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ACTS 


RESOLVES 


PASSED    BY    TFIE 


€mtu\  (^mvi  of  gHasjiarlmsetts 


IN  THE  TEAR 


1937 


TOGETHER    WITH 


TABLES  SHOWING  CHANGES  IN  THE  STATUTES,  ETC. 


PUBLISHED    BT    THE 

SECRETARY   OF  THE  COMMONWEALTH 


BOSTON 

WRIGHT  &   POTTER   PRINTING   COMPANY 

1937 


ACTS  AND  RESOLVES 


OF 


MASSACHUSETTS 
1937 


BP  The  General  Court,  which  was  chosen  November  3,  1936,  assembled  on 
Wednesday,  the  sixth  day  of  January,  1937,  for  its  first  annual  session. 

The  oaths  of  office  were  taken  and  subscribed  by  His  Excellency  Charles  F. 
Hurley  and  His  Honor  Francis  E.  Kelly  on  Thursday,  the  seventh  day  of 
January,  in  the  presence  of  the  two  Houses  assembled  in  convention. 


ACTS. 


An  Act  providing  for  the  continuance  of  the  annual  Chav.     1 

LISTING  OF  MALE  PERSONS  SEVENTY  YEARS  OF  AGE  OR 
OLDER  NOTWITHSTANDING  THEIR  EXEMPTION  FROM  PAY- 
MENT  OF   POLL  TAXES. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p™ambi"!^ 
to  defeat  its  purpose,  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
pubhc  convenience. 

Be  it  enacted  hj  the  Senate  and  House  of  Representatives  in 
General  Court  assembled,  and  by  the  authority  of  the  same, 
as  follows: 

Section  1.  The  first  paragraph  of  section  four  of  chap-  g.  l.  (Ter. 
ter  fifty-one  of  the  General  Laws,  as  most  recently  amended  etc!, 'amended. 
by  section  one  of  chapter  three  hundred  and  forty-five  of 
the  acts  of  nineteen  hundred  and  thirty-five,  is  hereby  fur- 
ther amended  by  inserting  after  the  word  "tax"  in  the 
tenth  fine  the  words: —  ,  of  every  male  inhabitant  of  the 
commonwealth  seventy  years  of  age  or  older,  residing  in 
their  respective  cities  and  towns,  —  so  as  to  read  as  fol- 
lows :  —  The  assessors,  assistant  assessors,  or  one  or  more  of  Assessors  to 

11        •         T  T-1    1  •    •  make  lists 

them  shall  annually  in  January  or  l"ebruary,  visit  every  of  male  persons 
building  in  their  respective  cities  and  towns,  and,  after  dili-  ylars^orage^ 
gent  inquiry,  shall  make  true  lists  containing,  as  nearly  as 
they  can  ascertain,  the  name,  age,  occupation,  nationality 
if  not  a  citizen  of  the  United  States,  and  residence  on  Janu- 
ary first  in  the  preceding  year  and  in  the  current  year,  of 
every  male  person  twenty  years  of  age  or  older,  residing  in 
their  respective  cities  and  towns,  liable  to  be  assessed  for  a 
poll  tax,  of  every  male  inhabitant  of  the  commonwealth 
seventy  years  of  age  or  older,  residing  in  their  respective 
cities  and  towns,  and  of  soldiers  and  sailors  exempted  from 
the  payment  of  a  poll  tax  under  section  five  of  chapter 
fifty-nine;  and  shall  also  make  true  lists  containing  the 
same  facts  relative  to  every  woman  twenty  years  of  age  or 
older  residing  in  their  respective  cities  and  towns. 

Section  2.     Section  eight  of  said  chapter  fifty-one,  as  g.  l.  (Ter. 
most  recently  amended  by  section  seven  of  chapter  two  ^tl! 'amended. 
hundred  and  fifty-four  of  the  acts  of  nineteen  hundred  and 
thirty-three,  is  hereby  further  amended  by  inserting  after 
the  word  "if"  in  the  fourth  line  the  words:  —  a  male  resi- 
dent seventy  years  of  age  or  older  or,  —  so  as  to  read  as 
follows:  —  Section  8.    If  a  male  resident  in  a  cit}''  or  town.  Assessment  of 
except  in  one  having  a  listing  board,  on  January  first  was  ^"^^^^^^  ^°^ 


4  Acts,  1937.  —  Chaps.  2,  3. 

previously  not  Rssessed  fop  a  poll  tax,  or  if  a  male  resident  seventy 
years  of  age  or  older  or  an  exempted  soldier  or  sailor  or  a 
woman  in  such  a  city  or  town  was  not  listed  under  section 
four,  such  person  shall,  in  order  to  estabHsh  his  right  to  be 
assessed  or  listed,  present  to  the  assessors  before  the  close 
of  registration  a  sworn  statement  that  he  was  on  said  day 
a  resident  of  such  city  or  town,  and  a  sworn  list  of  his  polls 
and  estate.  If  the  assessors  are  satisfied  that  such  state- 
ment is  true,  they  shall  assess  or  list  him,  as  the  case  may 
be,  and  give  him  a  certificate  thereof. 

Approved  January  I4,  1937. 

Chap.     2  An   Act  placing   under   the   civil   service   laws  the 

OFFICE    OF    chief    OF    POLICE    OF    THE    TOWN    OF    TEWKS- 
BURY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  pofice  of  the  town  of 
Tewksbury  shall,  upon  the  effective  date  of  this  act,  become 
subject  to  the  civil  service  laws  and  rules  and  regulations 
relating  to  police  officers  in  towns,  and  the  tenure  of  office 
of  any  incumbent  thereof  shall  be  unlimited,  subject,  how- 
ever, to  said  laws,  but  the  present  incumbent  of  said  office 
may  continue  to  serve  as  such  without  taking  a  civil  service 
examination. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  current  year 
in  the  form  of  the  following  question  which  shall  be  placed 
upon  the  official  ballot  to  be  used  for  the  election  of  town 
officers  at  said  meeting: — "Shall  an  act  passed  by  the 
general  court  in  the  year  nineteen  hundred  and  thirty- 
seven,  entitled  'An  Act  placing  under  the  Civil  Service  Laws 
the  Office  of  Chief  of  PoHce  of  the  Town  of  Tewksbury',  be 
accepted?"  If  a  majority  of  the  votes  in  answer  to  said 
question  are  in  the  affirmative,  then  this  act  shall  there- 
upon take  effect,  but  not  otherwise. 

Approved  January  14,  1937. 

Chap.  3  An  Act  authorizing  the  trustees  of  the  essex  county 
agricultural  school  to  expend  a  certain  sum  of 
money  toward  the  completion  of  an  athletic  field 
now  being  constructed  thereat  as  a  federal  works 
progress  administration  project. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  trustees  of  the  Essex  County  Agricultural 
School  may  expend  a  sum,  not  exceeding  six  thousand  dollars, 
toward  the  completion  of  an  athletic  field  now  being  con- 
structed at  said  school  as  a  federal  works  progress  administra- 
tion project,  the  said  sum  to  be  included  in  the  appropriation 
of  the  current  year  for  said  school. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  22,  1937. 


Acts,  1937.  —  Chaps.  4,  5. 


An  Act  extending  the  time  within  which  towns  may  Chap.     4 

APPROPRIATE  MONEY  FOR    TEMPORARY    EMERGENCY    UNEM- 
PLOYMENT FUNDS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  i^reambie. 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  first  paragraph  of  chapter  ninety  of  the  acts  of  nineteen 
hundred  and  thirty-five  is  hereby  amended  by  striking  out, 
in  the  second  line,  the  words  "and  nineteen  hundred  and 
thirty-six"  and  inserting  in  place  thereof  the  words:  —  to 
nineteen  hundred  and  thirty-eight,  inclusive,  —  so  as  to 
read  as  follows: — During  the  calendar  years  nineteen 
hundred  and  thirty-five  to  nineteen  hundred  and  thirty- 
eight,  inclusive,  any  town  may  by  two  thirds  vote  appropriate 
money  to  be  set  apart  and  administered  as  a  general  unem- 
ployment relief  fund,  for  expenditure  by  or  under  the  direction 
of  the  boards  and  officers  in  charge  of  town  departments, 
subject  to  the  approval  of  a  board  of  administration  consisting 
of  such  town  officers  ex  officiis  as  the  town  shall  by  its  vote 
determine,  for  the  construction,  improvement,  or  repair  of 
public  ways,  public  parks,  sewerage  and  water  supply  sys- 
tems, municipal  buildings  and  other  municipal  works  or 
undertakings,  whereby  employment  may  be  afforded  citizens 
of  the  town  who  shall  be  determined,  in  such  manner  as  the 
town  shall  by  its  vote  prescribe,  to  be  in  need  thereof,  or  for 
the  purchase  or  hire  of  materials,  supplies  and  equipment 
and  the  employment  of  labor  for  the  furtherance  of,  or  as  the 
contribution  of  the  town  to,  any  federal  unemployment  relief 
project  undertaken  or  to  be  undertaken  within  the  town. 

Approved  January  22,  1937. 


An  Act  placing  under  the  civil  service  laws  the  office  QJidy       5 
OF  chief  of  police  of  the  town  of  medway.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  police  of  the  town  of 
Medway  shall,  upon  the  effective  date  of  this  act,  become 
subject  to  the  civil  service  laws  and  rules  and  regulations  re- 
lating to  police  officers  in  towns,  and  the  tenure  of  office  of 
anj'-  incumbent  thereof  shall  be  unhmited,  subject,  however, 
to  such  laws;  provided,  that  Leo  F.  Cassidy,  the  present 
incumbent  of  said  office,  may  continue  to  serve  therein  with- 
out taking  a  civil  service  examination. 

Section  2,  This  act  shall  be  submitted  to  the  voters 
of  said  town  at  the  annual  town  meeting  in  the  current  year 
in  the  form  of  the  following  question,  which  shall  be  placed 
upon  the  official  ballot  to  be  used  for  the  election  of  town 
officers  at  said  meeting:  "Shall  an  act  passed  by  the  General 


Acts,  1937. —Chaps.  6,  7. 

Court  in  the  year  nineteen  hundred  and  thirty-seven,  en- 
titled 'An  Act  placing  under  the  civil  service  laws  the 
office  of  chief  of  police  of  the  town  of  Medway ',  be  accepted?  " 
If  a  majority  of  the  votes  in  answer  to  said  question  are  in  the 
affirmative,  then  this  act  shall  thereupon  take  effect,  but  not 
otherwise.  Approved  January  22,  1937. 


ChCLV.  6  -^N  ^^'^  'TO  PERMIT  THE  SCHOOL  COMMITTEE  OF  THE  TOWN  OP 
DALTON  TO  RETIRE  WITH  AN  ANNUAL  PENSION  WILLIAM  M. 
BARTLEY,  A  SCHOOL  JANITOR  IN  THAT  TOWN  WHO  HAS  BE- 
COME PHYSICALLY  INCAPACITATED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  school  committee  of  the  town  of  Dalton, 
having  control  of  janitors  employed  in  the  public  schools 
of  that  town,  may  retire  with  an  annual  pension  William  M. 
Hartley,  a  janitor  of  a  school  in  that  town  who  has  reached 
the  age  of  sixty  after  completing  a  service  of  more  than 
twenty-five  years  and  is  physically  incapacitated.  The  pen- 
sion shall  be  one  half  the  compensation  to  which  the  pensioner 
would  have  been  entitled  for  full  employment  during  the  last 
year  of  his  service  but  not  more  than  seven  hundred  and  fifty 
dollars  per  year.  It  shall  be  payable  out  of  the  appropriation 
for  the  support  of  the  public  schools,  maintenance  of  school 
buildings  or  payment  of  janitors. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  25,  1937. 


ChaV.       7  -^^  ^^"^  PLACING  under  the  CIVIL  SERVICE  LAWS  THE  OFFICE 
OF  CHIEF  OF  POLICE  OF  THE  TOWN  OF  NORTH  ANDOVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  police  of  the  town  of 
North  Andover  shall,  upon  the  effective  date  of  this  act, 
become  subject  to  the  civil  service  laws  and  rules  and  regula- 
tions relating  to  police  officers  in  towns,  and  the  tenure  of 
office  of  any  incumbent  thereof  shall  be  unlimited,  subject, 
however,  to  said  laws,  but  Alfred  H.  McKee,  the  present 
incumbent  of  said  office,  may  continue  to  serve  as  such 
without  taking  a  civil  service  examination. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  current  year 
in  the  form  of  the  following  question,  which  shall  be  placed 
upon  the  official  ballot  to  be  used  for  the  election  of  town 
officers  at  said  meeting:  "Shall  an  act  passed  by  the  General 
Court  in  the  year  nineteen  hundred  and  thirty-seven,  en- 
titled 'An  Act  placing  under  the  civil  service  laws  the  office 
of  chief  of  police  of  the  town  of  North  Andover',  be  ac- 
cepted?" If  a  majority  of  the  votes  in  answer  to  said  ques- 
tion is  in  the  affirmative,  then  this  act  shall  thereupon  take 
effect,  but  not  otherwise.  Approved  January  27,  1937. 


Acts,  1937.  —  Chaps.  8,  9. 


An  Act  placing  under  the  civil  service  laws  the  office  Chap. 

OF   CHIEF   OF   POLICE   OF   THE   TOWN   OF   HOLLISTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  police  of  the  town  of 
Holliston  shall,  upon  the  effective  date  of  this  act,  become 
subject  to  the  civil  service  laws  and  rules  and  regulations 
relating  to  police  officers  in  towns,  and  the  tenure  of  office 
of  any  incumbent  thereof  shall  be  unlimited,  subject,  how- 
ever, to  said  laws,  but  the  present  incumbent  of  said  office 
may  continue  to  serve  as  such  without  taking  a  civil  serv- 
ice examination. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  current  year 
in  the  form  of  the  following  question,  which  shall  be  placed 
upon  the  official  ballot  to  be  used  for  the  election  of  town 
officers  at  said  meeting:  "Shall  an  act  passed  by  the  General 
Court  in  the  year  nineteen  hundred  and  thirty-seven,  entitled 
'An  Act  placing  under  the  civil  service  laws  the  office  of 
chief  of  police  of  the  town  of  Holliston',  be  accepted?" 
If  a  majority  of  the  votes  in  answer  to  said  question  is  in  the 
affirmative,  then  this  act  shall  thereupon  take  effect,  but  not 
otherwise.  Approved  January  27,  1937. 


An  Act  providing  for  the  filling  of  vacancies  in  the  Chap. 

BOARD    OF   aldermen    OF    THE    CITY    OF    MEDFORD    BY   THE 
remaining    members   of   said    BOARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  forty-five  of  the 
acts  of  nineteen  hundred  and  three  is  hereby  amended  by 
striking  out  section  five  and  inserting  in  place  thereof  the 
following:  —  Section  5.  If  it  shall  appear  that  there  is  no 
choice  of  mayor,  or  if  the  person  elected  to  that  office  shall 
refuse  to  accept  or  shall  die  before  qualifying,  or  if  a  vacancy 
in  the  office  shall  occur  more  than  four  months  previous 
to  the  expiration  of  the  term  of  office  of  a  mayor,  the  board 
of  aldermen  shall  forthwith  cause  warrants,  or  orders,  to 
be  issued  for  a  new  election,  and  the  same  proceedings  shall 
be  had  in  all  respects  as  are  hereinbefore  provided  for  the 
election  of  a  mayor;  and  such  proceedings  shall  be  repeated 
until  the  election  of  a  mayor  is  completed.  In  case  a  vacancy 
in  the  office  of  mayor  shall  occur  within  the  four  months 
previous  to  the  expiration  of  his  tei'm  of  office,  the  board  of 
aldermen  may,  in  its  discretion,  order  a  new  election  to  be 
held  as  aforesaid  to  fill  the  vacancy.  Any  vacancy  in  the 
board  of  aldermen  shall  be  filled  by  election  by  said  board 
by  a  majority  vote  of  all  its  members;  and  the  person  elected 
to  fill  such  vacancy  shall  be  a  resident  of  the  ward  from  which 
his  predecessor  was  elected  and  shall  have  resided  therein 
for  not  less  than  six  months  last  preceding  suqh  election. 


8  Acts,  1937. —Chaps.  10,  11. 

A  person  elected  hereunder  shall,  before  entering  upon  the 
duties  of  the  office,  take  oath  before  the  city  clerk  faith- 
fully to  perform  the  same. 

Section  2.  Chapter  one  hundred  and  forty-two  of  the 
acts  of  nineteen  hundred  and  thirty-five  is  hereby  repealed. 

Section  3.  Any  vacancy  in  the  board  of  aldermen  of  the 
city  of  Medford  existing  upon  the  date  of  passage  of  this 
act  shall  be  filled  as  provided  in  section  one  thereof,  not- 
withstanding that  the  provisions  of  said  section  will  not 
otherwise  be  effective  unless  said  section  is  accepted  in 
accordance  with  section  four. 

Section  4.  Section  one  of  this  act  shall  be  submitted 
for  acceptance  to  the  registered  voters  of  the  city  of  Medford 
at  its  biennial  municipal  election  in  the  current  year  in  the 
form  of  the  following  question  which  shall  be  placed  upon 
the  official  ballot  to  be  used  at  said  election:  "Shall  section 
one  of  an  act  passed  by  the  general  court  in  the  year  nineteen 
hundred  and  thirty-seven,  entitled  'An  Act  providing  for 
the  filling  of  vacancies  in  the  board  of  aldermen  of  the  city 
of  Medford  by  the  remaining  members  of  said  board',  be 
accepted?"  If  a  majority  of  the  voters  voting  thereon  vote 
in  the  affirmative  in  answer  to  said  question,  said  section 
shall  thereupon  take  effect,  but  not  otherwise.  Sections 
two  and  three  of  this  act  shall  take  effect  upon  its  passage. 

Approved  January  27,  1937. 

Chap.   10  An  Act  authorizing  the  city  of  boston  to  pay  a  certain 

SUM  OF  MONEY  TO  MIRIAM  L.   SHAPIRO  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral 
obligation,  the  city  of  Boston  is  hereby  authorized  to  pay 
to  Miriam  L.  Shapiro,  of  said  Boston,  the  sum  of  fourteen 
hundred  dollars  as  a  refund  of  the  fee  paid  by  said  Shapiro 
for  a  retail  package  store  liquor  license,  so  called,  no  right, 
power  or  privilege  under  said  license  having  been  exercised 
by  said  Shapiro. 

Section  2.  This  act  shall  take  effect  upon  its  accept- 
ance during  the  current  year  by  vote  of  the  city  council 
of  said  city,  subject  to  the  provisions  of  its  charter. 

Approved  February  2,  1937. 

Chap.   11  An  Act  authorizing  special  judges  of  probate  and 
insolvency  and  special  justices  of  district  courts, 

WHEN    holding     COURT,     TO     WAIVE    THE    REQUIREMENTS 
OF  THE  FIVE-DAY  MARRIAGE  LAW,   SO  CALLED. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter  SECTION  1.     Section  thirty  of  chapter  two  hundred  and 

ameAded.'       '  seven  of  the  General  Laws,  as  appearing  in  the  Tercentenary 

Edition,   is   hereby   amended   by  inserting  after  the  word 

"court"  in  the  fifth  line  the  following:  — ,  or  a  special 


Acts,  1937. —Chaps.  12,  13.  9 

judge  of  probate  and  insolvency  or  special  justice  of  a  dis- 
trict court  when  holding  court,  —  so  as  to  read  as  follows :  — 
Section  30.  Upon  application  by  both  of  the  parties  to  an  waiver  of 
intended  marriage,  when  both  parties  are  residents  of  the  tiran^age  law. 
commonwealth  or  both  parties  are  non-residents,  or  upon 
application  of  the  party  residing  within  the  commonwealth 
when  one  of  the  parties  is  a  resident  and  the  other  a  non- 
resident, a  judge  of  probate  or  a  justice  of  a  district  court, 
or  a  special  judge  of  probate  and  insolvency  or  special  jus- 
tice of  a  district  court  when  holding  court,  may,  after  hearing 
such  evidence  as  is  presented,  grant  a  certificate  stating 
that  in  his  opinion  it  is  expedient  that  the  intended  marriage 
be  solemnized  without  delay.  Upon  presentation  of  such  a 
certificate,  or,  in  extraordinary  or  emergency  cases  when 
the  death  of  either  party  is  imminent,  upon  the  authoritative 
request  of  a  minister,  clergyman,  priest,  rabbi  or  attending 
physician,  the  clerk  or  registrar  of  the  town  where  the  notice 
of  intention  has  been  filed  shall  at  once  issue  the  certificate 
prescribed  in  section  twenty-eight. 

Section  2.     This  act  shall  become  operative  June  first  Effective 
in  the  current  year.  Approved  February  2,  1937. 


An  Act  placing  under  the  civil  service  laws  the  office  (JJkit)    12 
of  chief  of  police  of  the  town  of  northbridge. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  poHce  of  the  town  of 
Northbridge  shall,  upon  the  effective  date  of  this  act,  become 
subject  to  the  civil  service  laws  and  rules  and  regulations 
relating  to  police  officers  in  towns,  and  the  tenure  of  office 
of  any  incumbent  thereof  shall  be  unlimited,  subject,  how- 
ever, to  said  laws,  but  the  present  incumbent  of  said  office 
may  continue  to  serve  as  such  without  taking  a  civil  service 
examination. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  vote  of  the  inhabitants  of  said  town  at  any  town  meeting 
held  during  the  current  year.    Approved  February  2,  1937. 


An  Act  making  certain  perfecting  changes  in  the  laws  Chav    13 

RELATIVE  TO  REGISTRATION  OF  EMBALMERS  AND   FUNERAL 
DIRECTORS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  ^^'^^^"^ 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighty-seven  of  chapter  one  hundred  and  twelve  g.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  section  three  of  chapter  ^tt^'amfnied^' 
four  hundred  and  seven  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  amended  by  striking  out,  in  the  second 


section. 


10  Acts,  1937. —Chap.  14. 

and  seventh  lines,  respectively,  the  word  "eighty-two"  and 
inserting  in  place  thereof,  in  each  instance,  the  word :  — 
Penalty  eighty-three, —  so  as  to  read  as  follows:  —  Section  87.    Who- 

ever, not  being  registered  as  an  embalmer  under  section 
eighty-three  or  corresponding  provisions  of  earlier  laws,  shall 
by  himself  or  by  his  agent  or  servant,  unless  such  agent  or 
servant  is  so  registered,  engage  in  the  business  of  embalming 
dead  human  bodies,  or  whoever,  not  being  registered  as  a 
funeral  director  under  said  section  eighty-three  and  licensed 
as  a  funeral  director  under  section  forty-nine  of  chapter  one 
hundred  and  fourteen,  shall  engage  in  the  business  of  funeral 
directing,  or  shall  hold  himself  out  as  such,  shall,  except 
as  otherwise  provided  in  section  sixty-five,  be  punished  by 
a  fine  of  not  more  than  one  hundred  dollars  or  by  imprison- 
ment for  not  more  than  two  months,  or  both;  but  sections 
eighty-two  to  eighty-seven,  inclusive,  shall  not  prohibit 
the  employment  of  apprentices  or  assistants  in  embalming 
under  the  personal  supervision  of  a  registered  embalmer,  or 
in  funeral  directing  under  the  personal  supervision  of  a 
registered  and  licensed  funeral  director. 

Approved  February  3,  1937. 


Chap.  14  -^N  ^^'^  RELATIVE  TO  THE  NUMBER  OF  PACKAGE  STORE 
LICENSES  THAT  MAY  BE  ISSUED  FOR  THE  SALE  OF  ALL 
ALCOHOLIC    BEVERAGES    IN    THE    CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

G.  L  (Ter  SECTION  1.     The  first  paragraph  of  section  seventeen  of 

etc., 'amended. '  chapter  oue  hundred  and  thirty-eight  of  the  General  Laws, 
as  most  recently  amended  by  chapter  two  hundred  and 
forty-five  of  the  acts  of  nineteen  hundred  and  thirty-six, 
is  hereby  amended  by  striking  out,  in  the  twenty-first  line, 
the  word  "three"  the  second  time  it  occurs  and  inserting 
in  place  thereof  the  word :  —  five,  —  so  as  to  read  as  fol- 
Package  store    jQ^g .  —  Exccpt  as  Otherwise  provided  in  this  chapter,  the 

IIC6IIS6S 

number' of,  number  of  licenses  granted  by  the  local  licensing  authori- 
reguiated.  ^.^^  -^  ^^^  ^^^^  ^^  town  Under  sections  twelve  and  fifteen 
shall  not  exceed  in  the  aggregate  one  for  each  population 
unit  of  one  thousand  or  fraction  thereof;  provided,  that 
within  said  aggregate  number  the  licensing  authorities  may 
grant  three  licenses  under  section  fifteen  in  any  city  or 
town  having  a  population  of  five  thousand  or  more  but  not 
exceeding  fifteen  thousand  and  may  grant  not  more  than 
one  license  thereunder  for  each  population  unit  of  five 
thousand  or  fraction  thereof  in  any  city  or  town  having  a 
population  of  more  than  fifteen  thousand;  and  provided, 
further,  that  the  licensing  authorities  in  any  town,  irre- 
spective of  its  population,  may  grant  not  more  than  four 
licenses  in  the  aggregate  under  sections  twelve  and  fifteen, 
but  in  no  such  case  shall  they  grant  more  than  three  licenses 
under  section  twelve  or  more  than  two  hcenses  under  sec- 
tion fifteen;  and  provided,  further,  that  in  the  city  of  Bos- 


Acts,  1937. —Chap.  15.  11 

ton  licenses  under  section  twelve  may  be  granted  up  to  a 
total  number  not  exceeding  one  thousand  and  licenses  under 
section  fifteen  up  to  a  total  number  not  exceeding  three 
hundred  and  five  but  no  further  original  licenses  under  said 
section  fifteen  shall  be  granted  in  said  city  until  the  num- 
ber of  licenses  outstanding  thereunder  shall  have  been  re- 
duced to  less  than  two  hundred  and  fifty  by  cancellation  or 
revocation  or  the  failure  of  holders  of  such  licenses  to  apply 
for  renewals,  and  thereafter  licenses  thereunder  may  be 
granted  only  up  to  a  total  not  exceeding  two  hundred  and 
fifty;  and  provided,  further,  that  in  any  city  or  town  which 
has  an  increased  resident  population  during  the  summer 
months,  the  local  licensing  authorities  may  make  an  esti- 
mate prior  to  April  first  in  any  year  of  such  temporary  resi- 
dent population  as  of  July  tenth  following,  a  copy  of  which 
estimate  shall  be  transmitted  forthwith  to  the  commission, 
and  one  additional  license  under  section  twelve,  to  be 
effective  from  April  first  to  November  thirtieth  only,  may 
be  granted  for  each  unit  of  one  thousand  or  additional  frac- 
tion thereof  of  such  population  as  so  estimated,  and  one 
additional  license  under  section  fifteen,  to  be  effective  from 
April  first  to  November  thirtieth  only,  may  be  granted  for 
each  unit  of  five  thousand  or  additional  fraction  thereof  of 
such  population  as  so  estimated;  and  provided,  further, 
that  said  authorities  may  grant  in  addition  and  irrespective 
of  any  limitation  of  number  of  licenses  contained  in  this 
section  seasonal  licenses  under  section  twelve  to  duly  in- 
corporated clubs  in  their  city  or  town  if  deemed  by  them 
to  be  in  the  public  interest. 

Section  2.    This  act  shall  take  effect  upon  its  passage.      Effective 

Approved  February  5,  1937.      '^**^- 

An  Act  relative  to  vacations  for  certain  municipal  (Jjiav.   15 

EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  forty-one  of  the  General  Laws  is  hereby  amended  EJ^IJ^^sm 
by  striking  out  section  one  hundred  and  eleven,  as  most  etc!, 'amended. ' 
recently  amended  by  chapter  two  hundred  and  forty-two 
of  the  acts  of  nineteen  hundred  and  thirty-six,  and  inserting 
in  place  thereof  the  following  section:  —  Section  111.     In  vacations 
any  town  which  accepted  chapter  two  hundred  and  seven-  muni^ip^ar 
teen  of  the  acts  of  nineteen  hundred  and  fourteen  or  which  employees. 
accepts  this  section  in  the  manner  hereinafter  provided,  all 
persons  classified  as  laborers,  or  doing  the  work  of  laborers, 
regularly  employed  by  such  town,  shall  be  granted  an  an- 
nual vacation  of  not  less  than  two  weeks  without  loss  of 
pay.     In  any  city  which  accepted  said  chapter  or  which 
accepts  this  section  in  the  manner  hereinafter  provided,  the 
city  council  may  determine  that  a  vacation  of  two  weeks 
without  loss  of  pay  shall  be  granted  to  every  person  regu- 
larly employed  by  such  city  as  a  common  laborer,  skilled 
laborer,  mechanic  or  craftsman.    If  such  vacations  are  author- 


12  Acts,  1937.  —  Chap.  16.  . 

ized,  they  shall  be  granted  by  the  heads  of  the  executive 
departments  of  the  city  at  such  times  as  in  their  opinion 
will  cause  the  least  interference  with  the  performance  of  the 
regular  work  of  the  city.  A  person  shall  be  deemed  to  be 
regularly  employed,  within  the  meaning  of  this  section,  if 
he  has  actually  worked  for  the  city  or  town  for  thirty-two 
weeks  in  the  aggregate  during  the  preceding  twelve  months, 
notwithstanding  that  he  has  ceased,  otherwise  than  by  vol- 
untary withdrawal  or  dismissal  for  cause  in  accordance  with 
law,  to  be  in  the  employ  of  such  city  or  town.  Any  official 
of  a  city  or  town  whose  duty  it  is  to  grant  a  vacation  as 
provided  by  this  section  who  wilfully  refuses  to  grant  the 
same  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars.  The  department  of  labor  and  industries 
shall  enforce  this  section,  and  shall  have  all  necessary  pow- 
ers therefor. 

If  a  petition  requesting  that  the  question  of  acceptance 
of  this  section  be  submitted  to  the  registered  voters  of  any 
city  or  town  which  has  not  accepted  said  chapter  two  hun- 
dred and  seventeen,  signed  by  registered  voters  thereof  equal 
in  number  to  at  least  five  per  cent  of  the  whole  number  of 
registered  voters  thereof,  is  filed  with  the  city  or  town  clerk 
not  less  than  sixty  days  before  a  biennial  state  election, 
said  city  or  town  clerk  shall  immediately  transmit  said 
petition  to  the  state  secretary,  who  shall  cause  to  be  placed 
upon  the  ofiicial  ballot  to  be  used  in  said  city  or  town  at 
said  state  election  the  following  question:  "Shall  section 
one  hundred  and  eleven  of  chapter  forty-one  of  the  General 
Laws,  providing  for  vacations  for  certain  municipal  em- 
ployees be  accepted?"  If  a  majority  of  the  registered  voters 
of  such  city  or  town  voting  thereon  shall  vote  in  the  affirma- 
tive, said  section  shall  be  applicable  in  such  city  or  town 
from  and  after  the  beginning  of  the  next  municipal  year. 

Approved  February  5,  1937. 


Chap.  16  ^^  -^CT  AUTHORIZING  THE  ESTABLISHMENT  OF  A  BOARD  OF 
TRUSTEES  TO  MANAGE  THE  LAND  OF  THE  TOWN  OF  IPSWICH 
AT  GREAT  NECK  IN  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Ipswich  shall  elect  by  ballot,  at 
its  annual  town  election  in  the  year  nineteen  hundred  and 
thirty-eight,  three  persons  to  constitute  a  board  of  trustees 
for  the  management  of  the  land  owned  by  the  town  at  Great 
Neck,  in  said  Ipswich.  One  of  such  trustees  shall  hold  office 
until  the  expiration  of  three  years,  one  until  the  expiration 
of  two  years,  and  one  until  the  expiration  of  one  year,  from 
said  election;  and  at  each  annual  town  election  thereafter 
one  such  trustee  shall  be  elected  by  ballot  for  three  years. 
Said  board  of  trustees  shall  be  subject  to  such  instructions, 
rules  and  regulations  as  said  town  may  from  time  to  time 
impose  by  vote. 


Acts,  1937. —Chap.  17.  13 

Section  2.  Pending  the  election  of  the  board  of  trustees 
authorized  by  section  one  of  this  act,  the  board  of  selectmen 
of  said  town  may  appoint  three  persons  to  constitute  such 
board.  Persons  appointed  under  this  section  shall  serve  until 
the  qualification  of  their  successors  elected  at  the  annual  town 
election  in  said  town  in  the  year  nineteen  hundred  and  thirty- 
eight  as  provided  in  said  section  one,  and  shall  have  and 
exercise  the  same  powers  and  privileges  and  be  subject  to  the 
same  restrictions,  rules  and  regulations  as  the  board  referred 
to  in  said  section  one. 

Section  3.  This  act  shall  be  submitted  for  acceptance  to 
the  registered  voters  of  the  town  of  Ipswich  at  the  annual 
town  meeting  in  the  current  year.  If  a  majority  of  the  votes 
cast  thereon  at  said  meeting  is  in  the  affirmative,  this  act 
shall  take  full  effect,  but  not  otherwise. 

Approved  February  8,  1937. 

An  Act  establishing  in  the  town  of  braintree  repre-  (^/^^jr)     17 

SENTATIVE    TOWN    GOVERNMENT   BY    LIMITED    TOWN    MEET-  ^' 

INGS. 

Be  it  enacted,  etc.,  as  follows: 

Part  I, 

Section  1.  There  is  hereby  established  in  the  town  of 
Braintree  the  form  of  representative  town  government  by 
limited  town  meetings  hereinafter  set  forth. 

Section  2.  Upon  the  acceptance  of  Part  I  of  this  act  by 
the  town  of  Braintree  as  hereinafter  provided,  the  selectmen 
shall  forthwith  divide  the  territory  of  said  town  into  not 
less  than  six  nor  more  than  nine  voting  precincts,  each  of 
which  shall  be  plainly  designated  and  shall  contain  not  less 
than  four  hundred  registered  voters.  All  precincts  shall  also 
contain  approximately  an  equal  number  of  registered  voters. 
The  precincts  shall  be  so  established  as  to  consist  of  compact 
and  contiguous  territory  to  be  bounded,  as  far  as  possible, 
by  the  center  line  of  known  streets  and  ways  or  by  other  well- 
defined  limits.  Their  boundaries  shall  be  reviewed,  and,  if 
need  be,  wholly  or  partly  revised,  by  the  selectmen  in  Decem- 
ber, once  in  five  years,  or  in  December  of  any  year  when  so 
directed  by  a  vote  of  a  representative  town  meeting  held  not 
later  than  November  tw^entieth  of  that  year. 

The  selectmen  shall,  within  ten  days  after  any  establish- 
ment or  revision  of  the  precincts,  file  a  report  of  their  doings 
with  the  town  clerk,  the  registrars  of  voters  and  the  assessors, 
with  a  map  or  maps  or  description  of  the  precincts  and  the 
names  and  residences  of  the  registered  voters  therein.  The 
selectmen  shall  also  cause  to  be  posted  in  the  town  hall  a 
map  or  maps  or  description  of  the  precincts  as  established  or 
revised  from  time  to  time  with  the  names  and  residences  of 
the  registered  voters  therein;  and  they  shall  also  cause  to  be 
posted  in  at  least  one  public  place  in  each  precinct  a  map  or 
description  of  that  precinct,  mth  the  names  and  residences 


14  Acts,  1937. —Chap.  17. 

of  the  registered  voters  therein.  The  division  of  the  town 
into  voting  precincts  and  any  revision  of  such  precincts  shall 
take  effect  upon  the  date  of  the  fihng  of  the  report  thereof  by 
the  selectmen  with  the  town  clerk.  Whenever  the  precincts 
are  estabhshed  or  revised,  the  towTi  clerk  shall  forthwith  give 
written  notice  thereof  to  the  state  secretary,  stating  the  num- 
ber and  designation  of  the  precincts.  Meetings  of  the  regis- 
tered voters  of  the  several  precincts  for  elections,  for 
primaries,  and  for  voting  upon  any  question  to  be  submitted 
to  all  the  registered  voters  of  the  town,  shall  be  held  on  the 
same  day  and  at  the  same  hour  and  at  such  place  or  places 
within  the  town  as  the  selectmen  shall  in  the  warrant  for 
such  meeting  direct.  The  provisions  of  chapters  fifty  to 
fifty-six,  inclusive,  of  the  General  Laws  relating  to  precinct 
voting  at  elections,  so  far  as  the  same  are  not  inconsistent 
with  this  act,  shall  apply  to  all  elections  and  primaries  in  the 
town  upon  the  establishment  of  voting  precincts  as  herein- 
before provided. 

Section  3.  Other  than  the  officers  designated  in  the  by- 
laws of  the  town  as  town  meeting  members  at  large,  the 
representative  town  meeting  membership  shall  in  each  pre- 
cinct consist  of  the  largest  number  divisible  by  three  which 
will  admit  of  a  representation  thereof  in  the  approximate 
proportion  which  the  number  of  registered  voters  therein 
bears  to  the  total  number  of  registered  voters  in  the  town, 
and  which  will  cause  the  total  membership  to  be  as  nearly 
two  hundred  and  forty  as  may  be. 

The  registered  voters  in  every  precinct  shall,  at  the  first 
annual  town  election  held  after  the  establishment  of  such 
precinct,  and  the  registered  voters  of  any  precinct  affected 
by  any  revision  of  precincts  shall,  at  the  first  annual  town 
election  following  such  revision,  conformably  to  the  laws 
relative  to  elections  not  inconsistent  with  this  act,  elect  by 
ballot  the  number  of  registered  voters  in  the  precinct,  other 
than  the  officers  designated  in  the  by-laws  as  town  meeting 
members  at  large,  provided  for  in  the  first  sentence  of  this 
section,  to  be  town  meeting  members  of  the  town.  The  first 
third,  in  the  order  of  votes  received,  of  members  so  elected 
shall  serve  three  years,  the  second  third  in  such  order  shall 
serve  two  years,  and  the  remaining  third  in  such  order  shall 
serve  one  year,  from  the  day  of  the  annual  town  meeting;  in 
case  of  a  tie  vote  affecting  the  division  into  thirds,  as  afore- 
said, the  members  elected  from  the  precinct  shall  by  ballot 
determine  the  same;  and  thereafter,  except  as  is  otherwise 
provided  herein,  at  each  annual  town  election  the  registered 
voters  of  each  precinct  shall,  in  like  manner,  elect,  for  the 
term  of  three  years,  one  third  of  the  number  of  elected  town 
meeting  members  to  which  such  precinct  is  entitled,  and  shall 
at  such  election  fill  for  the  unexpired  term  or  terms  any 
vacancy  or  vacancies  then  existing  in  the  number  of  elected 
town  meeting  members  in  such  precinct. 

The  terms  of  ofiice  of  all  elected  town  meeting  members 
from  every  precinct  revised  as  aforesaid  shall  cease  upon  the 


Acts,  1937. —Chap.  17.  15 

election  as  hereinbefore  provided  of  their  successors.  The 
town  clerk  shall,  after  every  election  of  town  meeting  mem- 
bers, forthwith  notify  each  such  member  by  mail  of  his 
election. 

Section  4.  Any  representative  town  meeting  held  under 
the  provisions  of  this  act,  except  as  otherwise  provided  herein, 
shall  be  limited  to  the  town  meeting  members  elected  under 
section  three,  together  with  such  town  meeting  members  at 
large  as  may  be  provided  for  by  the  by-laws  of  the  town. 

The  town  clerk  shall  notify  the  town  meeting  members  of 
the  time  and  place  at  which  representative  town  meetings 
are  to  be  held,  the  notices  to  be  sent  by  mail  at  least  seven 
days  before  the  meeting.  The  town  meeting  members,  as 
aforesaid,  shall  be  the  judges  of  the  election  and  qualifica- 
tions of  their  members.  A  majority  of  the  town  meeting 
members  shall  constitute  a  quorum  for  doing  business;  but 
a  less  number  may  organize  temporarily  and  may  adjourn 
from  time  to  time,  but  no  town  meeting  shall  adjourn  over 
the  date  of  an  election  of  town  meeting  members.  All  town 
meetings  shall  be  public.  The  town  meeting  members  as  such 
shall  receive  no  compensation.  Subject  to  such  conditions 
as  may  be  determined  from  time  to  time  by  the  members  of 
the  representative  town  meeting,  any  registered  voter  of  the 
town  who  is  not  a  town  meeting  member  may  speak  at  any 
representative  town  meeting,  but  shall  not  vote.  A  town 
meeting  member  may  resign  by  filing  a  written  resignation 
with  the  town  clerk,  and  such  resignation  shall  take  effect  on 
the  date  of  such  filing.  A  town  meeting  member  who  removes 
from  the  town  shall  cease  to  be  a  town  meeting  member,  and 
a  town  meeting  member  who  removes  from  the  precinct  from 
which  he  was  elected  to  another  precinct  may  serve  only  until 
the  next  annual  town  meeting. 

Section  5.  Nomination  of  candidates  for  town  meeting 
members  to  be  elected  under  this  act  shall  be  made  by  nom- 
ination papers,  which  shall  bear  no  political  designation,  shall 
be  signed  by  not  less  than  ten  voters  of  the  precinct  in  which 
the  candidate  resides,  and  shall  be  filed  with  the  town  clerk 
at  least  ten  days  before  the  election ;  provided,  that  any  town 
meeting  member  may  become  a  candidate  for  re-election  by 
giving  written  notice  thereof  to  the  town  clerk  at  least  thirty 
days  before  the  election.  No  nomination  papers  shall  be 
valid  in  respect  to  any  candidate  whose  written  acceptance 
is  not  thereon  or  attached  thereto  when  filed. 

Section  6.  The  articles  in  the  warrant  for  every  town 
meeting,  so  far  as  they  relate  to  the  election  of  the  moderator, 
town  officers  and  town  meeting  members,  and,  as  herein 
provided,  to  referenda,  and  all  matters  to  be  acted  upon  and 
determined  by  ballot,  shall  be  so  acted  upon  and  determined 
by  the  registered  voters  of  the  town  in  their  respective  pre- 
cincts. All  other  articles  in  the  warrant  for  any  town  meeting 
shall  be  acted  upon  and  determined  exclusively  by  town 
meeting  members  at  a  meeting  to  be  held  at  such  time  and 
place  as  shall  be  set  forth  by  the  selectmen  in  the  warrant 


16  Acts,  1937. —Chap.  17. 

for  the  meeting,  subject  to  the  referendum  provided  for  by 
section  nine. 

Section  7.  A  moderator  shall  be  elected  by  ballot  at  each 
annual  town  meeting,  and  shall  serve  as  moderator  of  all 
town  meetings,  except  as  otherwise  provided  bj'"  law,  until  a 
successor  is  elected  and  qualified.  Nominations  for  and  elec- 
tion of  a  moderator  shall  be  as  in  the  case  of  other  elective 
town  officers,  and  any  vacancy  in  the  office  may  be  filled  by 
the  town  meeting  members  at  a  meeting  held  for  that  pur- 
pose. If  a  moderator  is  absent,  a  moderator  pro  tempore  may 
be  elected  by  the  town  meeting  members. 

Section  8.  Any  vacancy  in  the  full  number  of  town 
meeting  members  from  any  precinct,  whether  arising  from  a 
failure  of  the  registered  voters  thereof  to  elect,  or  from  any 
other  cause,  may  be  filled,  until  the  next  annual  election,  by 
the  remaining  members  of  the  precinct  from  among  the  regis- 
tered voters  thereof.  Upon  petition  therefor,  signed  by  not 
less  than  ten  town  meeting  members  from  the  precinct,  notice 
of  any  vacancy  shall  promptly  be  given  by  the  town  clerk  to 
the  remaining  members  from  the  precinct  in  which  the 
vacancy  or  vacancies  exist,  and  he  shall  call  a  special  meeting 
of  such  members  for  the  purpose  of  filHng  such  vacancy  or 
vacancies.  He  shall  cause  to  be  mailed  to  every  such  mem- 
ber, not  less  than  five  days  before  the  time  set  for  the  meet- 
ing, a  notice  specifying  the  object,  time  and  place  of  the 
meeting.  At  the  said  meeting  a  majority  of  the  members 
from  such  precinct  shall  constitute  a  quorum,  and  they  shall 
elect  from  their  own  number  a  chairman  and  a  clerk.  The 
choice  to  fill  any  vacancy  shall  be  by  ballot,  and  a  majority 
of  the  votes  cast  shall  be  required  for  a  choice.  The  chairman 
and  clerk  shall  count  the  ballots  and  shall  make  a  certificate 
of  the  choice  and  forthwith  file  the  same  with  the  town  clerk, 
together  with  a  written  acceptance  by  the  member  or  mem- 
bers so  chosen,  who  shall  thereupon  be  deemed  elected  and 
qualified  as  a  town  meeting  member  or  members,  subject  to 
the  right  of  all  the  town  meeting  members  to  judge  of  the 
election  and  qualifications  of  the  members  as  set  forth  in 
section  four. 

Section  9.  A  vote  passed  by  any  representative  town 
meeting  authorizing  the  expenditure  of  twenty  thousand 
dollars  or  more  as  a  special  appropriation,  or  establishing  a 
new  board  or  office  or  abolishing  an  old  board  or  office  or 
merging  two  or  more  boards  or  offices,  or  fixing  the  term  of 
office  of  town  officers,  where  such  term  is  optional,  or  increas- 
ing or  reducing  the  number  of  members  of  a  board,  or  adopt- 
ing a  new  by-law,  or  amending  an  existing  by-law,  shall  not 
be  operative  until  after  the  expiration  of  five  days,  exclusive 
of  Sundays  and  holidays,  from  the  dissolution  of  the  meeting. 
If,  within  said  five  days,  a  petition,  signed  by  not  less  than 
five  hundred  registered  voters  of  the  town,  containing  their 
names  and  addresses  as  they  appear  on  the  list  of  registered 
voters,  is  filed  with  the  selectmen  asking  that  the  question 
or  questions  involved  in  such  a  vote  be  submitted  to  the 


Acts,  1937. —Chap.  17.  17 

registered  voters  of  the  town  at  large,  then  the  selectmen, 
after  the  expiration  of  five  daj-^s,  shall  forthwith  call  a  special 
meeting  for  the  sole  purpose  of  presenting  to  the  registered 
voters  at  large  the  question  or  questions  so  involved.  The 
polls  shall  be  opened  at  two  o'clock  in  the  afternoon  and  shall 
be  closed  not  earher  than  eight  o'clock  in  the  evening,  and 
all  votes  upon  any  questions  so  submitted  shall  be  taken  by 
ballot,  and  the  check  list  shall  be  used  in  the  several  precinct 
meetings  in  the  same  manner  as  in  the  election  of  town  offi- 
cers. The  questions  so  submitted  shall  be  determined  by  a 
majority  vote  of  the  registered  voters  of  the  town  voting 
thereon,  but  no  action  of  the  representative  town  meeting 
shall  be  reversed  unless  at  least  twenty  per  cent  of  the  total 
number  of  registered  voters  shall  vote  for  such  reversal.  Each 
question  so  submitted  shall  be  in  the  form  of  the  following 
question,  which  shall  be  placed  upon  the  official  ballot:  — 
"Shall  the  town  vote  to  approve  the  action  of  the  represent- 
ative town  meeting  whereby  it  was  voted  (brief  description 
of  the  substance  of  the  vote)?"  If  such  a  petition  is  not  filed 
within  said  period  of  five  days,  the  vote  of  the  representative 
town  meeting  shall  become  operative  and  effective  upon  the 
expiration  of  said  period. 

Section  10.  The  town,  after  the  acceptance  of  Part  I  of 
this  act,  shall  have  the  capacity  to  act  through  and  to  be 
bound  by  its  town  meeting  members,  who  shall,  when  con- 
vened from  time  to  time  as  herein  provided,  constitute  repre- 
sentative town  meetings;  and  the  representative  town  meet- 
ings shall  exercise  exclusively,  so  far  as  will  conform  to  the 
provisions  of  this  act,  all  powers  vested  in  the  municipal  cor- 
poration. Action  in  conformity  with  all  provisions  of  law 
now  or  hereafter  applicable  to  the  transaction  of  town  affairs 
in  town  meetings,  shall,  when  taken  by  any  representative 
town  meeting  in  accordance  with  the  provisions  of  this  act, 
have  the  same  force  and  effect  as  if  such  action  had  been 
taken  in  a  town  meeting  open  to  all  the  voters  of  the  town  as 
organized  and  conducted  before  the  estabhshment  in  said 
town  of  representative  town  meeting  government. 

Section  11.  This  act  shall  not  abridge  the  right  of  the 
inhabitants  of  said  town  to  hold  general  meetings,  as  secured 
to  them  by  the  constitution  of  this  commonwealth;  nor  shall 
this  act  confer  upon  any  representative  town  meeting  in  said 
town  the  power  finally  to  commit  the  town  to  any  measure 
affecting  its  municipal  existence  or  substantially  changing  its 
form  of  government  without  action  thereon  by  the  voters  of 
the  town  at  large,  using  the  ballot  and  the  check  list  therefor. 

Section  12.  Part  I  of  this  act  shall  be  submitted  to  the 
registered  voters  of  the  town  of  Braintree  for  acceptance  at 
its  annual  town  election  in  the  year  nineteen  hundred  and 
thirty-seven;  and  the  selectmen  of  said  town  are  hereby 
directed  to  insert  in  the  regular  warrant  for  such  election  an 
appropriate  article  relative  to  the  matter  to  be  acted  on  as 
aforesaid.  The  vote  shall  be  taken  by  ballot  in  accordance 
with  the  provisions  of  the  General  Laws,  so  far  as  the  same 


18  Acts,  1937. —Chaps.  18,  19. 

may  be  applicable,  in  answer  to  the  question  which  shall  be 
placed  upon  the  official  ballot  to  be  used  in  the  several  pre- 
cincts for  the  election  of  town  officers  at  said  election :  — 
"Shall  Part  I  of  an  act  passed  by  the  general  court  in  the  year 
nineteen  hundred  and  thirty-seven,  entitled  'An  Act  estab- 
Hshing  in  the  town  of  Braintree  representative  town  govern- 
ment by  hniited  town  meetings',  be  accepted  by  this  town?" 
If  accepted  by  a  majority  of  the  voters  voting  thereon,  Part 
I  of  this  act  shall  thereupon  take  effect  for  all  purposes  inci- 
dental to  the  annual  town  election  in  said  town  in  the  year 
nineteen  hundred  and  thirty-eight,  and  shall  take  full  effect 
beginning  with  said  election. 

Section  13.  If  Part  I  of  this  act  is  rejected  by  the  regis- 
tered voters  of  the  town  of  Braintree  when  submitted  to  said 
voters  under  section  twelve  it  may  be  submitted  for  accept- 
ance in  hke  manner  to  such  voters  at  any  annual  town  elec- 
tion in  said  town  not  later  than  the  annual  town  election  in 
the  year  nineteen  hundred  and  forty,  and,  if  accepted  by  a 
majority  of  the  voters  voting  thereon  at  such  an  election, 
shall  thereupon  take  effect  for  all  purposes  incidental  to  the 
next  annual  town  election  in  said  town  and  shall  take  full 
effect  beginning  with  said  election. 

Part  II. 

Section  14.  Chapter  fifty-six  of  the  acts  of  nineteen 
hundred  and  thirty-six  is  hereby  repealed  and  said  repeal 
shall  take  effect  upon  the  passage  of  this  act. 

Approved  February  8,  1987. 


Chap.   18  An  Act  authorizing  towns  in  barnstable  county  to 

APPROPRIATE  MONEY  FOR  STOCKING  INLAND  WATERS  IN 
SUCH  TOWNS  WITH  FISH  AND  FOR  LIBERATING  GAME 
THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  town  in  Barnstable  county  may  annu- 
ally appropriate  a  sum,  not  exceeding  five  hundred  dollars, 
for  the  purpose  of  stocking  ponds  and  other  inland  waters 
located  within  its  limits  with  fish  and  of  liberating  game 
within  said  limits  and  to  meet  necessary  expenses  incidental 
thereto,  including  the  feeding  of  game  so  liberated.  Two  or 
more  of  said  towns  bordering  upon  the  same  pond  or  other 
inland  waters  may  join  in  stocking  the  same  hereunder. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  11,  1937. 


Chap.   19  An  Act  designating  a  certain  highway  as  the  grand 

ARMY   OF   THE   REPUBLIC   HIGHWAY. 

^rTambk''^  Whcrcas,   It  is  fitting  and  proper  that  the  veterans  of  the 

civil  war  should  be  given  further  recognition  for  their  valiant 


Acts,  1937.  —  Chap.  20.  19 

services  in  the  war  of  the  rebelhon  from  eighteen  hundred 
and  sixty-one  to  eighteen  hundred  and  sixty-five;  therefore, 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  That  portion  of  the  highway  known  as 
"U.  S.  Route  6"  which  begins  in  the  town  of  Provincetown 
and  extends  to  the  boundary  hne  between  tliis  common- 
wealth and  the  state  of  Rhode  Island  shall  hereafter  be 
designated  and  known  as  the  Grand  Army  of  the  Republic 
Highway.  The  department  of  public  works  is  hereby  author- 
ized and  directed  to  erect  along  said  portion  of  said  high- 
way suitable  markers  bearing  said  designation. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  12,  1937. 


An  Act  requiring  all  subordinate  officers  of  the  state  Chav.  20 

FARM    TO    TAKE    AND    SUBSCRIBE    TO    CERTAIN    OATHS    OF 
OFFICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred   and    twenty-five   of  g- l.  (Ter. 
the  General  Laws  is  hereby  amended  by  striking  out  section  amended.'    •  ' 
ten,  as  appearing  in  the  Tercentenary  Edition,  and  inserting 
in  place  thereof  the  following:  —  Section  10.     All  subordi-  Oathsofsub- 
nate  officers  of  the  state  prison,  state  prison  colony,  Massa-  of  state^'f arm,"^ 
chusetts  reformatory,  state  farm  or  reformatory  for  women,  ^""""^  °^- 
before  entering  upon  the  performance  of  their  official  duties, 
shall  take  and  subscribe  the  following  oaths: 

I,  A.  B.,  do  solemnly  swear  that  I  will  bear  true  faith  and  allegiance 
to  the  commonwealth  of  Massachusetts,  and  will  support  the  consti- 
tution thereof.    So  help  me,  God. 

I,  A.  B.,  do  solemnly  swear  that  I  will  obey  the  lawful  orders  of  all 
my  superior  officers.    So  help  me,  God. 

I,  A.  B.,  do  solemnly  swear  and  affirm  that  I  will  faithfully  and 
impartially  discharge  and  perform  all  the  duties  incumbent  on  me  in 
the  office  to  which  I  have  been  appointed,  according  to  the  best  of  my 
abilities  and  understanding,  agreeably  to  the  rules  and  regulations  of 
the  constitution,  the  laws  of  the  commonwealth  and  the  rules  pro- 
vided in  accordance  with  law  for  the  government  of  the  state  prison 
(state  prison  colony,  Massachusetts  reformatory,  state  farm  or  reform- 
atory for  women).    So  help  me,  God. 

The  oaths  may  be  administered  by  "any  officer  authorized 
by  law  to  administer  oaths,  and  a  record  thereof  shall  be  in 
the  possession  of  the  warden  or  superintendent. 

Section  2.     Each  person  holding  office,  on  the  effective  present  officers 
date  of  this  act,  as  a  subordinate  officer  of  the  state  farm  [ake'oa*th° 
shall,  within  fifteen  days  after  said  date,  take  and  subscribe 
the  oaths  specified  in  section  ten  of  said  chapter  one  hun- 
dred and  twenty-five.  Approved  February  12,  1937. 


20 


Acts,  1937. —Chaps.  21,  22. 


G.  L.  (Ter. 
Ed.),  51,  §  61, 
amended. 


Returns  of 
registered 
voters,  etc. 


Chap.  21  ^^  ^^'^  RELATIVE  TO  RETURNS  TO  THE  SECRETARY  OF  THE 
COMMONWEALTH  AND  TO  THE  GENERAL  COURT  OF  THE 
NUMBER  OF  ASSESSED  POLLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  sixty-one  of  chapter  fifty-one  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out,  in  the  third  Hne,  the  words 
"the  number  of  assessed  polls,",  —  so  as  to  read  as  follows: 
—  Section  61.  They  shall  forthwith,  after  the  final  day  for 
registration  before  a  biennial  state  or  regular  city  or  town 
election,  certify  to  the  state  secretary  the  number  of  regis- 
tered voters  in  the  city  or  town,  and  in  each  ward  and  pre- 
cinct therein,  and  the  number  of  persons  entitled  to  vote  for 
a  part  only  of  the  whole  number  of  officers  to  be  chosen  at  a 
state  election  in  such  city  or  town  and  in  each  ward  and 
precinct  therein,  with  the  titles  of  the  officers  for  whom  such 
persons  are  entitled  to  vote. 

In  cities  where  the  city  clerk  is  not  a  member  of  the  board 
of  registrars,  the  registrars  shall  likewise,  after  the  last  day 
for  registration  for  a  city  election,  certify  to  the  city  clerk 
the  number  of  registered  voters  in  the  city,  and  in  each  ward 
and  voting  precinct  therein. 

Section  2.  Section  one  hundred  and  thirtj'^-three  of 
chapter  fifty-four  of  the  Genei-al  Laws,  as  so  appearing,  is 
hereby  amended  by  striking  out,  in  the  second  line,  the 
words  "the  number  of  assessed  polls  and",  —  so  as  to  read 
as  follows:  —  Section  183.  The  state  secretary  shall  before 
Februaiy  first  of  each  year  report  to  the  general  court  the 
number  of  registered  voters  in  each  city  and  town  at  the 
date  of  the  last  preceding  state,  and  city  or  town  election, 
as  the  case  may  be,  and  the  total  number  of  persons  who 
voted  at  each  such  election  in  every  city  and  town,  and  in 
every  voting  precinct  therein,  and,  in  the  year  following  a 
state  election,  the  number  of  votes  received  by  each  candi- 
date for  nomination  and  for  election  for  a  state  office,  and 
for  election  for  a  state  committee,  arranged  by  cities,  towns 
and  districts,  and  a  concise  statement  of  other  matters  relat- 
ing to  elections,  with  such  suggestions  as  he  deems  advisable. 

Approved  February  12,  1937. 


G.  L.  (Ter. 
Ed.),  54,  §  133, 
amended. 


Report  of 
registered 
voters  to  the 
general  court. 


Chart.  22  -^^  ^^t  requiring  the  printing  on  official  ballots  of 
addresses  of  candidates  for  delegates  to  political 
conventions. 


G.  L.  (Ter. 
Ed.),  53,  §  34, 
etc.,  amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  thirty-four  of  chapter  fifty-three  of  the  General 
Laws,  as  amended  by  section  seven  of  chapter  three  hun- 
dred and  ten  of  the  acts  of  nineteen  hundred  and  thirty-two, 
is  herebj^  further  amended  by  striking  out  the  fourth  para- 
graph and  inserting  in  place  thereof  the  following:  — 


Acts,  1937.  —  Chaps.  23,  24.  21 

Against  the  name  of  a  candidate  for  an  elective  office,  for  Acuiresaes  of 
delegate  or  alternate  delegate  to  a  state  or  national  conven-  ria'tM"to''be''"' 
tion,  for  a  ward  or  town  committee,  or  for  a  member  of  a  "[i^'V/"}, 
state  committee,  shall  be  printed  the  street  and  number,  if  °  "^ 
any,  of  his  residence,  Apyroved  February  12,  1937. 


An  Act  BRfNGiNG  into  conformity  with  federal  law  fLr,^    o*^ 

THE  provisions  RELATIVE  TO  MEETINGS  OF  PRESIDENTIAL  ^  * 

ELECTORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  hundred  and  thirty-eight  of  EdV' ^)T%' i38 
chapter  fifty-four  of  the  General  Laws,  as  appearing  in  the  amemied. 
Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  eighth  line,  the  words  "first  Wednesday  in  Januaiy" 
and  inserting  in  place  thereof  the  words :  —  date  fixed  un- 
der federal  law,  —  so  that  the  last  paragraph  will  read  as 
follows:  — 

If  the  whole  number  of  electors  has  not  been  chosen  Prosidontiai 
when  the  electors  meet  on  the  date  fixed  under  federal  law,  f.'.yr*''!;?^  „<„ 
or  if  an  elector  has  died  or  is  then  absent,  the  electors  present 
shall  forthwith  choose  electors  from  the  citizens  of  the  com- 
monwealth to  complete  the  full  number. 

Section  2.    Section  one  hundred  and  forty-eight  of  said  S,^"  iT^'^i.c 
chapter  fifty-four,  as  so  appearing,  is  hereby  amended  by  amended, 
striking  out,  in  the  second  line,  the  words  "first  Wednesday 
in  January"  and  inserting  in  place  thereof  the  words:  — 
date  fixed  by  federal  law,  —  so  as  to  read  as  follows :  — 
Section  14S.     The  persons  chosen  as  presidential  electors  organization 
shall  meet  at  the  state  house  on  the  date  fixed  by  federal  "^ceti^s-  etc. 
law  next  following  their  election  at  three  o'clock  in  the 
afternoon  and  organize  by  the  choice  of  a  presiding  officer 
and  secretary.    The  state  secretary  shall  call  the  meeting  to 
order,  call  the  roll  of  electors,  and  preside  until  a  presiding 
officer  shall  be  chosen.    The  secretary  of  the  electors  shall 
keep  a  journal  of  their  proceedings  and  deposit  the  same  in 
the  office  of  the  state  secretary,  where  it  shall  be  recorded 
and  filed.  A'p'proved  February  12,  1937. 

An  Act  establishing  the  date   for   filing  with   the  rhnr*    94 
secretary   of   the   commonwealth   certain   returns         ^  ' 
relative  to  delegates  to  political  conventions  and 
to  members  of  political  committees  and  relative  to 
other  matters  preliminary  to  party  primaries. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  nine  of  chapter  fifty-two  of  the  Gen-  c.  y,.  (Tor. 
eral  Laws,  as  amended  by  section  three  of  chapter  three  !'i'l^'J?"ij.2;i 

1  111  ci  (••  iiii-  etc.,  amenuea. 

hundred  and  ten  of  the  acts  of  nineteen  hundred  and  thirty- 
two,  is  hereby  further  amended  by  striking  out,  in  the 
eleventh  line,  the  word  "March"  and  inserting  in  place 
thereof  the  word :  —  February,  —  so  as  to  read  as  follows : 


22 


Acts,  1937.  —  Chap.  24. 


State  com- 
mittees, 
number  of 
members  of. 


G.  L.  (Ter. 
Ed.),  53,  §  42, 
etc.,  amended. 


Primaries  to 
be  held  by 
wards,  etc., 
notice  of. 


G.  L.  (Ter. 
Ed.),  53,  §  54, 
etc.,  amended. 


State  con- 
ventions of 
political 
parties. 


—  Section  9.  The  state  committee  shall  fix  the  number  of 
district  delegates  and  the  number  of  district  alternate  dele- 
gates, not  less  than  one  from  each  congressional  district, 
and  the  number  of  delegates  and  alternate  delegates  at  large, 
to  the  national  convention.  City  and  town  committees  shall 
fix  the  number  of  members  of  ward  and  town  committees, 
not  less  than  three  for  each  ward  or  town.  Notice  of  the 
number  of  delegates  and  members  of  committees  to  be 
elected  shall  be  given  by  the  state,  city  or  town  committee, 
as  the  case  may  be,  to  the  state  secretaiy  on  or  before 
February  first.  In  case  a  city  or  town  committee  fails  to 
fix  the  number  of  the  members  of  a  ward  or  town  committee 
and  to  give  notice  thereof  as  aforesaid  to  the  state  secretary, 
the  number  of  members  of  such  a  ward  or  town  committee 
to  be  elected  shall  not  exceed  ten. 

Section  2.  Section  forty-two  of  chapter  fifty-three  of 
the  General  Laws,  as  amended  by  section  ten  of  said  chapter 
three  hundred  and  ten,  is  hereby  further  amended  by  strik- 
ing out,  in  the  fifth  line,  the  word  "March"  and  inserting  in 
place  thereof  the  word :  —  February,  —  so  as  to  read  as  fol- 
lows :  —  Section  1^.2.  In  cities  or  towns  where  the  aldermen 
or  selectmen  determine  the  question  of  holding  primaries 
by  wards,  precincts,  or  groups  of  precincts,  they  shall  give 
notice  of  their  determination  to  the  state  secretary  on  or 
before  February  first;  except  that  in  case  of  primaries  be- 
fore special  elections  they  shall  give  such  notice  at  least 
fourteen  days  before  the  primaries. 

Section  3.  Section  fifty-four  of  said  chapter  fifty- three, 
as  most  recently  amended  by  section  one  of  chapter  eleven 
of  the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby 
further  amended  by  striking  out,  in  the  twenty-sixth  line, 
the  word  "March"  and  inserting  in  place  thereof  the  word: 

—  February,  —  so  as  to  read  as  follows:  —  Section  5J^.  A 
political  party  shall,  upon  the  call  of  its  state  committee, 
but  not  later  than  June  thirtieth,  in  a  year  in  which  a  bi- 
ennial state  election  is  held,  hold  a  state  convention  for  the 
purpose  of  adopting  a  platform,  electing  such  number  of 
members  at  large  of  the  state  committee  as  may  be  fixed  by 
the  convention,  nominating  presidential  electors  and  en- 
dorsing for  nomination  candidates  for  offices  to  be  filled  by 
all  the  voters  of  the  commonwealth,  to  be  voted  for  at  the 
ensuing  state  primary,  and  for  such  other  purposes  consistent 
with  law  as  the  convention  may  determine.  Such  conven- 
tion shall  consist  of  the  delegates  elected  at  the  party  pri- 
mary as  hereinbefore  provided.  The  number  of  delegates 
shall  be  one  from  each  ward  and  town  and  one  additional 
for  every  fifteen  hundred  votes,  or  major  fraction  thereof, 
above  the  first  fifteen  hundred  votes  cast  at  the  preceding 
biennial  state  election  in  such  ward  or  town  for  the  political 
party  candidate  for  governor.  At  the  second  party  primary 
following  the  redivision  of  a  city  into  wards  under  the  pro- 
visions of  section  one  of  chapter  fifty-four  there  shall  be 
elected  one  delegate  from  each  ward  as  established  by  such 


Acts,  1937. —Chap.  25.  23 

redivision  and  such  additional  delegates,  if  any,  from  such 
city  as  would  be  elected  from  the  wards  thereof  if  no  such 
redivision  had  been  made.  The  state  committee  shall  ap- 
portion the  number  of  said  additional  delegates  by  wards 
and  notify  the  state  secretary  of  such  apportionment  on 
or  before  February  first  preceding  said  party  primary.  In 
case  of  a  vacancy  occurring  for  any  reason  except  a  tie  vote 
such  vacancy  shall  not  be  filled.  Nothing  herein  contained 
shall  affect  or  diminish  the  operation  of  the  laws  relating  to 
state  primaries  contained  in  sections  forty-one  to  fifty-three 
A,  inclusive.  Approved  February  12,  1937. 


An   Act   advancing   the   time   for   filing   nomination  Chav.  25 

PAPERS  FOR  certification  IN  CERTAIN  CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seven  of  chapter  fifty-three  of  the  g  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  one  of  ftc'^ 'amended. 
chapter  four  of  the  acts  of  nineteen  hundred  and  thirty-six, 
is  hereby  further  amended  by  striking  out  the  third  sentence 
and  inserting  in  place  thereof  the  following :  —  Every  nomi-  Nomination 
nation  paper  of  a  candidate  for  a  state  office  and,  except  Cfmi^ng. 
where  otherwise  provided  by  law,  of  a  candidate  for  a  city 
or  town  office,  shall  be  submitted,  on  or  before  five  o'clock 
in  the  afternoon  of  the  seventh  day  preceding  the  day  on 
which  it  must  be  filed,  to  the  registrars  of  the  city  or  town 
where  the  signers  appear  to  be  voters. 

Section  2.  Said  chapter  fifty-three  is  hereby  further  q.  l.  (Ter. 
amended  by  striking  out  section  forty-six,  as  most  recently  ^tc.'! 'amended.' 
amended  by  section  two  of  said  chapter  four,  and  inserting 
in  place  thereof  the  following :  —  Section  4^.  Every  nomi-  Certification, 
nation  paper  shall  be  submitted,  on  or  before  five  o'clock 
in  the  afternoon  of  the  seventh  day  preceding  the  day  on 
which  it  must  be  filed,  to  the  registrars  of  the  city  or  town 
in  which  the  signers  appear  to  be  voters,  who  shall  check 
each  name  to  be  certified  by  them  on  the  nomination  paper 
and  shall  forthwith  certify  thereon  the  number  of  signatures 
so  checked  which  are  names  of  voters  both  in  the  city  or 
town  and  in  the  district  for  which  the  nomination  is  made, 
and  who  are  not  enrolled  in  any  other  party  than  that 
whose  nomination  the  candidate  seeks,  and  only  names  so 
checked  shall  be  deemed  to  be  names  of  qualified  voters  for 
the  purposes  of  nomination. 

The  provisions  of  section  seven  relative  to  the  number  of 
names  to  be  certified  and  received,  and  to  names  not  certi- 
fied in  the  first  instance,  shall  apply  to  such  papers.  For 
the  purpose  of  certifying  to  the  names  on  primary  nomina- 
tion papers  the  registrars  shall  hold  meetings  on  the  four 
Tuesdays  next  preceding  the  date  on  which  such  papers  are 
required  to  be  filed  with  the  state  secretary',  except  that  for 
primaries  before  special  elections  the  meetings  shall  be  held 
on  the  two  Tuesdays  next  preceding  such  date. 


24 


Acts,  1937.  —  Chaps.  26,  27. 


No  person  shall  be  a  candidate  for  nomination  for  more 
than  one  office;  but  this  shall  not  apply  to  candidates  for 
membership  in  political  committees  or  delegations  to  the 
state  convention.  Approved  February  12,  1937. 


G.  L.  (Ter. 
Ed.).  53,  §  13, 
etc.,  amended. 


Chap.  26  ^'^  ■^^'^  RELATIVE  TO  LIMITING  THE  TIME  FOR  RECEIVING 
WITHDRAWALS  OF  CANDIDATES  FOR  ELECTIVE  PUBLIC 
OFFICE, 

Be  it  enacted,  etc.,  as  follows: 

Section  thirteen  of  chapter  fifty-three  of  the  General 
Laws,  as  amended  by  section  four  of  chapter  three  hundred 
and  thirteen  of  the  acts  of  nineteen  hundred  and  thirty-three, 
is  hereby  further  amended  by  inserting  after  the  word 
"papers"  in  the  sixth  line,  as  appearing  in  the  Tercentenary 
Edition,  the  words:  —  and  no  such  requests  for  withdrawals 
shall  be  received  after  such  time  has  expired,  —  so  as  to 
read  as  follows:  —  Section  13.  A  person  nominated  as  a 
candidate  for  any  state,  city  or  town  office  may  withdraw 
his  name  from  nomination  by  a  request  signed  and  duly 
acknowledged  by  him,  and  filed  with  the  officer  with  whom 
the  nomination  was  filed,  within  the  time  prescribed  by 
section  eleven  for  filing  objections  to  certificates  of  nomina- 
tion and  nomination  papers  and  no  such  requests  for  with- 
drawals shall  be  received  after  such  time  has  expired.  This 
section  shall  be  in  force  in  any  city  which  accepts  section 
one  hundred  and  three  A  of  chapter  fifty-four,  any  special 
provision  of  law  to  the  contrary  notwithstanding. 

Approved  February  12,  1937. 


Withdrawal 
of  names  of 
candidates. 


Chap.  27  An  Act  relative  to  the  appointment  of  temporary 

ADDITIONAL  ELECTION  OFFICERS  IN  CITIES. 


G.  L.  (Ter. 
Ed.),  54,  §  11, 
etc.,  amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  eleven  of  chapter  fifty-four  of  the  General  Laws, 
as  most  recently  amended  by  section  one  of  chapter  one 
hundred  and  fifty-eight  of  the  acts  of  nineteen  hundred  and 
thirty-four,  is  hereby  further  amended  by  adding  after  the 
word  "following"  in  the  sixteenth  line  the  following  new 
sentence:  —  After  said  September  first,  the  mayor,  with  the 
approval  of  the  aldermen,  may,  from  time  to  time,  appoint 
temporary  additional  inspectors  to  count  and  tabulate  the 
votes,  —  and  by  striking  out,  in  the  seventeenth  line,  the 
words  "Such  appointment"  and  inserting  in  place  thereof 
the  words :  —  Any  appointment  made  under  authority  of 
this  section,  —  so  as  to  read  as  follows:  —  Section  11.  The 
appointment  of.  mayor  of  cvcry  city,  except  where  city  charters  provide 
otherwise  and  except  as  provided  in  section  eleven  A,  shall 
annually  not  earlier  than  June  fifteenth  nor  later  than  Au- 
gust fifteenth  appoint  as  election  officers  for  each  voting 
precinct,  one  warden,  one  deputy  warden,  one  clerk,  one 
deputy  clerk,  four  inspectors  and  four  deputy  inspectors, 


Election  officers 
in  cities 


Acts,  1937.  —  Chaps.  28,  29.  25 

who  shall,  at  the  time  of  their  appointment,  be  enrolled 
voters  in  the  ward  of  which  such  precinct  forms  a  part. 
He  may,  in  hke  manner,  appoint  two  inspectors  and  two 
deputy  inspectors  in  addition,  and  such  additional  inspectors 
to  count  and  tabulate  the  votes  as  he  may  deem  necessary. 
Every  such  appointment  shall  be  filed  in  the  office  of  the 
city  clerk  of  such  city  within  forty-eight  hours  after  it  is 
made,  and  shall  be  acted  on  by  the  aldermen  not  less  than 
three  days  after  the  filing  of  such  appointment  and  on  or 
before  September  first  following.  After  said  September 
first,  the  mayor,  with  the  approval  of  the  aldermen,  may, 
from  time  to  time,  appoint  temporary  additional  inspectors 
to  count  and  tabulate  the  votes.  Any  appointment  made 
under  authority  of  this  section  shall  be  open  to  public 
inspection.  Approved  February  12,  1937. 


An  Act  to  authorize  the  county  treasurer  of  essex  (Jhav.  28 

COUNTY  TO  MAKE  A  CHARGE  AGAINST  AN  APPROPRIATION 
FOR  SAID  COUNTY  FOR  THE  CURRENT  YEAR. 

Be  it  enacted,  etc.,  as  follows: 

The  county  treasurer  of  Essex  county  is  hereby  author- 
ized to  charge  to  the  appropriation  for  criminal  costs  in  the 
superior  court  made  for  said  county  for  the  current  year 
the  sum  of  three  hundred  and  fourteen  dollars  and  sixty-two 
cents,  being  the  difference  between  the  amount  advanced 
on  July  seventeenth,  nineteen  hundred  and  thirty-four,  from 
the  funds  of  said  county  for  expenses  to  be  incurred  in  ac- 
cordance with  the  provisions  of  section  twenty-five  of  chap- 
ter twelve  of  the  General  Laws  and  the  amount  of  approved 
vouchers  and  cash  representing  such  advance  returned  to 
said  county  treasurer  on  October  eighteenth,  nineteen  hun- 
dred and  thirty-four.  Approved  February  12,  1937. 

An  Act  making  further  provisions  relative  to  the  con-  Chav    29 

STRUCTION  AND  LEASING  BY  THE  COMMONWEALTH  OF  A  FISH 
AND  COMMERCIAL  PIER  IN  GLOUCESTER  HARBOR. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  preamble, 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  three  hundred  and 
eleven  of  the  acts  of  nineteen  hundred  and  thirty-one,  as 
amended  by  section  three  of  chapter  three  hundred  and  three 
of  the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby 
further  amended  by  inserting  after  the  word  "forty-nine" 
in  the  seventeenth  line  the  following:  —  Said  lessee  corpora- 
tion, if  not  the  city  of  Gloucester,  shall  be  a  corporation 
organized  for  the  purpose  of  administering  said  pier  and  its 


26  Acts,  1937.  —  Chap.  29. 

facilities  without  profit  and  in  such  manner  that  said  pier  and 
its  facihties  shall  be  available,  to  the  extent  of  their  capacity, 
to  fishermen,  fish  dealers  and  the  fishing  industry  generally, 
subject  to  such  reasonable  regulations  under  the  lease  as  the 
corporation  may  deem  necessary  or  desirable  for  the  purpose, 
and  to  the  right  of  the  corporation  from  time  to  time  to  sub- 
lease or  hcense  the  use  of  portions  of  such  pier  or  its  facili- 
ties, or  structures  on  such  pier,  to  persons  engaged  in  the 
fishing  industry  or  business  incidental  thereto  in  such  manner 
as  will,  in  the  judgment  of  the  corporation,  best  and  most 
equitably  promote  the  purposes  of  this  chapter;    and  the 
members  of  the  corporation  shall  be  the  members  of  the  mu- 
nicipal council,  the  city  treasurer  and  city  auditor  of  the  city 
of  Gloucester  from  time  to  time  in  office.    The  city  of  Glouces- 
ter may  be  the  lessee  of  said  pier  and  buildings,  which  in  such 
case  shall  be  administered  by  the  municipal  council  of  said 
city  or  by  a  commission  appointed  by  it,  —  so  as  to  read  as 
follows :  —  Section  3.     No  work  authorized  by  section  one 
shall  be  done  unless  prior  to  June  first,  nineteen  hundred  and 
thirty-seven,  the  city  of  Gloucester  shall  effect  the  transfer 
to  the  commonwealth  of  property  authorized  to  be  acquired 
by  the  preceding  section,  and  shall  agree  to  lay  out,  construct 
and  maintain  at  its  own  expense  a  pubUc  way,  suitable  for 
heavy  trucking,  and  extending  from  the  site  of  the  proposed 
pier  to  an  existing  public  way  which  is  a  main  artery  of  travel; 
nor  unless  prior  to  said  date  a  corporation  incorporated  under 
the  laws  of  the  commonwealth,  hereinafter  called  the  lessee, 
the  financial  responsibility  of  which  is  satisfactory  to  the 
commissioner  of  corporations  and  taxation,  shall  execute  a 
lease  of  said  pier  together  with  the  buildings  thereon,  for  a 
term  beginning  on  the  date  of  the  completion  by  the  depart- 
ment of  the  work  authorized  by  section  one  and  ending 
September  thirtieth,  nineteen  hundred  and  forty-nine.    Said 
lessee  corporation,  if  not  the  city  of  Gloucester,  shall  be  a 
corporation  organized  for  the  purpose  of  administering  said 
pier  and  its  facihties  without  profit  and  in  such  manner  that 
said  pier  and  its  facilities  shall  be  available,  to  the  extent  of 
their  capacity,  to  fishermen,  fish  dealers  and  the  fishing  in- 
dustry generally,  subject  to  such  reasonable  regulations  under 
the  lease  as  the  corporation  may  deem  necessary  or  desirable 
for  the  purpose,  and  to  the  right  of  the  corporation  from  time 
to  time  to  sublease  or  license  the  use  of  portions  of  such  pier 
or  its  facilities,  or  structures  on  such  pier,  to  persons  engaged 
in  the  fishing  industry  or  business  incidental  thereto  in  such 
manner  as  will,  in  the  judgment  of  the  corporation,  best  and 
most  equitably  promote  the  purposes  of  this  chapter;    and 
the  members  of  the  corporation  shall  be  the  members  of  the 
municipal  council,  the  city  treasurer  and  city  auditor  of  the 
city  of  Gloucester  from  time  to  time  in  office.    The  city  of 
Gloucester  may  be  the  lessee  of  said  pier  and  buildings,  which 
in  such  case  shall  be  administered  by  the  municipal  council 
of  said  city  or  by  a  commission  appointed  by  it.    Said  lease 
shall  provide  that  the  lessee  shall  pay  to  the  commonwealth 


Acts,  1937. —Chaps.  30,  31.  27 

a  rental  not  less  than  twenty  thousand  dollars  a  year,  and 
shall  be  subject  to  such  provisions  and  conditions  as  may  be 
agreed  upon  by  the  department  and  the  lessee. 

Section  2.  Section  one  of  said  chapter  three  hundred  and 
eleven,  as  amended  by  section  one  of  said  chapter  three  hun- 
dred and  three,  is  hereby  further  amended  by  adding  at  the 
end  thereof  the  following  new  sentence :  —  For  the  purpose 
of  carrying  out  the  provisions  of  this  section,  the  department 
may  accept  any  grant  of  federal  funds  and  may  use  the  same 
in  addition  to  the  amount  made  available  therefor  under 
section  five.  Approved  February  15,  1937. 

An  Act  to  authorize  the  placing  of  the  office  of  chief  QJiq'T)    qq 
OF  police  and  the  positions  of  members  of  the  regu- 

LAR  OR  permanent  POLICE  FORCE  OF  THE  TOWN  OF  WEST- 
WOOD    UNDER   THE    CIVIL   SERVICE    LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  police  and  the  positions 
of  members  of  the  regular  or  permanent  police  force  of  the 
town  of  Westwood  shall,  upon  the  effective  date  of  this  act, 
become  subject  to  the  civil  service  laws  and  rules  and  regu- 
lations relating  to  police  officers  in  towns,  and  the  tenure  of 
office  of  any  chief  of  police  or  any  member  of  such  police 
force  shall  be  unlimited,  subject,  however,  to  said  laws,  but 
the  chief  of  police  and  the  members  of  the  regular  or  per- 
manent police  force  of  said  town  on  said  effective  date  may 
continue  to  serve  as  such  without  taking  a  civil  service 
examination. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  voters  of  said  town  at  the  annual  town  meeting  in  the 
current  year  in  the  form  of  the  following  question  which  shall 
be  placed  upon  the  official  ballot  to  be  used  for  the  election 
of  town  officers  at  said  meeting:  "Shall  an  act  passed  by  the 
general  court  in  the  year  nineteen  hundred  and  thirty-seven, 
entitled,  'An  Act  to  authorize  the  placing  of  the  office  of 
chief  of  police  and  the  positions  of  members  of  the  regular  or 
permanent  police  force  of  the  town  of  Westwood  under  the 
civil  service  laws',  be  accepted?"  If  a  majority  of  the  votes 
in  answer  to  said  question  is  in  the  affirmative,  then  this  act 
shall  thereupon  take  effect,  but  not  otherwise. 

Approved  February  15,  1987. 

An  Act  to  authorize  the  placing  of  the  office  of  chief  fhn^    31 

OF   police    of  the   town   of   MEDFIELD    under   the   CIVIL  ^' 

SERVICE   laws. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  police  of  the  town  of 
Medfield  shall,  upon  effective  date  of  this  act,  become  subject 
to  the  civil  service  laws  and  rules  and  regulations  relating  to 
pohce  officers  in  towns,  and  the  tenure  of  office  of  any  incum- 


28  Acts,  1937.  —  Chaps.  32,  33. 

bent  thereof  shall  be  unlimited,  subject,  however,  to  such 
laws;  provided,  that  the  present  incumbent  of  said  office 
may  continue  to  serve  as  such  without  taking  a  civil  service 
examination. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  current  year  in 
the  form  of  the  following  question,  which  shall  be  placed  upon 
the  official  ballot  to  be  used  for  the  election  of  town  officers 
at  said  meeting:  "Shall  an  act  passed  by  the  General  Court 
in  the  year  nineteen  hundred  and  thirty-seven  entitled  'An 
Act  to  authorize  the  placing  of  the  office  of  chief  of  poHce  of 
the  town  of  Medfield  under  the  civil  service  laws',  be  ac- 
cepted?" If  a  majority  of  the  votes  in  answer  to  said  ques- 
tion are  in  the  affirmative,  then  this  act  shall  thereupon  take 
effect,  but  not  otherwise.  Approved  February  16,  1937. 

Chap.  32  An  Act  validating  a  certain  vote  of  the  town  of  dra- 

CUT  PASSED  AT  A  SPECIAL  MEETING  IN  THE  YEAR  NINETEEN 
HUNDRED  AND  THIRTY-SIX  BY  WHICH  IT  REVOKED  ITS  AC- 
CEPTANCE OF  THE  CIVIL  SERVICE  LAW^S  AS  APPLICABLE  TO 
ITS   POLICE   DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  action  of  the  inhabitants  of  the  town  of 
Dracut,  at  a  special  town  meeting  held  November  seven- 
teenth, nineteen  hundred  and  thirty-six,  in  voting  to  revoke 
its  acceptance  of  the  civil  service  laws  as  applicable  to  its 
police  department,  is  hereby  ratified  and  confirmed,  and  shall 
have  the  same  effect  and  validity  as  if  the  voting  on  the  ques- 
tion of  revoking  such  acceptance  had  been  authorized  by 
law,  and  the  civil  service  laws  and  rules  and  regulations  made 
thereunder  shall  no  longer  apply  to  the  police  department  of 
said  town. 

Section  2.     Nothing  contained  in  this  act  shall  prevent 
the  said  town  from  hereafter  accepting  the  provisions  of  chap- 
•    ter  thirty-one  of  the  General  Laws  applicable  to  its  police 
department. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  16,  1937. 

Chap.  33  -An  Act  repealing  certain  provisions  of  law  relative 

TO  THE  USE  OF  PARK  LAND  IN  THE  TOWN  OF  HARWICH  FOR 
SCHOOL  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  eighty-five  of  the  acts  of  nineteen 
hundred  and  thirty-six  is  hereby  repealed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  16,  1937. 


Acts,  1937. —Chaps.  34,  35.  29 


An  Act  authorizing  cities  to  increase  their  appropria-  QJiaj).  34 

TIONS  FOR  RESERVE   FUNDS,   SO   CALLED. 

Whereas,  The  deferred  operation  of  this  act  would  defeat  ^r"STe''^ 
its  purpose,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  five  A  of  chapter  forty  of  the  General  Laws,  in-  g.  l.  (Ter.^ 
serted  by  chapter  forty  of  the  acts  of  nineteen  hundred  and  j!',';!ended.^  ^^' 
thirty-six,  is  hereby  amended  by  inserting  after  the  word 
"one"  in  the  fourth  line  the  words:  —  and  one  half,  —  so 
as  to  read  as  follows :  —  Section  5 A .     To  provide  for  extra-  Reserve  fund 
ordinary  or  unforeseen  expenditures,  a  city  may,  prior  to  the  '"  '''"""*■ 
date  when  the  tax  rate  for  the  year  is  fixed,  appropriate  a 
sum  not  exceeding  one  and  one  half  per  cent  of  the  tax  levy 
for  the  preceding  year  to  be  known  as  a  reserve  fund.    No 
direct  drafts  against  this  fund  shall  be  made,  but  transfers 
from  the  fund  may  from  time  to  time  be  voted  by  the  city 
council  upon  recommendation  of  the  mayor,  and  the  city 
auditor  or  officer  having  similar  duties  shall  make  such  trans- 
fers as  are  so  voted.  Approved  February  16,  1937. 

An  Act  providing  that  the  chairman  of  the  board  of  (jhrijj    35 

SEWER   commissioners   OF   THE   TOWN    OF   MILFORD    SHALL  ^' 

BE  A  TOWN  MEETING  MEMBER  AT  LARGE  IN  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  two  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred  and  thirty-three 
is  hereby  amended  by  inserting  after  the  word  "welfare"  in 
the  fifteenth  line  the  words :  —  ,  the  chairman  of  the  board 
of  sewer  commissioners,  —  so  that  the  first  sentence  will  read 
as  follows :  —  Any  representative  town  meeting  held  under 
the  provisions  of  this  act,  except  as  otherwise  provided  herein, 
shall  be  hmited  to  the  voters  elected  under  section  two,  to- 
gether with  the  following,  designated  as  town  meeting  mem- 
bers at  large ;  namely,  any  member  of  the  general  court  of  the 
commonwealth  from  the  town,  the  moderator,  the  town  clerk, 
the  selectmen,  the  town  treasurer,  the  town  counsel,  the  high- 
way surveyor,  the  chairman  of  the  trustees  of  the  public 
library,  the  chairman  of  the  finance  committee,  the  chairman 
of  the  school  committee,  the  chairman  of  the  board  of  asses- 
sors, the  chairman  of  the  board  of  health,  the  chairman  of  the 
park  commission,  the  chairman  of  the  board  of  town  ceme- 
teries, the  chairman  of  the  registrars  of  voters,  the  tax  col- 
lector, the  chairman  of  the  board  of  public  welfare,  the  chair- 
man of  the  board  of  sewer  commissioners  and  the  town 
accountant. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  town  meeting  members  of  the  town  of  Milford  at  the 


30  Acts,  1937.  —  Chaps.  36,  37. 

next  annual  town  meeting  under  an  article  which  the  select- 
men of  said  town  are  hereby  directed  to  insert  in  the  warrant 
for  such  meeting,  and  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  town  meeting  members  voting 
thereon.  Approved  February  16,  1937. 

Chap.    36  ^^   ^^'^  RELATIVE   TO    EXPENDITURES   BY   COUNTIES   BEFORE 
THE  ENACTMENT  OF  THE  ANNUAL  APPROPRIATION  ACT. 

Be  it  enacted,  etc.,  as  follows: 

Ed  X  35^1 34,  Chapter  thirty-five  of  the  General  Laws  is  hereby  amended 
amended.  '  by  Striking  out  section  thirty-four,  as  appearing  in  the  Ter- 
centenary Edition,  and  inserting  in  place  thereof  the  follow- 
^oS^un-^  ing :  —  Section  34-  After  December  thirty-first  and  before 
appropriated  the  regular  appropriations  have  been  made  by  the  general 
a  ances.  court,  the  couuty  commissioners  and  other  officers  authorized 

to  incur  liabihties  payable  by  the  county  may  incur  liability 
for  general  maintenance  and  operation  of  regular  county 
activities  at  a  rate  of  expenditure  which  does  not  exceed  in 
any  month  the  sum  spent  for  a  similar  purpose  in  any  one 
month  in  the  preceding  year;  provided,  that  said  commis- 
sioners or  officers  may  expend  in  any  one  month  for  any  office 
or  board  created  by  law  an  amount  not  exceeding  one  twelfth 
of  the  estimated  cost  for  said  year  for  said  office  or  board. 
Payments  therefor  may  be  made  from  any  available  funds 
in  the  county  treasury,  to  be  charged  to  the  regular  appro- 
priation when  made.  No  new  or  unusual  expense  shall  be 
incurred,  or  permanent  contract  made,  or  salary  increased, 
until  an  appropriation  sufficient  therefor  has  been  made  by 
the  general  court.  Approved  February  16,  1937. 

Chap.  37  An  Act  authorizing  the  appointment  to  the  perma- 
nent FORCE  OF  THE  FIRE  DEPARTMENT  OP  THE  TOWN  OF 
MILFORD   OF  CERTAIN   CALL  MEN  IN  SAID   DEPARTMENT. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  town  of  Milford,  on  the  recommenda- 
tion of  the  board  of  engineers  of  the  fire  department,  may 
promote  to  membership  on  the  permanent  force,  without 
civil  service  examination  and  without  any  probationary 
period  of  service  required  under  chapter  thirty-one  of  the 
General  Laws  and  the  rules  and  regulations  made  there- 
under, any  person  in  the  call  fire  department  of  said  town 
upon  the  date  when  said  town  accepted  section  forty-eight 
of  chapter  thirty-one  of  the  General  Laws,  or  corresponding 
provisions  of  earlier  law;  provided,  that  every  such  person 
is  certified  to  be  competent  physically  for  the  duty  by  the 
town  physician. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  voters  of  the  town  of  Milford  at  the  annual  town 
meeting  to  be  held  in  the  current  year  by  an  article  which 
the  selectmen  of  said  town  are  hereby  directed  to  insert  in 


Acts,  1937.  —  Chaps.  38,  39.  31 

the  warrant  for  such  meeting,  and  shall  take  effect  in  said 
town  upon  acceptance  by  a  majority  of  the  town  meeting 
members  of  said  town  voting  thereon. 

Approved  February  17,  1937. 

An  Act  relative  to  the  observance  of  memorial  day.  QJiav.  38 

Be  it  enacted,  etc.,  as  follows: 

Clause  eighteenth  of  section  seven  of  chapter  four  of  the  g.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  chapter  one  ftl! 'amended. 
hundred  and  eighty  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  inserting  after  the 
word  "to"  in  the  tenth  line  the  words:  —  May  thirtieth 
and,  —  and  by  inserting  after  the  word  "when"  in  the 
thirteenth  line  the  words:  —  May  thirtieth  or,  —  so  as  to 
read  as  follows:  —  Eighteenth,  "Legal  holiday"  shall  in- "Legal 
elude  January  first,  February  twenty-second,  April  nine-  defined. 
teenth,  May  thirtieth,  July  fourth,  the  first  Monday  of 
September,  October  twelfth,  November  eleventh.  Thanks- 
giving day  and  Christmas  day,  or  the  day  following  when 
any  of  the  five  days  first  mentioned,  October  twelfth,  Novem- 
ber eleventh,  or  Christmas  day  occurs  on  Sunday;  and  the 
public  offices  shall  be  closed  on  all  of  said  days;  and  all  laws, 
statutes,  orders,  decrees,  rules  and  regulations  regulating  the 
observance  of  the  Lord's  day  shall  be  applicable  to  May 
thirtieth  and  November  eleventh  between  the  hours  of  seven 
o'clock  ante  meridian  and  one  o'clock  post  meridian,  or 
during  the  same  hours  on  the  day  following  when  May 
thirtieth  or  November  eleventh  occurs  on  Sunday;  and  all 
laws,  statutes,  orders,  decrees,  rules  and  regulations  regu- 
lating the  keeping  open  of  retail  stores  on  the  Lord's  day 
shall  be  apphcable  to  the  keeping  open  of  retail  stores  on 
October  twelfth  between  the  hours  of  seven  o'clock  ante 
meridian  and  one  o'clock  post  meridian,  or  during  the  same 
hours  on  the  day  following  when  October  twelfth  occurs  on 
Sunday.  "Legal  holiday"  shall  also  include,  with  respect 
to  Suffolk  county  only,  June  seventeenth,  or  the  day  fol- 
lowing when  June  seventeenth  occurs  on  Sunday,  and  the 
pubhc  offices  in  said  county  shall  be  closed  on  said  day. 

Approved  February  19,  1937. 

An  Act  relative  to  contributions  by  the  county  of  Qhav    39 

BARNSTABLE  TO  THE  COST  OF  CONSTRUCTING  SEA  WALLS 
OR  OTHER  WORKS  TO  BE  BUILT  BY  THE  DEPARTMENT  OF 
PUBLIC    WORKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  two  hundred  and  seventy-five  of  the 
acts  of  nineteen  hundred  and  thirty-three,  as  amended  by 
chapter  thirty-six  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  is  hereby  further  amended  by  striking  out,  in  the  fifth 
to  the  seventh  lines,  inclusive,  the  words  ",  nineteen  hundred 


32  Acts,  1937.  —  Chap.  40. 

and  thirty-four,  nineteen  hundred  and  thirty-five,  nineteen 
hundred  and  thirty-six  and  nineteen  hundred  and  thirty- 
seven"  and  inserting  in  place  thereof  the  words:  —  to  nine- 
teen hundred  and  forty,  inclusive,  —  and  by  striking  out, 
in  the  sixteenth  line,  the  word  "thirty-four"  and  inserting 
in  place  thereof  the  word:  —  sixty-eight,  —  so  as  to  read  as 
follows :  —  Section  1 .  The  county  of  Barnstable  is  hereby 
authorized  to  contribute  to  the  cost  of  constructing  sea  walls 
or  other  works  to  be  built  by  the  department  of  public  works 
during  the  years  nineteen  hundred  and  thirty-three  to  nine- 
teen hundred  and  forty,  inclusive,  under  the  provisions  of 
section  eleven  of  chapter  ninety-one  of  the  General  Laws  for 
the  protection  of  the  shores  of  the  towns  in  said  county  from 
erosion  by  the  sea,  and  the  treasurer  of  said  county,  with  the 
approval  of  the  county  commissioners,  may  pay  the  county's 
proportion  of  such  cost  from  the  highway  appropriation  or, 
for  the  purpose  of  so  contributing,  may  borrow  from  time  to 
time  on  the  credit  of  the  county  such  sums  as  may  be  neces- 
sary, not  exceeding,  in  the  aggregate,  sixty-eight  thousand 
dollars,  and  may  issue  bonds  or  notes  of  the  county  therefor, 
which  shall  bear  on  their  face  the  words,  Barnstable  County 
Shore  Protection  Loan,  Act  of  1933.  Each  authorized  issue 
shall  constitute  a  separate  loan,  and  such  loans  shall  be  pay- 
able in  not  more  than  five  years  from  their  dates.  Such  bonds 
or  notes  shall  be  signed  by  the  treasurer  of  the  county  and 
countersigned  by  a  majority  of  the  county  commissioners. 
The  county  may  sell  such  securities  at  public  or  private  sale 
upon  such  terms  and  conditions  as  the  county  commissioners 
may  deem  proper,  but  not  for  less  than  their  par  value.  In- 
debtedness incurred  under  this  act  shall,  except  as  herein  pro- 
vided, be  subject  to  chapter  thirty-five  of  the  General  Laws. 

Approved  February  19,  1937. 


Chap.  40  An  Act  requieing  the  periodic  replacement  of  meters 

FOR    MEASURING    GAS    BY    MUNICIPAL    LIGHTING    PLANTS. 

Be  it  enacted,  etc.,  as  follows: 

Bdn'  il^'  Section  L     Section  one  hundred  and  fifteen  A  of  chapter 

§  lisA,  etc..  one  hundred  and  sixty-four  of  the  General  Laws,  inserted  by 
amended.  gectiou  ouc  of  chapter  two  hundred  and  fifty-nine  of  the  acts 
of  nineteen  hundred  and  thirty-six,  is  hereby  amended  by 
inserting  after  the  word  "company"  in  the  second  and  fourth 
lines,  in  each  instance,  the  words:  —  or  municipal  lighting 
Replacement  plant,  —  SO  as  to  read  as  follows:  —  Section  115A.  Each 
meter  for  measuring  gas  provided  by  a  gas  company  or  munic- 
ipal lighting  plant  to  a  consumer  shall,  not  later  than  seven 
years  from  the  date  of  installation  or  replacement,  be  re- 
moved by  the  company  or  municipal  lighting  plant  from  the 
premises  of  the  consumer  and  replaced  by  it  with  such  a  meter 
which  has  been  newly  tested,  sealed  and  stamped  in  accord- 
ance with  law. 


of  gas  meters. 


Acts,  1937. —Chaps.  41,  42.  33 

Section  2.  A  municipal  lighting  plant  shall  be  deemed  to  Temporary 
be  complying  with  the  provisions  of  this  act  with  respect  to  p''°^'s'°"3- 
meters  used  for  measuring  gas  provided  by  it  prior  to  the 
effective  date  hereof  if,  beginning  in  the  year  nineteen  hun- 
dred and  thirty-eight,  it  shall  annually  remove  from  the 
premises  of  its  consumers  at  least  fifteen  per  cent  of  the  total 
number  of  such  meters  in  use  on  such  effective  date  and  re- 
place them  with  such  meters  which  have  been  newly  tested, 
sealed  and  stamped  in  accordance  with  law. 

Section  3.     This  act  shall  take  effect  on  January  first,  Effpctive 
nineteen  hundred  and  thirty-eight.  ^^'^' 

Approved  February  19,  1937. 


An  Act  relative  to  the  disposition  of  income  received  (Jfiap.  41 

AT  county  agricultural  SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty  of  chapter  seventy-four  of  the   General  Edwllao, 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended, 
amended  by  striking  out  all  after  the  word  "treasurer"  in 
the  last  line,  —  so  as  to  read  as  follows :  —  Section  SO.    Mis-  ^'fr^^ii"?" 
cellaneous  income  of  the  Bristol  county  agricultural  school, 
the  Essex  county  agricultural  school  and  the  Norfolk  county 
agricultural   school,   including  the   tuition   of  non-resident 
pupils  and  receipts  from  the  sale  of  products  and  work  of 
pupils,  shall  be  paid  to  the  county  treasurer. 

Approved  February  19,  1937. 


of  income. 


An  Act  to  enable  the  Middlesex  county  commissioners  (JJidy    42 
to  acquire  additional  land  for  the  purposes  of  the  ^  ' 

district  court  of  low^ell  at  lowell  in  said  county. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  Middlesex 
county  are  hereby  authorized  to  acquire  by  purchase,  or  by 
eminent  domain  under  chapter  seventy-nine  of  the  General 
Laws,  additional  land  adjacent  to  the  lands  owned  by  the 
said  county  and  used  for  the  district  court  of  Lowell  in  the 
city  of  Lowell  in  said  county,  and,  for  said  purpose,  may 
expend  out  of  any  appropriation  for  county  buildings  a  sum 
not  exceeding  fifteen  thousand  dollars. 

Section  2.  This  act  shall  take  effect  upon  its  accept- 
ance during  the  current  year  by  the  county  commissioners 
of  said  county,  but  not  otherwise. 

Approved  February  19,  1937. 


34 


Acts,  1937.  —  Chaps.  43,  44. 


Chap.  43  An  Act  making  a  corrective  change  with  respect  to 

THE  PENALTY  IMPOSED  FOR  VIOLATION  OF  CERTAIN  PRO- 
VISIONS OF  LAW  RELATIVE  TO  THE  REDEMPTION  OF  LAND 
TAKEN    OR  SOLD  FOR  TAXES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  sixty  of  the  General  Laws  is  hereby  amended  by 
striking  out  section  one  hundred  and  four,  as  appearing  in 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following:  —  Section  104-  Violation  by  any  person  of  the 
last  sentence  of  the  second  paragraph  of  section  sixty-two 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars.  Approved  February  19,  1937. 


G.  L.  (Ter. 
Ed.),  SO,  §  104, 
amended. 


Penalty. 


G.  L.  (Ter. 
Ed.),»261,i§  4, 
amended. 


Costs  in 
superior  court. 


Chap.  44  An  Act  relative  to  costs  in  certain  actions  of  tort 

ARISING  OUT  OF  THE  OPERATION  OF  A  MOTOR  VEHICLE, 
WHERE  THE  PLAINTIFF  DOES  NOT  RECOVER  FINAL  JUDG- 
MENT FOR  MORE  THAN  ONE  HUNDRED  DOLLARS  AS  DAM- 
AGES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  four  of  chapter  two  hundred  and 
sixty-one  of  the  General  Laws,  as  appearing  in  the  Tercen- 
tenary Edition,  is  hereby  amended  by  inserting  after  the 
word  "court"  in  the  third  line  the  words: — ,  or  in  an 
action  of  tort  arising  out  of  the  operation  of  a  motor  vehicle 
which  has  been  removed  by  the  plaintiff  to  the  superior 
court  under  section  one  hundred  and  two  A  of  chapter  two 
hundred  and  thirty-one,  —  so  as  to  read  as  follows:  —  Sec- 
tion 4-  If,  in  a  personal  action,  except  an  action  of  replevin 
or  an  action  under  section  fifteen  of  chapter  two  hundred 
and  fifty-three,  which  is  commenced  in  the  superior  court, 
or  in  an  action  of  tort  arising  out  of  the  operation  of  a 
motor  vehicle  which  has  been  removed  by  the  plaintiff  to 
the  superior  court  under  section  one  hundred  and  two  A  of 
chapter  two  hundred  and  thirty-one,  the  plaintiff  does  not 
recover  final  judgment  for  more  than  one  hundred  dollars 
as  damages,  he  shall  recover  no  costs,  unless  the  right  to  an 
easement  or  the  title  to  land  is  drawn  in  question  and  the 
justice  before  whom  the  action  is  tried  so  certifies,  or  unless 
the  plaintiff's  claim,  as  established  on  the  trial,  exceeds  one 
hundred  dollars  and  is  reduced  to  that  amount  or  less  by 
set-offs  which  could  not  have  been  proved  in  payment. 

Section  2.  This  act  shall  take  effect  on  September  first 
of  the  current  year  and  shall  apply  only  in  case  of  actions 
commenced  thereafter.  Approved  February  19,  1937. 


Effective 
date. 


Acts,  1937.  —  Chaps.  45,  46.  35 


An  Act  relative  to  the  time  for  filing  certain  accept-  Chap.  45 

ANCES  AND  CERTIFICATES  OF  NOMINATION. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Section  three  of  chapter  fifty-three  of  the  g.  l.  (Ter. 
General  Laws,  as  amended  by  section  one  of  chapter  one  ^tc!'amended. 
hundred  and  sixteen  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  striking  out,  in  the 
sixth  and  seventh  lines,  the  words  "before  the  last  hour  for 
filing  certificates  of  nomination  for  such  office",  and  insert- 
ing in  place  thereof  the  words :  —  within  six  days  succeed- 
ing five  o'clock  in  the  afternoon  of  the  day  of  holding  the 
primaries,  —  so  as  to  read  as  follows:  —  Section  3.    A  per-  Acceptance  of 
son  whose  name  is  not  printed  on  a  state,  city  or  town  ^InAidltT^^ 
primary  ballot  as  a  candidate  for  an  office  but  who  receives  ^a°n®o"'*'^inted 
sufficient  votes  to  nominate  him  therefor,  shall  file  a  writ-  on  primary 
ten  acceptance  of  the  nomination  in  the  office  of  the  state  *'''"°*'- 
secretary  or  the  city  or  town  clerk,  as  the  case  may  be, 
within  six  days  succeeding  five  o'clock  in  the  afternoon  of 
the  day  of  holding  the  primaries,  otherwise  his  name  shall 
not  be  printed  on  the  ballot  as  a  candidate  for  that  office  at 
the  ensuing  election. 

Section  2.     Section   ten  of  said  chapter  fifty-three,  as  q.  l.  (Xer. 
most  recently  amended  by  chapter  one  hundred  and  eleven  efc!! 'amended. 
of  the  acts  of  nineteen  hundred  and  thirty-four,  is  hereby 
further  amended  by  striking  out  the  first  paragraph  and 
inserting  in  place  thereof  the  following:  —  All  certificates  of  Time  of  filing 
nomination  and  nomination  papers  of  candidates  for  offices  noniimftionr 
to  be  filled  at  a  state  election  shall  be  filed  on  or  before  the  ®*'^- 
twelfth  Tuesday  preceding  the  day  of  the  election;    but  if 
there  is  a  special  election  to  fill  any  state  office,  all  certifi- 
cates of  nomination  and  nomination  papers  shall  be  filed 
on  or  before  the  fourth  Tuesday  preceding  the  day  of  such 
election.  Approved  February  19,  1937. 


An  Act  authorizing  the  sale  by  county  commissioners  (Jhav    46 

OF    CERTAIN    COUNTIES    OF    COPIES    OF    A    COMPILATION    OF 
county   laws   and    COURT   DECISIONS   RELATIVE   THERETO. 

Be  it  enacted,  etc.,  as  follows: 

The  county  commissioners  of  the  several  counties,  ex- 
cept Suffolk  and  Nantucket,  are  hereby  authorized  to  sell 
copies  of  a  compilation  of  laws  and  court  decisions  relating 
to  county  laws  now  being  printed  in  book  form  for  said 
counties.  Such  books  shall  be  sold  at  a  price,  substantially 
equal  to  the  cost  thereof,  to  be  fixed  by  the  director  of 
accounts,  and  all  receipts  from  such  sales  in  any  county 
shall  be  paid  into  the  treasury  thereof. 

Approved  February  19,  1937, 


36  Acts,  1937.  —  Chaps.  47,  48,  49. 


Chap.  47  An  Act  designating  the  new  bridge  over  the  mystic 

RIVER,  BETWEEN  THE  CITIES  OF  SOMERVILLE  AND  MED- 
FORD,    AS   THE   WELLINGTON   MEMORIAL   BRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

The  new  bridge  constructed  by  the  metropohtan  district 
commission  over  the  Mystic  river,  between  the  cities  of 
Somerville  and  Medford,  shall  be  designated  and  known  as 
the  WelHngton  Memorial  Bridge,  and  a  suitable  tablet  or 
marker,  bearing  said  designation  shall  be  attached  to  said 
bridge  by  the  commission.      Approved  February  19,  1937. 

Chap.  48  An  Act  to  authorize  the  placing  of  the  office  of 

CHIEF  OF  police  AND  THE  POSITIONS  OF  MEMBERS  OF  THE 
REGULAR  OR  PERMANENT  POLICE  FORCE  OF  THE  TOWN  OF 
CHELMSFORD   UNDER   THE    CIVIL   SERVICE   LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  police  and  the  positions 
of  members  of  the  regular  or  permanent  police  force  of  the 
town  of  Chelmsford  shall,  upon  the  effective  date  of  this 
act,  become  subject  to  the  civil  service  laws  and  rules  and 
regulations  relating  to  police  officers  in  towns,  and  the 
tenure  of  office  of  any  chief  of  police  or  member  of  such 
police  force  of  said  town  shall  be  unlimited,  subject,  how- 
ever, to  said  laws,  but  the  chief  of  police  and  the  members 
of  the  regular  or  permanent  police  force  of  said  town  on 
said  effective  date  may  continue  to  serve  as  such  without 
taking  a  civil  service  examination. 

Section  2.  This  act  shall  be  submitted  for  acceptance  to 
the  voters  of  said  town  at  the  annual  town  meeting  in  the 
current  year  in  the  form  of  the  following  question  which 
shall  be  placed  upon  the  official  ballot  to  be  used  for  the 
election  of  town  officers  at  said  meeting:  "Shall  an  act 
passed  by  the  general  court  in  the  year  nineteen  hundred 
and  thirty-seven,  entitled,  'An  Act  to  authorize  the  placing 
of  the  office  of  chief  of  police  and  the  positions  of  members 
of  the  regular  or  permanent  police  force  of  the  town  of 
Chelmsford  under  the  civil  service  laws',  be  accepted?"  If 
a  majority  of  the  votes  in  answer  to  said  question  is  in  the 
affirmative,  then  this  act  shall  thereupon  take  effect,  but 
not  otherwise.  Approved  February  20,  1937. 


Chap.   49  An  Act  for  the  further  protection  of  the  fisheries 

in   the   vicinity    of   NANTUCKET. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  eighty-four  of  the 
acts  of  eighteen  hundred  and  seventy  is  hereby  amended  by 
striking  out  section  one  and  inserting  in  place  thereof  the 
following:  —  Section  1.    It  shall  not  be  lawful  for  any  per- 


Acts,  1937.  —  Chap.  49.  37 

son  or  persons  to  take  any  fish  with  any  kind  of  net,  or  to 
set  any  net  for  the  purpose  of  taking  any  fish  therewith, 
within  the  coastal  waters,  as  defined  by  section  one  of  chap- 
ter one  hundred  and  twenty-nine  A  of  the  General  Laws, 
inserted  by  section  one  of  chapter  three  hundred  and  twenty- 
nine  of  the  acts  of  nineteen  hundred  and  thirty-three,  which 
are  adjacent  to  Nantucket,  Tuckernuck,  Smith's,  Muskegat 
and  Gravel  islands,  without  first  obtaining  permission  of  the 
selectmen  of  Nantucket. 

Section  2.  Said  chapter  two  hundred  and  eighty-four  is 
hereby  further  amended  by  striking  out  section  two  and  in- 
serting in  place  thereof  the  following: —  Section  2.  Every 
person  violating  any  provision  of  this  act,  or  of  any  order, 
by-law,  rule  or  regulation  made  under  authority  thereof, 
shall  forfeit  and  pay  for  each  offence  a  sum  not  less  than 
fifty  nor  more  than  five  hundred  dollars. 

Section  3,  Said  chapter  two  hundred  and  eighty-four  is 
hereby  further  amended  by  striking  out  section  three  and 
inserting  in  place  thereof  the  four  following  new  sections :  — 
Section  3.  The  town  of  Nantucket  is  hereby  authorized  at 
any  annual  town  meeting  to  adopt  orders  and  by-laws,  not 
repugnant  to  law,  regulating  and  governing  fisheries  under 
this  act,  and  the  selectmen  of  said  town  may  make  rules  and 
regulations,  not  repugnant  to  law  or  contrary  to  such  orders 
and  by-laws,  if  any,  regulating  and  governing  such  fisheries. 

Section  3A.  The  selectmen  of  the  town  of  Nantucket  shall 
annually,  on  or  before  March  fifteenth,  submit  to  the  state 
supervisor  of  marine  fisheries  a  list  of  one  or  more  persons 
to  serve  as  fish  wardens  under  this  act,  and  said  supervisor 
shall,  not  later  than  April  first  follov/ing,  appoint  as  fish 
wardens  such  of  the  persons  named  on  said  list  as  in  his 
opinion  are  qualified  to  act  as  such,  who  shall  be  sworn  by 
him  to  the  faithful  discharge  of  their  duty  and  whose  duty 
it  shall  be  to  prosecute  for  every  violation  of  any  provision 
of  this  act  or  of  any  order,  by-law,  rule  or  regulation  made 
under  authority  thereof. 

Section  SB.  Said  supervisor  may  remove  any  fish  warden 
appointed  hereunder  who  refuses  or  neglects  to  be  so  sworn 
or  who,  in  his  opinion,  fails  or  refuses  properly  to  perform 
the  duties  of  his  office;  and  thereupon  said  supervisor  may 
appoint  another  warden  or  wardens  from  the  same  or  any 
further  list  of  names  submitted  by  the  selectmen  of  said 
town  as  provided  in  the  preceding  section;  such  warden  or 
wardens  to  serve  for  the  residue  of  the  term  of  the  warden 
or  wardens  so  removed. 

Section  SC.  Fish  wardens  appointed  under  this  act,  in- 
cluding one  to  be  designated  chief  fish  warden  in  case  more 
than  one  fish  warden  is  so  appointed,  shall  receive  from  the 
town  such  salaries  and  be  authorized  to  expend  for  expenses 
such  sums  as  the  town  may  annually  appropriate  therefor. 

Section  4.  Said  chapter  two  hundred  and  eighty-four  is 
hereby  further  amended  by  striking  out  section  four  and  in- 
serting in  place  thereof  the  following:  —  Section  4-     Any 


S8  Acts,  1937. —Chap.  50. 

boat  or  vessel  used,  and  any  fish  taken  or  held,  in  violation 
of  any  provision  of  this  act  or  of  any  order,  by-law,  rule  or 
regulation  made  under  authority  thereof  may  be  seized  by 
any  fish  warden  appointed  under  this  act  or  any  person  author- 
ized by  section  eleven  of  said  chapter  one  hundred  and 
twenty-nine  A  of  the  General  Laws,  inserted  by  section  one 
of  said  chapter  three  hundred  and  twenty-nine  of  the  acts 
of  nineteen  hundred  and  thirty-three,  to  seize  property 
therein  referred  to,  and  shall  be  forfeited.  The  possession, 
control  or  tending  of  a  net  which  is  in  contact  with  the 
waters  subject  to  this  act  shall  be  prima  facie  evidence  of  a 
violation  thereof. 

Section  5.  Said  chapter  two  hundred  and  eighty-four  is 
hereby  further  amended  by  striking  out  section  five  and 
inserting  in  place  thereof  the  following :  —  Sediori  5.  All 
fines,  penalties  and  forfeitures  recovered  and  received  by 
virtue  of  this  act  shall  go  to,  and  for  the  use  of,  said  town 
of  Nantucket. 

Section  6.  Said  town  may,  at  its  annual  town  meeting 
in  the  current  year,  by  vote  under  articles  in  the  warrant 
for  said  meeting,  take  action  under  the  provisions  of  this 
act,  and  such  action  shall  be  fully  effective  notwithstanding 
that  the  warrant  for  said  meeting  was  served  prior  to  the 
passage  thereof. 

Section  7,    This  act  shall  take  effect  upon  its  passage. 

Approved  February  23,  1937. 


Chap.  50  An  Act  authorizing  the  county  of  Middlesex  to  pro- 
vide ADDITIONAL  ACCOMMODATIONS  FOR  THE  FIRST  DIS- 
TRICT COURT  OF  EASTERN  MIDDLESEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  providing  adequate  accom- 
modations at  the  county  court  house  in  the  city  of  Maiden, 
the  county  commissioners  of  the  county  of  Middlesex  may 
make  additions  to  and  alterations  in  such  court  house,  and 
may  furnish  and  equip  said  court  house  as  so  enlarged  or 
altered. 

Section  2.  For  the  purpose  of  meeting  the  expenses 
authorized  under  section  one,  the  county  treasurer  of  said 
county,  with  the  approval  of  the  county  commissioners,  may 
borrow  from  time  to  time  upon  the  credit  of  the  county  such 
sums  as  may  be  necessary,  but  not  exceeding,  in  the  aggre- 
gate, eighty-five  thousand  dollars,  and  may  issue  temporaiy 
notes  of  the  county  therefor,  payable  in  not  more  than  one 
year  from  their  date  or  dates  of  issue. 

Section  3.  Upon  completion  of  the  project  herein  au- 
thorized, the  county  treasurer  shall,  with  the  approval  of  the 
county  commissioners,  issue  bonds  or  notes  of  the  county,  in 
a  total  amount  not  to  exceed  eighty-five  thousand  dollars, 
which  shall  bear  on  their  face  the  words,  Middlesex  County 
Court  House  Loan,  Act  of  1937;   and  such  bonds  or  notes 


Acts,  1937. —Chaps.  51,  52.  39 

shall  be  payable  in  not  more  than  five  years  from  their  dates 
of  issue.  Such  bonds  or  notes  shall  be  signed  by  the  treas- 
urer of  said  county  and  countersigned  by  a  majority  of  the 
county  commissioners.  The  county  may  sell  the  said  secu- 
rities at  public  or  private  sale  upon  such  terms  and  conditions 
as  the  county  commissioners  may  deem  proper,  but  not  for 
less  than  their  par  value.  Receipts  from  the  sale  of  such 
bonds  or  notes  shall  be  applied  to  the  payment  of  costs  of 
construction  and  to  the  payment  of  any  temporary  loans 
authorized  under  section  two,  or  to  either  of  such  purposes. 
Indebtedness  incurred  under  this  act  shall,  except  as  herein 
provided,  be  subject  to  chapter  thirty-five  of  the  General 
Laws. 

Section  4.  This  act  shall  take  effect  upon  its  acceptance, 
during  the  current  year,  by  the  county  commissioners  of  said 
county.  Approved  Fehruanj  25,  1937. 


An  Act  authorizing  the  town  of  dedham  to  use  stone  nfiQr)    51 

PARK,    so   CALLED,    FOR   PLAYGROUND  AND   ATHLETIC   FIELD 
PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

The  town  of  Dedham  is  hereby  authorized  to  use  for  the 
purposes  of  a  public  playground,  under  the  provisions  of 
section  fourteen  of  chapter  forty-five  of  the  General  Laws, 
Stone  Park,  so  called,  located  in  said  town.  The  selectmen 
of  said  town,  acting  as  park  commissioners,  may  set  apart 
and  enclose  for  use  as  an  athletic  field  such  portion  of  said 
park  as  they  may  designate,  and,  subject  to  such  terms  and 
conditions  as  they  may  impose,  may  allow  such  field  to  be 
used  for  athletic  games  and  other  entertainments  of  a  pub- 
lic nature,  to  which  an  admission  fee  may  be  charged. 

Approved  February  25,  1937. 


An  Act  relative  to  the  calling  of  special  meetings  of  (JJidr)    52 
stockholders  of  business  corporations. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty  of  chapter  one  hundred  and  fifty-six  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is  amende^d.'  *  ^°' 
hereby  amended  by  striking  out,  in  the  fourth  line,  the  word 
"three"  and  inserting  in  place  thereof  the  word:  —  one, — 
so  as  to  read  as  follows :  —  Section  30.    Special  meetings  of  Corporations, 
the  stockholders  may  be  called  by  the  president  or  by  a  mg'(if  stock-' 
majority  of  the  directors,  and  shall  be  called  by  the  clerk,  ^°'^«''«- 
or  in  case  of  the  death,  absence,  incapacity  or  refusal  of  the 
clerk,  by  any  other  officer,  upon  written  application  of  one 
or  more  stockholders  who  are  entitled  to  vote  and  who  hold 
at  least  one  tenth  part  in  interest  of  the  capital  stock  entitled 
to  vote  at  the  meeting,  stating  the  time,  place  and  purpose 
of  the  meeting.  Approved  February  25,  1937. 


40 


Acts,  1937.  —  Chaps.  53,  54. 


G.  L.  (Ter. 
Ed.),  94,  §  8, 
amended. 


Labelling 
of  bread. 


Chap.  53  An  Act  relative  to  the  labelling  op  bread  wrapped  in 

CELLOPHANE   OR   SIMILAR  TRANSPARENT  WRAPPERS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety-four  of  the  General  Laws  is  hereby- 
amended  by  striking  out  section  eight,  as  appearing  in 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  new  section:  —  Section  8.  Unit  weights,  as  defined 
in  the  preceding  section,  shall  not  apply  to  rolls  or  to  fancy 
bread  weighing  less  than  four  ounces,  nor  to  loaves  bearing 
in  plain  position  a  plain  statement  of  the  weight  of  the  loaf 
and  the  name  and  business  address  of  the  manufacturer 
thereof.  Such  information  shall  be  stated  in  case  of  wrapped 
bread,  upon  the  wrapper  of  each  loaf;  provided  that,  when 
cellophane  or  similar  transparent  wrappers  are  employed, 
the  director  of  standards  may  authorize  the  placing  of  a 
statement  of  such  information  between  such  transparent 
wrapper  and  the  top  of  the  loaf  in  such  manner  that  such 
statement  may  be  easily  read  through  the  wrapper.  In  the 
case  of  unwrapped  bread  such  information  shall  be  stated 
upon  a  printed  label  not  larger  than  one  by  one  and  three 
quarters  inches  nor  smaller  than  one  by  one  and  one  half 
inches.  No  label,  attached  to  an  unwrapped  loaf,  shall  be 
larger  than  provided  herein,  nor  shall  any  such  label  be 
affixed  in  any  manner  or  with  any  gum  or  paste  which  is 
unsanitary  or  unwholesome.  When  an  inspection  of  bread 
is  made  at  any  bakery  by  the  director  or  any  inspector  of 
standards  or  sealer  of  weights  and  measures,  the  manu- 
facturer of  such  bread,  or  his  servants  or  agents,  shall,  upon 
request  of  the  official  making  such  inspection,  inform  him 
whether  such  bread  is  manufactured  for  sale  in  any  of  the 
standard  unit  weights  prescribed  by  the  preceding  section 
and,  if  not  so  manufactured  for  sale  in  such  standard  unit 
weights,  shall  furnish  such  official  with  samples  of  the  labels 
or  wrappers  intended  to  be  used  on  all  such  loaves  of 
other  than  standard  unit  weights. 

Approved  February  25,  1937. 


Chap.  54  An  Act  authorizing  the  town  of  hull  to  appropriate 

MONEY  TO  PROVIDE  FACILITIES  FOR  HOLDING  IN  SAID  TOWN 
the  state  CONVENTION  OP  THE  VETERANS  OF  FOREIGN 
WARS    OF   THE   UNITED    STATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Hull  may  appropriate  a  sum  not 
exceeding  two  thousand  dollars,  for  the  purpose  of  providing 
proper  facihties  for  pubhc  entertainment  at  the  time  of  the 
state  convention  of  the  Veterans  of  Foreign  Wars  of  the 
United  States,  to  be  held  in  said  town  during  the  current 
year,  and  of  paying  expenses  incidental  to  such  entertain- 


Acts,  1937.  —  Chaps.  55,  56.  41 

ment.     Money  so  appropriated  shall  be  expended  under  the 
direction  of  the  selectmen  of  said  town. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  26,  1937. 

An  Act  authorizing  the  town  of  essex  to  vote  at  its  nhnjy    55 
current  annual  town  meeting  on  the  question  of  ^' 

granting  licenses  for  the  retail  sale  in  said  town 
of  wines  and  malt  beverages. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  clerk  of  the  town  of  Essex  shall 
place  upon  the  official  ballot  to  be  used  for  the  election  of 
town  officers  at  its  annual  town  meeting  in  the  current  year 
the  second  question  set  forth  in  section  eleven  of  chapter  one 
hundred  and  tliirty-eight  of  the  General  Laws,  as  amended 
by  section  one  of  chapter  two  hundred  and  seven  of  the  acts 
of  nineteen  hundred  and  thirty-six.  The  selectmen  of  said 
town  are  hereby  authorized  and  directed  to  warn  the  inhabit- 
ants of  said  town  relative  to  the  aforesaid  question  by  serv- 
ing as  early  as  possible  before  such  meeting  a  supplementary 
warrant  containing  an  appropriate  article  relative  thereto. 
If  a  majority  of  the  votes  cast  in  said  town  in  answer  to  said 
question  is  in  the  affirmative,  such  town  shall  be  taken  to 
have  authorized  for  the  remainder  of  the  calendar  year  nine- 
teen hundred  and  thirty-seven  and  for  the  calendar  year 
nineteen  hundred  and  thirty-eight,  the  retail  sale  therein  of 
wines  and  malt  beverages  only,  to  be  drunk  on  and  off  the 
premises  where  sold,  in  accordance  with  the  provisions  of 
said  chapter  one  hundred  and  thirty-eight.  The  provisions 
of  the  General  Laws  relative  to  the  ascertainment  of  the  re- 
sult of  the  votes  at  state  elections  and  returns  thereof  shall, 
so  far  as  practicable,  apply  to  the  vote  taken  hereunder. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  26,  1937. 

An  Act  further  modifying  the  requirements  for  mak-  Qfidj)    56 

ING  certain  railroad  BONDS  LEGAL  INVESTMENTS  FOR 
SAVINGS  BANKS,  INSTITUTIONS  FOR  SAVINGS  AND  TRUST 
COMPANIES  IN  THEIR  SAVINGS  DEPARTMENTS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  p'"'^^'"^''' 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  I.  Section  two  of  chapter  eighty-four  of  the  acts 
of  nineteen  hundred  and  thirty-six  is  hereby  repealed. 

Section  2.  Wherever  in  clauses  third  and  sixteenth  of 
section  fifty-four  of  chapter  one  hundred  and  sixty-eight  of 
the  General  Laws  a  number  of  fiscal  years  is  mentioned, 
the  fiscal  years  beginning  in  the  years  nineteen  hundred  and 


42  Acts,  1937.  —  Chap.  57. 

thirty-one  to  nineteen  hundred  and  thirty-seven,  both  in- 
elusive,  shall  be  excluded  from  the  count,  if  the  inclusion  of 
such  years  or  any  one  or  more  of  them  would  render  the 
security  of  any  railroad  ineligible  for  investment,  and  all 
railroad  securities  which  were  eligible  for  investment  by  sav- 
ings banks  on  January  first,  nineteen  hundred  and  thirty- 
one,  or  have  become  eligible  for  such  investment  since  that 
date,  or  shall  hereafter,  prior  to  April  first,  nineteen  hundred 
and  thirty-nine,  become  eligible  for  such  investment,  shall 
continue  to  be  eligible  for  such  investment  until  April  first, 
nineteen  hundred  and  thirty-nine;  provided,  however,  that 
the  securities  of  a  railroad  company  defaulting  at  any  time 
between  January  first,  nineteen  hundred  and  thirty-one, 
and  March  thirty-first,  nineteen  hundred  and  thirty-nine, 
both  dates  inclusive,  in  the  payment  of  matured  principal  or 
interest  of  any  of  its  mortgage  or  funded  indebtedness  shall 
not  be  eligible  for  such  investment. 

Approved  February  26,  1937. 


Chap.  57  An  Act  providing  for  the  functioning  of  retirement 

BOARDS  IN  CERTAIN  CITIES  AND  TOWNS  PRIOR  TO  THE 
TIME  WHEN  CONTRIBUTORY  RETIREMENT  SYSTEMS  BECOME 
OPERATIVE  THEREIN. 

pr'^ambk!^  Whcj-eas,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  pubHc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Edo.'32!^§'3iF.  Section  1.  Clause  (6)  of  section  thirty-one  F  of  chap- 
ameAded.  '  ter  thirty-two  of  the  General  Laws,  as  appearing  in  sec- 
tion one  of  chapter  three  hundred  and  eighteen  of  the  acts 
of  nineteen  hundred  and  thirty-six,  is  hereby  amended  by 
striking  out,  in  the  fourth  fine,  the  words  "commencing  on" 
and  inserting  in  place  thereof  the  word :  —  from,  —  so  as  to 
read  as  follows :  — 
Membership  Q^-^  Qj^g  pcrsou  to  bc  appointed,  in  a  city,  by  the  mayor, 

subject  to  confirmation  by  the  board  of  aldermen,  or,  in  a 
town,  by  the  selectmen,  to  serve  for  a  term  of  three  years 
from  the  date  when  the  system  becomes  operative,  and  until 
the  qualification  of  his  successor,  and 
Ed^iJl'aiF       Section  2.     Said  section  thirty-one  F  of  said  chapter 
further  '         '  thirty-two,  as  so  appearing,  is  hereby  further  amended  by 
amended.  inserting  after  the  word  "successor"  in  the  thirteenth  line 

the  following  new  paragraph :  — 
Pstem^oes  (1"^)     ^^  ^  ^^^^  ^^  towu  not  haviug  a  contributory  re- 

into  operation,  tircmeut  systcm  in  which  a  contributory  retirement  system 
under  sections  twenty-six  to  thirty-one  H,  inclusive,  is  es- 
tablished by  certificate  of  the  commissioner  of  insurance,  the 
board  may  commence  to  function  at  any  time  after  the 
issue  of  such  certificate  but,  until  the  system  becomes  op- 
erative therein,  shall  consist  only  of  the  officer  specified 


Acts,  1937.  —  Chap.  58.  43 

in  clause  (o)  of  paragraph  (1)  of  this  section  and  a  person 
appointed  in  the  manner  provided  by  clause  (b)  of  said 
paragraph  (1). 

Section  3.    Paragraph  (3)  of  section  thirty-one  I  of  said  Si^-.^T%o,t 
chapter  thirty-two,  as  so  appearing,  is  hereby  amended  by  amended. 
striking  out  the  second  sub-paragraph  and  inserting  in  place 
thereof  the  following :  — 

The  city  or  town  clerk  shall  file  in  the  office  of  the  com-  Acceptance 
missioner  of  insurance  a  copy  of  the  vote  of  the  city  council  provisions. 
or  of  the  selectmen,  certified  by  the  city  or  town  clerk,  and 
a  certificate  of  the  vote  at  the  city  or  state  election,  or  at  the 
town  meeting,  sworn  to  by  the  city  or  town  clerk  or  elec- 
tion commissioners  or  officers  corresponding  thereto,  within 
thirty  days  after  the  date  of  the  latter  vote  or  after  the  date 
of  the  vote  of  the  city  council  or  selectmen,  in  any  case 
where  no  acceptance  by  the  qualified  voters  is  required. 
Said  commissioner  shall  forthwith  issue  to  the  mayor  or 
selectmen  a  certificate,  either  that  the  system,  or  that  a 
retirement  system  for  policemen  and  firemen,  or  for  mem- 
bers of  the  poHce  and  fire  departments,  as  the  case  may  be, 
is  established  in  said  city  or  town  by  such  votes  or  vote, 
and  said  system  shall  become  operative  therein,  to  the  ex- 
tent so  voted,  on  the  first  day  of  January  or  July,  which- 
ever first  occurs,  following  the  expiration  of  three  months 
after  the  date  of  the  certificate  of  said  commissioner  estab- 
lishing such  system,  but  otherwise  said  sections  twenty-six 
to  thirty-one  H,  inclusive,  shall  be  operative  upon  the  date 
of  the  latter  certificate. 

Section  4.  In  any  city  or  town  which  accepted  said  Temporary 
sections  twenty-six  to  thirty-one  H,  inclusive,  of  chap-  p''°^''*'°'^^- 
ter  thirty-two  of  the  General  Laws  at  the  biennial  state 
election  in  the  year  nineteen  hundred  and  thirty-six,  the 
contributory  retirement  system  established  upon  such  ac- 
ceptance shall  become  operative  upon  the  first  day  of  July 
following  the  expiration  of  three  months  after  the  date  of 
the  certificate  of  the  commissioner  of  insurance  estabhshing 
such  system  but  otherwise  the  provisions  of  said  sections  as 
amended  by  sections  one  and  two  of  this  act  shall  be  opera- 
tive upon  its  passage,  notwithstanding  the  provisions  of 
section  seven  of  chapter  three  hundred  and  eighteen  of  the 
acts  of  nineteen  hundred  and  thirty-six. 

Approved  February  26,  1937. 


An  Act  relative  to  the  construction  of  certain  main  Qhav    58 

AND  particular  SEWERS  IN  THE  SOUTHEASTERLY  SECTION 
OF   THE    CITY    OF  MELROSE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Melrose,  acting  through  its  board 
of  aldermen,  is  hereby  authorized  to  assess  upon  the  owners 
of  estates  which  derive  particular  benefit  or  advantage  from 
any  system  of  main  drains  and  common  sewers  which  may  be 


44  Acts,  1937.  —  Chap.  58. 

constructed  by  said  city,  with  the  aid  of  federal  funds,  in  that 
portion  of  the  southeasterly  section  of  said  city  shown  as 
Part  One  on  a  plan  entitled  "Plan  Showing  Proposed  Sewer 
Extensions  in  Southeast  Section,  Melrose,  Mass.,  in  Two 
Parts,  Public  Works  Department,  City  of  Melrose,  Sept. 
12,  1933,  Fred  E.  EUis,  Engr.  and  Supt.",  sums  equal,  in  the 
aggregate,  to  not  more  than  one  half  of  so  much  of  the  cost 
of  such  construction  as  is  paid  by  said  city  from  funds  other 
than  those  made  available  by  the  federal  government,  at  a 
fixed  uniform  rate  according  to  both  frontage  and  area,  as 
authorized  by  section  fifteen  of  chapter  eighty-three  of  the 
General  Laws,  any  provision  of  any  general  or  special  law  or 
of  any  ordinance  of  said  city  to  the  contrary  notwithstand- 
ing. 

Section  2.  Assessments  under  the  preceding  section 
shall  be  levied  and  collected  in  accordance  with  the  provi- 
sions of  chapter  eighty-three  of  the  General  Laws;  provided, 
that  such  assessments  shall  bear  interest  at  a  rate  not  more 
than  one  per  cent  in  excess  of  the  rate  which  said  city  shall 
pay  for  a  loan  for  the  purposes  of  said  sewer  system,  but,  in 
no  case,  more  than  six  per  cent,  from  the  thirtieth  day  after 
the  assessments  have  been  committed  to  the  collector;  and, 
provided  further,  that  the  maximum  number  of  portions  into 
which  the  assessments  may  be  apportioned  under  section 
thirteen  of  chapter  eighty  of  the  General  Laws  shall  be 
twenty  instead  of  ten.  Interest  on  any  amount  of  such  as- 
sessments remaining  unpaid  shall  be  computed  in  the  manner 
hereinbefore  provided. 

Section  3.  The  time  of  the  payment  of  assessments 
made  under  this  act  may  be  extended  as  provided  in  section 
nineteen  of  said  chapter  eighty-three;  provided,  that  when- 
ever the  time  for  the  payment  of  any  assessment  is  so  ex- 
tended for  a  definite  period  and  the  land  to  which  such  as- 
sessment relates  is  not  built  upon  at  the  expiration  of  such 
time,  the  time  may  be  further  extended  as  determined  by 
the  board  of  aldermen.  If  the  time  for  payment  of  assess- 
ments is  so  extended,  no  demand  for  payment  thereof  shall 
be  made  by  the  collector  within  six  months  after  the  termina- 
tion of  such  definite  period  or  after  such  land  is  built  upon, 
whichever  occurs  first,  and  within  said  six  months  the  assess- 
ments may  be  apportioned  under  said  section  thirteen  of 
chapter  eighty  of  the  General  Laws,  as  affected  by  section 
two  of  this  act. 

Section  4.  The  said  city  of  Melrose,  acting  through  its 
engineer  and  superintendent  of  public  works,  may,  upon 
apphcation  of  the  owner  of  any  estate  abutting  on  any  way 
where  a  sewer  is  constructed  in  the  southeasterly  section  of 
said  city  referred  to  in  section  one  of  this  act,  lay  in  such 
sewered  way  and  in  the  private  land  of  such  owner  such 
particular  sewer  or  connecting  drain  as  may  be  necessary  to 
connect  any  building  on  such  estate  with  such  main  drain 
or  sewer,  and  said  officer  may  make  all  necessary  contracts 
in  the  name  of  and  in  behalf  of  said  city  for  such  purpose. 


Acts,  1937.  —  Chap.  59.  45 

The  expenses  thereof  shall  be  paid  out  of  any  appropriation 
that  may  be  made  by  the  board  of  aldermen  therefor. 

Section  5.  The  cost  of  constructing  each  particular 
sewer  or  connecting  drain  shall  be  assessed  by  the  said 
engineer  and  superintendent  of  pubhc  works  upon  the  estate 
benefited  thereby.  Such  assessment  shall  be  made  by  fihng 
with  the  board  of  assessors  of  the  city  a  certificate,  designat- 
ing the  way  and  the  private  land  in  which  such  particular 
sewer  or  connecting  drain  has  been  constructed,  and  giving 
the  name  or  names  of  the  owners  of  the  estate  for  which  such 
connection  has  been  made  and  the  amount  of  the  assessment 
to  be  paid  by  such  owner  or  owners.  A  copy  or  duplicate  of 
this  certificate  shall,  within  ten  days  after  the  filing  of  the 
same  with  the  board  of  assessors,  be  recorded  in  the  registry 
of  deeds  for  the  southern  district  for  the  county  of  Middle- 
sex, or,  in  the  case  of  registered  land,  filed  in  the  office  of  the 
assistant  recorder  for  the  Middlesex  county  registry  district. 
The  board  of  assessors  shall,  upon  receipt  of  such  certificate, 
forthwith  commit  such  assessments  or  charges  with  their 
warrant  to  the  collector  of  taxes,  who  shall  forthwith  make 
a  demand  in  writing  for  the  payment  of  such  assessments  or 
charges,  and  every  owner  shall,  within  three  months  after 
such  demand  is  served  upon  him  or  upon  the  occupant  of 
the  estate,  or  sent  by  mail  to  the  last  known  address  of  the 
owner  known  to  the  collector  of  taxes,  pay  to  the  collector  of 
taxes  the  sum  assessed  or  charged  under  this  section. 

Section  6.  Except  as  herein  provided,  the  provisions  of 
general  law  relative  to  the  assessment,  apportionment,  divi- 
sion, re-assessment,  abatement  and  collection  of  sewer  as- 
sessments, to  liens  therefor  and  to  interest  thereon  shall  apply 
to  assessments  for  particular  sewers  made  under  this  act. 
In  applying  said  provisions  to  assessments  so  made  for  par- 
ticular sewers,  the  notice  therein  referred  to  shall  be  deemed 
to  be  the  demand  of  the  tax  collector  required  by  section  five 
hereof.  The  lien  for  any  assessment  for  particular  sewers 
made  under  this  act  shall  attach  upon  the  recording  or  filing 
for  registration  of  the  copy  or  dupHcate  of  the  certificate  of 
assessment. 

Section  7.  This  act  shall  take  effect  upon  its  acceptance, 
within  two  years  after  its  passage,  by  the  board  of  aldermen 
of  the  city  of  Melrose,  subject  to  the  provisions  of  its  charter. 

Approved  February  26,  1937. 


An  Act  relative  to  the  destruction  of  certain  old  Chav.  59 

PAPERS  AND  documents  IN  CIVIL  ACTIONS  IN  DISTRICT 
COURTS  AND  TO  THE  SAFEGUARDING  OF  RECORDS,  PAPERS 
AND    DOCUMENTS   IN   SUCH    COURTS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  eighteen  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  thirteen,  as  appear-  ame^did.'  *  ^^' 
ing  in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 


46  Acts,  1937. —Chaps.  60,  61. 

S^oidTou°t  ^^^  following:  —  Section  13.  Any  district  court  may  destroy 
documents.  complaints,  warrants,  documents  and  other  papers  in  crim- 
inal cases,  and  writs,  declarations,  petitions  and  other  papers 
in  civil  causes,  filed  in  said  court  as  completed  business  for 
not  less  than  twenty  years,  except  dockets  and  record  books, 
and  shall  enter  the  fact  of  such  destruction  upon  the  records 
of  the  court.  Thereafter  the  dockets  and  record  books  and 
the  minutes  and  entries  therein  shall  be  admissible  as  evi- 
dence of  the  facts  stated  therein. 

The  records,  papers  and  documents  of  district  courts  may, 
subject  to  the  approval  of  the  supervisor  of  public  records, 
be  stored  and  kept  in  fireproof  rooms,  vaults  and  safes, 
provided  by  the  county  commissioners  in  the  towns  where 
the  courts  are  respectively  situated,  or  in  the  county  court 
houses.  Approved  February  26,  1937. 

Chap,  60  An  Act  authorizing  the  town  of  Plymouth  to  pension 

LINCOLN   S.    WIXON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  pubHc  good 
and  in  consideration  of  his  long  and  meritorious  service,  the 
town  of  Plymouth  may  retire  Lincoln  S.  Wixon,  who  served 
the  town  faithfully  for  over  twenty-five  years  in  its  police 
department  and  is  now  permanently  disabled  for  further  per- 
formance of  duty,  on  an  annual  pension,  payable  monthly, 
equal  to  one  half  the  salary  received  by  him  during  the  last 
year  of  his  active  service. 

Section  2,  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  j^ear  by  vote  of  the  selectmen  of  said  town, 
but  not  otherwise.  Approved  February  26,  1937. 

Chap.  61  An  Act  authorizing  the  county  commissioners  of  Plym- 
outh COUNTY  TO  CONSTRUCT  AN  ELEVATED  WATER  TANK 
AND  CONNECTIONS  FOR  PROVIDING  BETTER  FIRE  PROTEC- 
TION AT  THE  PLYMOUTH  COUNTY  TUBERCULOSIS  HOSPITAL 
AND  FOR  THE  SURFACING  OF  THE  DRIVEWAY  AND  PARKING 
SPACE  ON  THE  PROPERTY  OF  SAID  HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  constructing  an  elevated 
water  tank  and  connections  for  providing  better  fire  protec- 
tion at  the  Plymouth  county  tuberculosis  hospital  in  the  town 
of  Hanson  and  for  surfacing  the  driveway  and  parking  space 
on  the  property  of  said  hospital,  the  county  commissioners 
of  Plymouth  county  may  expend  a  sum  not  exceeding  sixteen 
thousand  dollars. 

Section  2,  For  the  purposes  aforesaid,  the  treasurer  of 
said  county,  with  the  approval  of  the  county  commissioners, 
may  borrow  upon  the  credit  of  the  county  such  sums  as  may 
be  necessary,  not  exceeding,  in  the  aggregate,  sixteen  thou- 
sand dollars,  and  may  issue  notes  of  the  county  therefor, 


Acts,  1937.  —  Chap.  62.  47 

which  shall  bear  on  their  face  the  words,  Plymouth  County 
Tuberculosis  Hospital  Loan,  Act  of  1937;  and  such  notes 
shall  be  payable  in  not  more  than  four  years  from  their  dates. 
Such  notes  shall  be  signed  by  the  treasurer  of  the  county  and 
countersigned  by  a  majority  of  the  county  commissioners. 
Said  securities  may  be  sold  at  public  or  private  sale  upon 
such  terms  and  conditions  as  the  said  treasurer  and  county 
commissioners  may  deem  proper,  but  not  for  less  than  their 
par  value.  All  money  so  borrowed  shall  be  deposited  in  the 
county  treasury  and  the  county  treasurer  shall  pay  out  the 
same  as  ordered  by  the  county  commissioners.  The  county 
treasurer  shall  keep  a  separate  account  of  all  money  so  bor- 
rowed and  expended.  Indebtedness  under  this  act  shall, 
except  as  herein  provided,  be  subject  to  chapter  thirty-five 
of  the  General  Laws.  All  sums  necessary  to  meet  interest 
paj^ments  on  notes  issued  under  this  act  and  payments  on 
account  of  principal  as  the  same  mature  shall  be  assessed 
upon  the  twenty-six  towns  and  one  city  of  said  county  con- 
stituting the  hospital  district,  with  other  assessments  made 
under  section  eighty-five  of  chapter  one  hundred  and  eleven 
of  the  General  Laws. 

Section  3.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  the  county  commissioners  of  the 
county  of  Plymouth,  but  not  otherwise. 

Approved  February  26,  1937. 


An  Act  authorizing  the  county  commissioners  of  plym-  Chap.  62 

OUTH  county  to  CONSTRUCT  AN  ELEVATED  TANK  FOR 
WATER  SUPPLY  AND  TO  MAKE  CERTAIN  OTHER  IMPROVE- 
MENTS AT  THE  COUNTY  JAIL  AND  HOUSE  OF  CORRECTION 
AT  PLYMOUTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  For  the  purpose  of  providing  better  fire  pro- 
tection, installing  modern  sanitary  toilet  facilities,  construct- 
ing an  elevated  water  tank  and  connections,  and  surfacing 
driveways,  at  the  jail  and  house  of  correction  at  Plymouth, 
the  county  commissioners  of  Plymouth  county  may  expend 
a  sum  not  to  exceed  thirty-five  thousand  dollars. 

Section  2.  For  the  purposes  aforesaid,  the  treasurer  of 
said  county,  with  the  approval  of  the  county  commissioners, 
may  borrow  upon  the  credit  of  the  county  such  sums  as 
may  be  necessary,  not  exceeding,  in  the  aggregate,  thirty-five 
thousand  dollars,  and  may  issue  notes  of  the  county  therefor, 
which  shall  bear  on  their  face  the  words,  Plymouth  County 
Jail  and  House  of  Correction  Loan,  Act  of  1937.  Each 
authorized  issue  shall  constitute  a  separate  loan  and  such 
loans  shall  be  payable  in  not  more  than  five  years  from  their 
dates.  Such  notes  shall  be  signed  by  the  treasurer  of  the 
county  and  countersigned  by  a  majority  of  the  county  com- 
missioners. The  county  may  sell  the  said  securities  at  public 
or  private  sale  upon  such  terms  and  conditions  as  the  county 


48  Acts,  1937.  —  Chap.  63. 

commissioners  may  deem  proper,  but  not  for  less  than  their 
par  value.  Indebtedness  incurred  hereunder  shall,  except  as 
herein  provided,  be  subject  to  chapter  thirty-five  of  the  Gen- 
eral Laws. 

Section  3.  The  county  treasurer,  with  the  approval  of 
the  county  commissioners,  may  issue  temporary  notes  of  the 
county,  payable  in  not  more  than  one  year  from  their  dates, 
in  anticipation  of  the  issue  of  serial  notes  under  this  act,  but 
the  time  within  which  such  serial  notes  shall  become  due  and 
payable  shall  not,  by  reason  of  such  temporary  notes,  be 
extended  bej^ond  the  time  fixed  by  this  act.  Any  notes 
issued  in  anticipation  of  the  serial  notes  shall  be  paid  from 
the  proceeds  thereof. 

Section  4.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  the  county  commissioners  of  the 
county  of  Plymouth,  but  not  otherwise. 

Approved  February  26,  1937. 


Chap.  63  An  Act  authorizing  the  county  commissioners  of  the 

COUNTY  OF  PLYMOUTH  TO  ACQUIRE  PROPERTY  FOR  THE  USE 
OF  THE  SECOND  DISTRICT  COURT  OF  SAID  COUNTY,  LOCATED 
IN   THE   TOWN    OF   HINGHAM. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  county  commissioners  of  the  county  of 
Plymouth  may  acquire  by  purchase  or  otherwise  the  build- 
ing and  lot  at  Hingham  in  said  county  now  leased  by  said 
county  and  occupied  by  the  second  district  court  of  Plym- 
outh, together  with  an  adjoining  lot,  for  use  by  said  court, 
and  may  expend  for  such  purposes  a  sum  not  exceeding 
sixty-five  thousand  dollars. 

Section  2.  For  the  purposes  aforesaid,  the  treasurer  of 
said  county,  with  the  approval  of  the  county  commissioners, 
may  borrow  upon  the  credit  of  the  county  such  sums  as 
may  be  necessary,  not  exceeding,  in  the  aggregate,  sixty-five 
thousand  dollars,  and  may  issue  notes  of  the  county  therefor, 
which  shall  bear  on  their  face  the  words,  Plymouth  County 
Court  House  Loan,  Act  of  1937.  Each  authorized  issue  shall 
constitute  a  separate  loan  and  such  loans  shall  be  payable  in 
not  more  than  five  years  from  their  dates.  Such  notes  shall 
be  signed  by  the  treasurer  of  the  county  and  countersigned 
by  a  majority  of  the  county  commissioners.  The  county  may 
sell  the  said  securities  at  public  or  private  sale  upon  such 
terms  and  conditions  as  the  county  commissioners  may  deem 
proper,  but  not  for  less  than  their  par  value.  Indebtedness 
incurred  hereunder  shall,  except  as  herein  provided,  be  sub- 
ject to  chapter  thirty-five  of  the  General  Laws. 

Section  3.  The  county  treasurer,  with  the  approval  of 
the  county  commissioners,  may  issue  temporary  notes  of  the 
county,  payable  in  not  more  than  one  year  from  their  dates, 
in  anticipation  of  the  issue  of  serial  notes  under  this  act,  but 
the  time  within  which  such  serial  notes  shall  become  due 


Acts,  1937.  —  Chap.  64.  49 

and  payable  shall  not,  by  reason  of  such  temporary  notes,  be 
extended  beyond  the  time  fixed  by  this  act.  Any  notes 
issued  in  anticipation  of  the  serial  notes  shall  be  paid  from 
the  proceeds  thereof. 

Section  4,  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  the  county  commissioners  of  the 
county  of  Plymouth,  but  not  otherwise. 

Approved  February  26,  1937. 


An  Act  further  regulating  the  return  or  recovery  (Jjmj)    g4 

OF    CERTAIN    MONEY    REQUIRED    TO    BE    PAID    TO    COUNTY  ^' 

TREASURERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  twenty-five  of  chapter  twelve  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  ^.ueAdla.*  "^' 
is  hereby  amended  by  striking  out,  in  the  thirteenth  and 
fourteenth  fines,   the  words   "any  unexpended  balance  of 
such  money  shall  be  paid  to  the  county  treasurer"  and  in- 
serting in  place  thereof  the  following :  —  the  difference  be- 
tween the  amount  advanced  as  aforesaid  and  the  amount 
of  the  vouchers  so  approved  shall  be  paid  to  the  county 
treasurer  within  thirty  days  after  such  return,  —  so  as  to 
read  as  follows :  —  Section  25.     Money  to  be  used  for  the  Counties  may 
necessary  expenses  to  be  incurred  by  officers,  under  the  expe^et  oT^"'" 
direction  of  a  district  attorney,   in  going  outside  of  the  district  _at- 
commonwealth  for  the  purpose  of  searching  for,  or  bring-  officer. 
ing  back  for  trial,  persons  under  indictment  in  any  county 
in  the  district  of  said  district  attorney  shall  be  advanced  by 
the  treasurer  of  that  county,  upon  the  presentation  of  a 
certificate  signed  by  the  district  attorney  and  approved  in 
the  manner  provided  in  the  preceding  section  for  approving 
bills  incurred  by  district  attorneys.    After  their  return,  such 
ofiicers  shall  account  for  such  money  by  filing  with  the 
county  treasurer  itemized  vouchers  duly  sworn  to,  approved 
by  the  district  attorney  and  also  approved  in  the  manner 
provided  in  the  preceding  section  for  approving  bills  in- 
curred by  district  attorneys.    Such  vouchers  shall  show  the 
necessary  expenses  so  incurred,  and  the  difference  between 
the  amount  advanced  as  aforesaid  and  the  amount  of  the 
vouchers  so  approved  shall  be  paid  to  the  county  treasurer 
within  thirty  days  after  such  return. 

Section  2.    Section  twenty-one  of  chapter  thirty-five  of  ej^'"^J%'2i 
the  General  Laws,  as  so  appearing,  is  hereby  amended  by  amended. 
inserting  after  the  word  "officer"  in  the  first  line  the  words: 
—  ,  or  other  person,  —  so  as  to  read  as  follows:  —  Section  County  treas- 
21.    If  a  pubHc  ofiicer,  or  other  person,  required  by  law  to  dLTnJt  attir^ 
account  with  and  pay  money  to  a  county  treasurer,  fails  so  "'^y  °^  persons 
to  do  for  ten  days  after  the  time  prescribed  by  law  therefor,  to  money 
the  treasurer  shall  notify  the  district  attorney,  who  shall  p'*>""«"*»- 
forthwith  proceed  to  recover  the  sum  due. 

Approved  February  26,  1937. 


50  Acts,  1937.  —  Chaps.  65,  66. 


Chap.  65  An  Act  providing  for  the  taking  or  other  acquisition 

BY  THE  TOWN   OF  NANTUCKET   OF  CERTAIN   LAND   THEREIN 
FOR  THE  IMPROVEMENT  OF  THE   FISHERIES  OF  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Nantucket,  acting  by  its  board 
of  selectmen,  is  hereby  authorized  and  directed  to  take  by 
eminent  domain  under  chapter  seventy-nine  of  the  Gen- 
eral Laws,  or  acquire  by  purchase  or  otherwise,  for  the 
purpose  of  improving  the  fisheries  of  said  town,  a  certain 
parcel  of  land  situated  in  said  town,  and  bounded  and  de- 
scribed as  follows:  —  northeasterly  by  the  Atlantic  ocean; 
southeasterly  by  Lot  A-1  on  land  court  plan  No.  10990-B 
filed  with  certificate  of  title  No.  2129,  being  land  now  or 
formerly  of  James  A.  Backus,  held  under  said  certificate 
of  title;  southwesterly  by  Nantucket  harbor;  and  north- 
westerly by  land,  now  or  formerly  of  James  A.  Backus  et  al., 
the  boundary  line  beginning  at  a  point  on  Nantucket  harbor 
now  marked  by  a  land  court  bound  situated  at  the  north- 
west corner  of  Lot  C  on  land  court  plan  No.  10990-A  filed 
with  said  certificate  of  title  and  thence  running  north- 
easterly, true  meridian,  to  the  waters  of  the  Atlantic  ocean. 

Section  2.  For  the  purpose  of  providing  funds  for  the 
taking  or  other  acquisition  of  land  under  the  provisions  of 
section  one,  the  treasurer  of  said  town,  with  the  approval 
of  the  selectmen,  may  make  a  temporary  loan  for  a  period 
not  exceeding  one  year;  and  the  assessors  of  said  town 
shall,  in  the  year  following  the  issuing  of  such  loan,  include 
the  amount  represented  thereby  in  the  tax  levy  of  the  town 
for  that  year  unless  payment  thereof  is  otherwise  provided 
for. 

Section  3.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  registered  voters  of  the  town  of 
Nantucket  voting  thereon  at  any  annual  town  meeting  held 
within  three  years  after  its  passage,  or  at  any  special  town 
meeting  called  for  the  purpose  within  said  period.  If  sub- 
mitted at  any  such  annual  town  meeting  it  shall  be  in  the 
form  of  the  following  question,  which  shall  be  placed  upon 
the  official  ballot  to  be  used  for  the  election  of  town  officers: 
—  "Shall  an  act  passed  by  the  general  court  in  the  year 
nineteen  hundred  and  thirty-seven,  entitled  'An  Act  pro- 
viding for  the  taking  or  other  acquisition  by  the  town  of 
Nantucket  of  certain  land  therein  for  the  improvement  of 
the  fisheries  of  said  town',  be  accepted?" 

Approved  February  26,  1937. 

Chap.  66  An  Act  requiring  applicants  for  registration  as  vet- 
erinarians to  be  citizens  of  the  united  states. 

Be  it  enacted,  etc.,  as  follows: 

EdV'  iTr§  55       Section  fifty-five  of  chapter  one  hundred  and  twelve  of 
amended.'       '  the  General  Laws,  as  appearing  in  the  Tercentenary  Edition, 


Acts,  1937.  —  Chaps.  67,  68.  51 

is  hereby  amended  by  inserting  after  the  word  "over"  in 
the  third  hne  the  words :  —  who  is  a  citizen  of  the  United 
States,  —  so  as  to  read  as  follows:  —  Section  55.  Applica-  Examination 
tions  for  registration  hereunder,  signed  and  sworn  to  by  the  t/J,n  ^f '®*'^''' 
applicant,  shall  be  made  upon  blanks  furnished  by  the  board,  veterinarians. 
Any  applicant  twenty-one  years  of  age  or  over  who  is  a  citi- 
zen of  the  United  States  shall,  upon  payment  of  fifteen 
dollars,  be  entitled  to  examination,  and,  if  found  qualified 
by  the  board,  shall  be  registered  as  a  veterinarian  and  shall 
receive  a  certificate  thereof,  signed  by  its  chairman  and 
secretary.  Any  applicant  failing  to  pass  a  satisfactory  ex- 
amination may  be  re-examined  at  any  regular  meeting  of 
the  board  within  two  years  thereafter,  without  additional 
fee,  and  thereafter  may  be  examined  at  any  such  meeting 
upon  payment  of  fifteen  dollars  for  each  examination.  The 
board,  after  a  hearing,  may  revoke  any  certificate  issued  by 
it  to  any  veterinarian  convicted  of  a  crime  in  the  practice 
of  his  profession  and  cancel  his  registration. 

Approved  February  26,  1937. 


Chap.  67 


An  Act  concerning  the  sale  and  taxation  of  the  "old 

COURT    house    property",    SO    CALLED,    IN    GREENFIELD, 
OWNED  BY  THE  COUNTY  OF  FRANKLIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  chapter 
four  hundred  and  forty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-one,  the  county  commissioners  of  the  county  of 
Franklin  are  hereby  authorized  to  sell  the  "old  court  house 
property",  so  called,  for  such  price  as  they,  in  their  discre- 
tion, deem  to  be  proper  and  for  the  best  interests  of  said 
county. 

Section  2.  During  such  time  as  the  county  of  Franklin 
continues  to  own  the  "old  court  house  property",  so  called, 
and  receives  no  rent  or  other  income  thei'efrom,  said  property 
shall  be  exempt  from  taxation. 

Approved  February  26,  1937. 

An  Act  providing  that  the  chairman  of  the  planning  Qhn'r)    gc 

BOARD    OF   THE    TOWN    OF   NEEDHAM    BE   A   TOWN    MEETING  ^' 

MEMBER   AT   LARGE    OF   SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  three  of  chapter  two  hundred  and  seventy-nine 
of  the  acts  of  nineteen  hundred  and  thirty-two  is  hereby 
amended  by  inserting  after  the  word  "assessors"  in  the 
tenth  line  the  words :  — ,  the  chairman  of  the  planning 
board,  —  so  that  the  first  paragraph  will  read  as  follows:  — 
Any  representative  town  meeting  held  under  the  provisions 
of  this  act,  except  as  otherwise  provided  herein,  shall  be 
limited  to  the  voters  elected  under  section  two,  together 
with  the  following,  designated  as  town  meeting  members  at 


52  Acts,  1937.  —  Chaps.  69,  70. 

large;  namely,  any  member  of  the  general  court  of  the  com- 
monwealth from  the  town,  the  moderator,  the  town  clerk, 
the  members  of  the  board  of  selectmen,  the  town  treasurer, 
the  town  counsel,  the  chairman  of  the  school  committee,  the 
chairman  of  the  finance  committee,  the  chairman  of  the 
board  of  assessors,  the  chairman  of  the  planning  board, 
and  the  chairman  of  the  board  of  health.  The  town  clerk 
shall  notify  the  town  meeting  members  of  the  time  and 
place  at  which  representative  town  meetings  are  to  be  held, 
the  notices  to  be  sent  by  mail  at  least  seven  days  before  the 
meeting.  Approved  February  26,  1937. 

Chap.  69  An  Act  authorizing  the  county  commissioners  of  essex 

COUNTY  TO  PURCHASE  ADDITIONAL  LAND  IN  THE  CITY  OF 
LAWRENCE  TO  BE  USED  FOR  THE  PURPOSES  OF  THE  ESSEX 
COUNTY   TRAINING    SCHOOL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  Essex  county 
are  hereby  authorized  to  purchase  additional  land  in  the 
city  of  Lawrence  to  be  used  for  the  purposes  of  the  Essex 
county  training  school,  and  may  expend  therefor  out  of  the 
appropriation  for  county  buildings  for  said  county  for  the 
current  year  a  sum  not  exceeding  three  thousand  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  4,  1937. 


Chap.  70  An  Act  relative  to  the  retirement  of  permanent  mem- 
bers of  the  police  department  of  the  town  of  WEY- 
MOUTH AND  VALIDATING  CERTAIN  ACTION  TAKEN  BY  SAID 
TOWN   AND    ITS   OFFICIALS    IN   RELATION   THERETO. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  action  of  the  town  of  Weymouth  at  its 
annual  town  election  in  the  year  nineteen  hundred  and 
twenty-five  in  voting  to  accept  so  much  of  section  eighty- 
five  of  chapter  thirty-two  of  the  General  Laws  as  relates  to 
the  permanent  members  of  the  police  department  of  said 
town,  and  all  action  purportedly  taken  by  the  officials  of 
said  town  under  said  section,  are  hereby  confirmed  and 
made  valid  in  so  far  as  the  same  were  invalid  for  the  reason 
that  said  section  was  so  limited  in  its  application  and  was 
not  accepted  in  the  manner  authorized  by  law,  and  the  pro- 
visions of  said  section  eighty-five,  so  far  as  they  relate  to 
permanent  members  of  the  police  department  of  said  town, 
shall  continue  to  be  operative  therein,  subject  to  the  provi- 
sions of  section  eighty-five  C  of  said  chapter  thirty-two. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  4,  1937. 


Acts,  1937. —Chap.  71.  53 

An   Act   providing    for   removing   or    placing    under-  fUajj    71 

GROUND    CERTAIN    OVERHEAD    WIRES    AND    ELECTRICAL    AP-  ^  ' 

PLIANCES   IN    THE   TOWN    OF   WINCHESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  selectmen  of  the  town  of  Win- 
chester shall  have  exclusive  authority  to  order  and  to  cause 
to  be  removed  from  above  the  surface  of  Common  street  in 
said  town  all  telegraph  or  telephone  and  electric  light,  elec- 
tric motor  and  power,  and  all  other  wires,  cables  or  con- 
ductors in  said  street  and  above  the  surface  thereof,  together 
with  all  poles  and  structures  in  said  street  used  for  the  sup- 
port of  such  wires,  cables  or  conductors,  and  to  order  and 
to  cause  all  such  wires,  cables  and  conductors  to  be  placed, 
and  thereafter  maintained  and  operated,  in  underground 
conduits. 

Section  2.  In  ease  of  any  order  for  removal  under 
authority  of  section  one  of  this  act,  or  at  any  time  upon 
application  of  any  person  lawfully  maintaining  or  using  any 
wires  in  said  Common  street  for  authority  to  place  such 
wires  underground,  the  board  of  selectmen  of  said  town 
shall  grant  all  necessary  permits  for  placing,  maintaining 
and  operating  such  wires,  cables  and  conductors  and  any 
other  necessary  appurtenances  in  underground  conduits,  and 
for  constructing  and  maintaining  manholes,  subject  to  the 
bj'-laws  of  said  town,  and  the  superintendent  of  streets  or 
other  officer  having  charge  of  the  highways  of  said  town 
shall  issue  all  permits  for  opening  and  occupying  the  streets, 
or  portions  thereof,  to  accomplish  said  purposes. 

Section  3.  No  person  shall  erect,  place  or  maintain  any 
poles  or  other  structures  for  the  support  of  any  wires,  cables 
or  conductors  in  said  Common  street,  or  in  any  portion 
thereof,  after  the  overhead  wires,  cables  or  conductors  shall 
have  been  removed  therefrom  pursuant  to  this  act,  except 
temporarily,  in  case  of  emergency,  and  with  the  consent  in 
each  instance  of  the  board  of  selectmen  of  said  town.  If, 
after  the  expiration  of  the  time  prescribed  by  section  four 
of  this  act  for  the  removal  of  all  overhead  wires,  cables, 
conductors,  poles  and  structures  in  said  Common  street, 
there  shall  remain  in  said  street,  or  any  portion  thereof, 
any  wires,  cables,  conductors,  poles  or  structures,  required 
by  this  act  to  be  removed  or  placed  underground,  or  both, 
said  board  of  selectmen  shall  cause  the  same  to  be  removed 
forthwith,  and  the  town  may  by  proper  action  collect  from 
the  owners  or  users  thereof  any  expense  involved  in  such 
removal. 

Section  4.  Every  owner  or  user  of  overhead  wires,  cables 
or  conductors,  and  poles  and  other  structures  for  the  sup- 
port thereof,  in  said  Common  street  shall,  prior  to  the  first 
day  of  September  in  the  current  year,  remove  therefrom  all 
such  overhead  wires,  cables  and  conductors,  and  such  poles 
and  other  structures,  owned  or  used  by  him,  and  construct 


54 


Acts,  1937.  —  Chaps.  72,  73. 


in  said  street  all  necessary  underground  conduits  and  ducts, 
and  manholes,  and  remove  thereto  such  wires,  cables  and 
conductors  as  he  shall  desire  to  continue  to  use  in  said  street. 

Section  5.  The  superior  court  shall  have  jurisdiction  in 
equity  to  enforce  the  provisions  of  this  act  or  of  any  order 
passed  thereunder. 

Section  6.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  4,  1937. 

Chap.  72  An  Act  designating  the  new  bridge  to  be  constructed 

OVER    THE    CONNECTICUT    RIVER    BETWEEN    NORTHAMPTON 
AND  HADLEY  as  THE  CALVIN  COOLIDGE  MEMORIAL  BRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

The  new  bridge  authorized  to  be  constructed  over  the 
Connecticut  river  between  Northampton  and  Hadley  under 
the  provisions  of  chapter  four  hundred  and  thirty-three  of 
the  acts  of  nineteen  hundred  and  thirty-six  shall  be  known 
and  designated  as  the  Calvin  Coolidge  Memorial  Bridge.  A 
suitable  tablet  or  marker  bearing  said  designation  shall  be 
attached  to  said  bridge,  upon  its  completion,  by  the  depart- 
ment of  public  works.  Approved  March  4,  1937. 


G.  L.  (Ter. 
Ed.).  101, 
§  19.  etc., 
amended. 


Regulation 
of  sale  of 
song  sheets 
by  minors. 


Chap.  73  An  Act  relative  to  the  sale  of  song  sheets,  so  called, 

BY   MINORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  nineteen  of  chapter  one  hundred  and  one  of  the 
General  Laws,  as  amended  by  chapter  one  hundred  and  four- 
teen of  the  acts  of  nineteen  hundred  and  thirty-four,  is  hereby 
further  amended  by  inserting  after  the  word  "periodicals" 
in  the  eighteenth  line  the  words:  —  and  song  sheets,  so  called, 
—  so  as  to  read  as  follows:  —  Section  19.  The  aldermen  or 
selectmen  may  make  regulations  consistent  with  the  general 
laws  relative  to  the  exercise  of  the  trade  of  bootblacking  by 
minors,  and  to  the  sale  or  barter  by  minors  of  any  goods, 
wares  or  merchandise  the  sale  of  which  is  permitted  without  a 
license  by  section  seventeen,  and  may  prohibit  such  trade  or 
such  sales,  or  may  require  a  minor  to  obtain  from  them  a 
permit  therefor  to  be  issued  on  terms  and  conditions  pre- 
scribed in  such  regulations;  provided,  that  in  the  case  of  girls 
under  the  age  of  eighteen  years  and  of  boys  under  the  age  of 
sixteen  years  the  foregoing  powers  in  cities  shall  be  vested  in 
and  exercised  by  the  school  committee.  No  permit  issued  to 
a  minor  under  this  section  nor  badge  issued  to  him  under  sec- 
tions sixty-nine  to  seventy-three,  inclusive,  of  chapter  one 
hundred  and  forty-nine  shall  authorize  the  sale  by  a  minor  of 
any  article,  other  than  those  which  may  be  sold  without  a 
license  under  section  seventeen,  except  that  a  badge  so  issued 
may  authorize,  in  addition,  the  sale  of  magazines  and  other 
periodicals  and  song  sheets,  so  called.  A  minor  who  sells  such 
article  or  exercises  such  trade  without  a  permit,  if  one  is  re- 


Acts,  1937.  —  Chaps.  74,  75.  55 

quired,  or  who  violates  the  conditions  of  his  permit  or  any  pro- 
vision of  said  regulations,  shall  be  punished  by  a  fine  of  not 
more  than  ten  dollars.  Approved  March  4)  1937. 


Chap.  74 


An  Act  relative  to  fees  for  sealing  certain  scales  and 

CERTAIN    liquid    CAPACITY    MEASURES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter    ninety-eight    of   the    General    Laws    is    hereby  q.  l.  (Ter. 
amended  by  striking  out  section  fifty-six,  as  amended  by  j^se'et^c.. 
chapter  ninety-eight  of  the  acts  of  nineteen  hundred  and  amended, 
thirty-four,  and  inserting  in  place  thereof  the  following:  — 
Section  56.     Except    as    otherwise    provided,    sealers    shall  ^^1^^°^ 
receive  the  following  fees  for  sealing  the  following  weighing 
or  measuring  devices :  — 

(a)  Each  scale  with  a  weighing  capacity  of  five  thousand  to 
ten  thousand  pounds,  one  dollar. 

(6)  Each  scale  with  a  weighing  capacity  of  more  than  ten 
thousand  pounds,  two  dollars. 

(c)  Each  liquid  capacity  measure,  except  vehicle  tanks, 
of  the  capacity  of  more  than  one  gallon,  ten  cents. 

(d)  Each  liquid-measuring  meter,  except  water  meters, 
the  diameter  of  the  inlet  pipe  of  which  is  one  inch  or  less, 
fifty  cents;  and  for  each  such  meter  the  diameter  of  the  inlet 
pipe  of  which  is  more  than  one  inch,  one  dollar. 

(e)  All  other  scales,  balances,  and  measures  on  pumps,  ten 
cents  each. 

(/)  Each  taximeter,  or  measuring  device  used  upon  vehicles 
for  determining  the  cost  of  transportation,  one  dollar. 

{g)  Each  machine  or  other  device  used  for  determining  the 
measurement  of  leather,  one  dollar. 

{h)  Milk  bottles  or  jars,  fifty  cents  per  gross. 

(i)  Vehicle  tanks  used  in  the  sale  of  commodities  by  liquid 
measure  and  having  a  capacity  of  one  hundred  gallons  or  less, 
one  dollar.  For  each  additional  one  hundred  gallons  or  frac- 
tion thereof,  an  additional  fee  of  fifty  cents  shall  be  received. 
When  a  vehicle  tank  is  subdivided  into  two  or  more  compart- 
ments, each  compartment  shall,  for  the  purposes  of  this  sec- 
tion, be  considered  as  a  separate  tank. 

(ji)  All  weights  and  other  measures,  three  cents  each.  They 
shall  also  receive  reasonable  compensation  for  necessary  re- 
pairs, alterations  and  adjustments  made  by  them. 

Approved  March  4,  1937. 

An  Act  authorizing  the  town  of  rehoboth  to  receive  z^/,^^    nr. 

AND  ADMINISTER   THE   PROPERTY   OF  THE   BAKER  AND  HOR-  ^' 

TON  CEMETERY  ASSOCIATION  IN  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Baker  and  Horton  Cemetery  Associa- 
tion, a  corporation  duly  incorporated  under  chapter  seventy- 
nine  of  the  acts  of  eighteen  hundred  and  eighty-two  and 


56  Acts,  1937.  —  Chap.  75. 

situated  in  the  town  of  Rehoboth,  hereinafter  called  the  cor- 
poration, is  hereby  empowered  and  authorized  to  convey  and 
transfer  to  said  town,  and  said  town  is  hereby  authorized  and 
empowered  to  receive,  and  thereafter  to  hold  and  maintain, 
but  for  cemetery  purposes  only,  and  subject  to  all  rights 
heretofore  existing  in  any  burial  lots,  the  real  and  personal 
property  of  the  corporation  not  subject  to  any  trust,  and 
thereupon,  and  upon  the  transfer  of  the  trust  funds  as  here- 
inafter provided,  the  corporation  shall  be  dissolved;  and  the 
cemetery  of  the  corporation  shall  be  and  become  a  public 
burial  place,  ground  or  cemetery. 

Section  2.  In  so  far  as  authorized  by  a  decree  of  a  court 
of  competent  jurisdiction  and  in  compliance  with  the  terras 
and  conditions  of  such  decree,  said  town  may  receive  from 
the  corporation  a  conveyance  and  transfer  of,  and  administer, 
all  funds  or  other  property  held  by  the  corporation  in  trust 
for  the  perpetual  care  of  the  lots  in  its  cemetery  and  for  other 
purposes,  and  also  any  property  devised  or  bequeathed  to  the 
corporation  under  the  will  of  any  person  living  at  the  time 
of  said  transfer  or  convej^ance  or  under  the  will  of  any  de- 
ceased person  not  then  probated.  Interest  and  dividends 
accruing  on  funds  deposited  in  trust  with  any  savings  bank, 
under  authority  of  section  thirty-seven  or  thirty-eight  of 
chapter  one  hundred  and  sixty-eight  of  the  General  Laws,  or 
with  any  other  banking  institution,  for  the  benefit  of  the 
corporation,  or  of  any  lots  in  its  cemetery,  may,  after  such 
conveyance,  be  paid  by  such  bank  or  institution  to  the  treas- 
urer of  said  town;  and  upon  such  payment  said  treasurer  shall 
use  the  same  for  the  purposes  of  said  trusts. 

Section  3.  All  real  and  personal  property  and  property 
rights,  acquired  by  said  town  from  the  corporation  under 
authority  of  section  one  shall  be  held  and  managed  by  said 
town  in  the  same  manner  in  which  cities  and  towns  are  au- 
thorized by  law  to  hold  and  manage  property  for  cemetery 
purposes;  provided,  that  all  rights  which  any  persons  have 
acquired  in  its  cemetery  or  lots  therein  shall  remain  in  force 
to  the  same  extent  as  if  this  act  had  not  been  passed  and  such 
transfer  had  not  occurred.  The  records  of  the  corporation 
shall  be  delivered  to  the  clerk  of  said  town  and  such  clerk 
may  certify  copies  thereof. 

Section  4.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  registered  voters  of  the  town  of 
Rehoboth  voting  thereon  at  a  regular  or  special  town  meet- 
ing of  said  town  not  later  than  the  regular  town  meeting  in 
the  year  nineteen  hundred  and  thirty-eight. 

Approved  March  4,  1937. 


Acts,  1937.  —  Chaps.  76,  77.  57 


An  Act  constituting  imprisonment  for  five  years  or  (JJiQ/n    'JQ 

MORE  IN  A  FEDERAL  PENAL  INSTITUTION  OR  ANY  PENAL  OR 
REFORMATORY  INSTITUTION  IN  THIS  OR  ANY  OTHER  STATE 
AS   A    CAUSE    FOR    DIVORCE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  eight  of  the  Gen-  g.  l.  (Ter. 
eral  Laws  is  hereby  amended  by  striking  out  section  two,  as  ameAde°d'  ^  ^' 
appearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following :  —  Section  2.     A  divorce  may  also  be  Certain  causes 
decreed  if  either  party  has  been  sentenced  to  confinement  for  ^°'"  '^'^°'''=<'- 
life  or  for  five  j^ears  or  more  in  a  federal  penal  institution  or  in 
a  penal  or  reformatory  institution  in  this  or  any  other  state; 
and,  after  a  divorce  for  such  cause,  no  pardon  granted  to  the 
party  so  sentenced  shall  restore  such  party  to  his  or  her  con- 
jugal rights. 

Section  2.     This  act  shall  take  effect  on  October  first  of  Effective 
the  current  year.  Approved  March  4,  1937. 


An  Act  providing  for  absent  voting  at  regular  town  Chav.  77 

ELECTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  fifty-four  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  one  hundred  and  fto3Af'eto., 
three  A,  inserted  by  section  one  of  chapter  three  hundred  and  amended, 
thirteen  of  the  acts  of  nineteen  hundred  and  thirty-three, 
and  inserting  in  place  thereof  the  following:  —  Section  103 A.  ^^l^^*" 
Sections  eighty-six  to  one  hundred  and  three,  inclusive,  of  this 
chapter  and  sections  twenty-seven  and  thirty-four  of  chapter 
fifty-six  shall,  so  far  as  applicable,  apply  to  regular  city  elec- 
tions in  any  citj'  which  accepts  this  section  by  vote  of  its  city 
council,  subject  to  the  provisions  of  its  charter,  and  to  regular 
town  elections  in  any  town  which  accepts  this  section  at  any 
annual  meeting  or  any  special  town  meeting  held  not  less 
than  ninety  days  before  an  annual  meeting.    All  the  rights, 
powers,  duties  and  obligations  conferred  and  imposed  upon 
the  state  secretary  by  said  sections  shall,  with  respect  to  said 
city  and  town  elections,  be  exercised  and  performed  by  the 
clerk  of  such  city  or  town,  and,  in  construing  said  sections  for 
the  purposes  of  this  section,  any  reference  to  state  elections 
shall  be  considered  as  referring  to  said  city  or  town  elections 
in  such  city  or  town. 

In  each  such  city  which  holds  its  regular  city  election 
annually,  or  which  holds  such  election  biennially  in  the  even 
numbered  years,  and  in  which  the  date  for  such  election  is 
fixed  by  general  or  special  law  at  a  date  earlier  than  the  third 
Tuesday  of  December,  the  date  of  such  city  election  shall  be 
said  third  Tuesday  and  not  such  earlier  date. 

Section  2.     Section  ten  of  chapter  fifty-three  of  the  Gen-  o.  l.  (Ter. 
eral  Laws,  as  most  recently  amended  by  section  two  of  chap-  ^ttl'ameided'. 


58 


Acts,  1937. —Chap.  77. 


Time  for 
filing  nomina- 
tion papers, 
etc.,  in  towns. 


G.  L.  (Ter. 
Ed.),  53,  §  11. 
etc.,  amended. 


Objections. 


G.  L.  (Ter. 
Ed.),  53,  §  13, 
etc.,  amended. 


Withdrawals. 


G.  L.  (Ter. 
Ed.),  53,  §  72A, 
etc.,  amended. 


Caucuses,  time 
for  holding. 


ter  forty-five  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  is  hereby  further  amended  by  striking  out  the  third 
paragraph,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following:  — 

In  any  town  which  does  not  accept  section  one  hundred  and 
three  A  of  chapter  fifty-four,  certificates  of  nomination  for 
town  offices  shall  be  filed  on  or  before  the  second  Wednesday, 
and  nomination  papers  on  or  before  the  second  Thursday, 
preceding  the  day  of  the  election;  but  if  such  Wednesday  or 
Thursday  falls  on  a  legal  holiday,  the  said  certificates  of 
nomination  or  nomination  papers  shall  be  filed  on  or  before 
the  succeeding  day;  but  if  a  town  election  is  held  on  a  day 
of  the  week  other  than  Monday,  such  certificates  of  nomina- 
tion and  nomination  papers  shall  be  filed,  respectively,  on  or 
before  the  twelfth  and  eleventh  days  preceding  the  day  of  the 
election,  except  as  otherwise  provided  in  any  special  law 
affecting  such  town.  In  any  town  which  accepts  said  section 
one  hundred  and  three  A,  certificates  of  nomination  and 
nomination  papers  for  any  regular  town  election  shall  be 
filed  on  or  before  the  Thursday  following  the  fourth  Tuesday 
preceding  such  election,  notwithstanding  any  special  law 
affecting  such  town.  In  any  such  town  the  time  for  present- 
ing nomination  papers  for  certification  to  the  registrars  of 
voters,  and  for  certifying  the  same,  shall  be  governed  by 
section  seven  of  this  chapter,  notwithstanding  any  contrary 
provision  in  any  special  law. 

Section  3.  Section  eleven  of  said  chapter  fifty-three,  as 
amended  by  section  three  of  said  chapter  three  hundred  and 
thirteen,  is  hereby  further  amended  by  striking  out  the  sen- 
tence added  by  said  section  three  and  inserting  in  place 
thereof  the  following :  —  This  section  shall  be  in  force  in  any 
city  or  town  which  accepts  section  one  hundred  and  three  A 
of  chapter  fifty-four,  any  special  provision  of  law  to  the 
contrary  notwithstanding. 

Section  4.  Section  thirteen  of  said  chapter  fifty-three, 
as  most  recently  amended  by  chapter  twenty-six  of  the  acts 
of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  striking  out  the  sentence  acided  by  section  four 
of  said  chapter  three  hundred  and  thirteen  and  inserting  in 
place  thereof  the  following :  —  This  section  shall  be  in  force 
in  any  city  or  town  which  accepts  section  one  hundred  and 
three  A  of  chapter  fifty-four,  any  special  provision  of  law  to 
the  contrary  notwithstanding. 

Section  5.  Said  chapter  fifty-three  is  hereby  further 
amended  by  striking  out  section  seventy-two  A,  inserted  by 
section  six  of  said  chapter  three  hundred  and  thirteen,  and 
inserting  in  place  thereof  the  following: — Section  72 A.  In 
any  city  or  town  which  accepts  section  one  hundred  and  three 
A  of  chapter  fifty-four,  caucuses  before  regular  city  or  town 
elections  shall  be  held  on  the  fourth  Tuesday  preceding  such 
city  or  town  elections,  notwithstanding  any  contrary  provi- 
sion in  any  general  or  special  law. 

Approved  March  4,  1937, 


Acts,  1937.  —  Chaps.  78,  79.  59 


An  Act  relative  to  records  and  returns  of  abnormal  (^Jiar),  78 
SEX  births. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  two  A  of  chapter  forty-six  of  the  g.  l.  (Ter. 
General  Laws,  inserted  therein  by  chapter  two  hundred  and  ^tc:^'am;n^ded.' 
seventy-nine  of  the  acts  of  nineteen  hundred  and  thirty-three, 
is  hereby  amended  by  inserting  after  the  word  "births"  in 
the  second  Hne  the  words :  —  or  abnormal  sex  births,  —  so 
as  to  read  as  follows :  —  Section  2 A .    Examination  of  records  impounding 
and  returns  of  illegitimate  births,  or  abnormal  sex  births,  or  Clrth'^recorda. 
of  copies  of  such  records  in  the  office  of  the  state  secretary, 
shall  not  be  permitted  except  upon  proper  judicial  order,  or 
upon  request  of  a  person  seeking  his  own  birth  record,  or  his 
attorney,  parent,  guardian  or  conservator,  or  of  a  person 
whose  official  duties,  in  the  opinion  of  the  town  clerk  or  state 
secretary,  entitle  him  to  the  information  contained  therein, 
nor  shall  certified  copies  thereof  be  furnished  except  upon 
such  order,  or  the  request  of  such  person. 

Section  2.     Section  twelve  of  said  chapter  forty-six,  as  g.  l.  (Ter. 
appearing  in  the  Tercentenary  Edition,  is  hereb}^  amended  amend«i.^  ^^' 
by  inserting  after  the  word  "wedlock"  in  the  thirteenth  line 
the  words:  —  or  of  a  child  of  abnormal  sex,  —  so  as  to  read 
as  follows: — Section  12.     Except  as  hereinafter  provided.  Copies  of 
each  town  clerk  shall  forthwith  make  a  certified  copy  of  the  wrthslnd 
record  of  each  birth  and  death  recorded  during  the  previous  ^^^.ths,  etc 
month,  if  the  parents  of  the  child  born  or  the  deceased  were 
residents  of  any  other  town  in  the  commonwealth  or  in  any 
other  state  at  the  time  of  said  birth  or  death,  and  transmit  it 
to  the  clerk  of  the  town  where  such  parents  or  deceased  per- 
son were  so  resident,  stating  the  name  of  the  street  and  num- 
ber of  the  house,  if  any,  where  such  parents  or  deceased  per- 
son so  resided ;  and  the  clerk  of  a  town  in  the  commonwealth 
receiving  such  certified  copy,  or  certified  copies  of  births, 
marriages  or  deaths,  from  the  clerk  of  a  town  without  the 
commonwealth,  shall  record  the  same  and  transmit  to  the 
state  secretarj^  a  certified  copy  of  the  record  thereof.     No 
birth  record  of  a  child  born  out  of  wedlock  or  of  a  child  of 
abnormal  sex  shall  so  be  transmitted  to  any  other  city  or 
town.  Approved  March  4,  1937. 


Chap.  79 


An  Act  relative  to  the  designating  of  beneficiaries 
under  death  benefit  certificates  by  members  of 
certain  fraternal  benefit  societies. 

Be  it  enacted,  etc.,  asfolloius: 

Chapter   one   hundred   and   seventy-six   of   the   General  g  l.  (Ter 
Laws  is  hereby  amended  by  striking  out  section  twenty- etc!, 'amended. ' 
one,  as  most  recently  amended  by  chapter  one  hundred  and 
seventy  of  the  acts  of  nineteen  hundred  and  thirty-four, 
and  inserting  in  place  thereof  the  following :  —  Section  21 .  BeneSciariea. 


60  Acts,  1937.  —  Chap.  80. 

Death  benefits  shall  be  payable  to  any  beneficiary  desig- 
nated by  the  member;  provided,  that  the  society  may  by 
its  by-laws  make  restrictions  as  to  who  may  be  beneficiaries. 
Each  member  shall  have  the  right  to  change  his  beneficiary 
from  time  to  time  in  accordance  with  the  by-laws  of  the 
society;  and  no  beneficiary  shall  have  or  obtain  any  vested 
interest  in  said  benefits  until  the  same  have  become  due 
and  payable  upon  the  death  of  the  member.  No  contract 
under  this  chapter,  except  where  an  incorporated  charitable 
institution  or  home  is  made  a  beneficiary  in  accordance 
with  the  by-laws  of  the  society,  shall  be  valid  which  shall 
be  conditioned  upon  an  agreement  or  understanding  that 
the  person  to  whom  the  death  benefit  is  made  payable  shall 
pay  the  periodic  or  other  contributions  of  the  member. 

Approved  March  4,  1937. 


Chap.  80  An  Act  increasing  the  salary  of  the  mayor  of  the 

CITY    OF   CHELSEA. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  sixty-five  of  Part  II  of  chapter  six 
hundred  and  eighty  of  the  acts  of  nineteen  hundred  and 
eleven,  as  amended  by  section  one  of  chapter  one  hundred 
and  ninety-three  of  the  acts  of  nineteen  hundred  and  twenty- 
seven,  is  hereby  further  amended  by  striking  out,  in  the 
second  fine,  the  words  "thirty-five  hundred"  and  inserting 
in  place  thereof  the  words:  —  five  thousand,  —  and  by  strik- 
ing out,  in  the  twelfth  fine,  the  words  "annual  city"  and 
inserting  in  place  thereof  the  words:  —  biennial  municipal,  — 
so  as  to  read  as  follows :  —  Section  65.  The  salary  of  the 
mayor  shall  be  five  thousand  dollars  per  annum,  and  the 
salary  of  each  alderman  five  hundred  dollars  per  annum, 
except  that  in  case  of  a  vacancy  in  the  office  of  mayor 
the  president  of  the  board  of  aldermen  shall  be  entitled  to 
the  salary  of  mayor  while  performing  the  duties  of  mayor. 
These  salaries  shall  be  payable  in  equal  monthly  instal- 
ments. Upon  the  petition  of  at  least  twenty-five  per  cent 
of  the  aggregate  number  of  registered  voters  in  the  city, 
the  question  of  increasing  or  decreasing  the  salaries  of  the 
mayor  or  the  aldermen  shall  be  printed  upon  the  ballot  at 
the  next  biennial  municipal  election  in  substantially  the 
following  manner:  "Shall  the  salary  of  the  (mayor  or  alder- 
men) be  increased  or  decreased  to  (the  amount  petitioned 
for)  per  annum?"  and  if  the  vote  is  in  the  affirmative,  the 
increase  or  decrease  shall  take  effect  in  the  next  municipal 
year  thereafter.  The  members  of  the  school  committee  shall 
receive  no  salary. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  voters  of  the  city  of  Chelsea  at  the  biennial  municipal 
election  in  the  current  year  in  the  form  of  the  following 
question  which  shall  be  placed  upon  the  official  ballot  to  be 


YES 

Acts,  1937. —Chap.  81.  61 

used  at  said  election:  —  "Shall  an  act  passed  by  the  gen- 
eral court  in  the  year  nineteen  hundred  and 
thirty-seven,  entitled   'An  Act  Increasing  the 
Salary  of  the  Mayor  of  the  City  of  Chelsea', 
be  accepted?"     If  a  majority  of  the  votes  cast  on  said 
question  is  in  the  affirmative,  this  act  shall  thereupon  take 
effect,  but  not  otherwise.  Approved  March  4,  1937. 


An  Act  providing  for  the  appointment  of  the  city  Chap.  81 

SOLICITOR  OF  the  CITY  OF  CHELSEA  BY  THE  MAYOR,  SUB- 
JECT TO  THE  APPROVAL  OF  THE  BOARD  OF  ALDERMEN  OF 
SAID  CITY,  AND  TO  THE  REMOVAL  OF  SUCH  SOLICITOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifty-one  of  Part  II  of  chapter  six 
hundred  and  eighty  of  the  acts  of  nineteen  hundred  and 
eleven  is  hereby  amended  by  inserting  after  the  word  "alder- 
men" in  the  second  line  the  words:  — ,  a  city  solicitor, — 
so  as  to  read  as  follows :  —  Section  51 .  The  mayor  shall 
appoint,  subject  to  the  approval  of  the  board  of  aldermen,  a 
city  solicitor,  a  chief  of  police,  a  city  engineer,  who  shall  be 
superintendent  of  streets  and  sewers,  who  shall  have  the 
powers  of  surveyors  of  highways  and  all  the  powers  of 
road  commissioners  not  herein  otherwise  conferred;  a  chief 
engineer  of  the  fire  department;  a  superintendent  of  public 
buildings,  and  a  superintendent  of  fire  alarms.  Every  ad- 
ministrative officer  so  appointed  shall,  unless  sooner  removed, 
hold  office  until  his  successor  is  appointed  and  qualified.  Any 
officer  so  appointed  under  this  section  may  be  removed  by 
the  mayor,  for  such  cause  as  he  shall  deem  sufficient  and  shall 
assign  in  writing  in  his  order  of  removal,  and  the  removal 
shall  take  effect  upon  the  filing  of  the  order  in  the  office  of  the 
city  clerk  and  the  service  of  a  copy  of  such  order  upon  the 
officer  removed  either  personally  or  at  his  last  or  usual  place 
of  residence.  The  city  clerk  shall  keep  such  order  on  file  and 
subject  to  public  inspection. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Chelsea  at  the  biennial 
municipal  election  in  the  current  year  in  the  form  of  the 
following  question,  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  election:  "Shall  an  act  passed  by  the 
general  court  in  the  year  nineteen  hundred  and  thirty-seven, 
entitled  'An  act  providing  for  the  appointment  of  the  city 
solicitor  of  the  city  of  Chelsea  by  the  mayor,  subject  to  the 
approval  of  the  board  of  aldermen  of  said  city,  and  to  the 
removal  of  such  solicitor',  be  accepted?"  If  a  majority  of 
the  votes  cast  on  said  question  is  in  the  affirmative,  then  this 
act  shall  take  effect  on  the  first  Monday  of  January  in  the 
year  nineteen  hundred  and  thirty-eight,  but  not  otherwise. 

Approved  March  4,  1937. 


62  Acts,  1937.  —  Chaps.  82,  83,  84. 


Chap.  82  An  Act  relative  to  appropriations  by  the  town  of 

HARWICH    FOR   PUBLIC    AMUSEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  two  hundred  and 
seventy-two  of  the  acts  of  nineteen  hundred  and  twenty-nine, 
as  amended  by  section  one  of  chapter  twelve  of  the  acts  of 
nineteen  hundred  and  thirty,  is  hereby  further  amended  by 
striking  out,  in  the  first  and  second  lines,  the  words  "two 
thirds"  and  inserting  in  place  thereof  the  word:  —  majority, 
—  so  as  to  read  as  follows :  —  Section  1 .  The  town  of  Har- 
wich may,  by  a  majority  vote  at  any  annual  town  meeting, 
appropriate  a  sum  not  exceeding  twenty-five  hundred  dol- 
lars, to  be  expended  under  the  direction  of  the  selectmen,  for 
the  purpose  of  providing  amusements  or  entertainments  of  a 
public  character. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Appi'oved  March  5,  1937. 

Chap.  83  An  Act  relative  to  appropriations  by  the  town  of 

ORLEANS    for    PUBLIC    AMUSEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hundred  and 
fifty-eight  of  the  acts  of  nineteen  hundred  and  twenty-nine 
is  hereby  amended  by  striking  out,  in  the  first  line,  the  words 
"two  thirds"  and  inserting  in  place  thereof  the  word:  — 
majority,  —  so  as  to  read  as  follows:  —  Section  1.  The 
town  of  Orleans  may,  by  a  majority  vote,  appropriate  each 
year  a  sum  not  exceeding  twenty-five  hundred  dollars  for 
providing  amusements  or  entertainments  of  a  public  charac- 
ter. The  money  so  appropriated  by  the  town  shall  be  ex- 
pended under  the  direction  of  the  board  of  selectmen. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  1937. 

Chap.  84  An  Act  placing  under  the  civil  service  all  employees 
OF  the  state  superintendent  of  buildings. 

Be  it  enacted,  etc.,  as  follows: 

EdVa^fi  Section  1,    Chapter  eight  of  the  General  Laws  is  hereby 

etc., 'amended,  amended  by  striking  out  section  four,  as  most  recently 
amended  by  chapter  two  hundred  and  fifty-one  of  the  acts 
of  nineteen  hundred  and  thirty-five,  and  inserting  in  place 
^t'^^^^^^,1^^  thereof  the  following :  —  Section  4-  He  may  appoint  such 
clerks,  engineers,  electricians,  firemen,  oilers,  mechanics, 
watchmen,  elevator  operators,  porters,  cleaners  and  other 
persons  as  may  be  necessary  to  enable  him  to  perform  his 
duties.  Watchmen  appointed  hereunder  for  service  at  the 
state  house  or  on  the  grounds  thereof  shall  be  designated  as 
capitol  police  and  shall,  when  on  duty,  wear  and  display  a 


of  employees. 


Acts,  1937.  —  Chap.  85.  63 

metallic  badge  bearing  the  seal  of  the  commonwealth  and 
the  words  "Capitol  PoHce",  He  shall  be  responsible  for 
the  fitness  and  good  conduct  of  all  such  employees. 

Section  2.    The  offices  and  positions  of  all  employees  of  Certain  present 
the  superintendent  of  buildings  shall,  upon  the  effective  placed  under 
date  of  this  act,  become  subject  to  the  civil  service  laws  and  "^'^'^  service, 
rules  and  regulations,  and  the  tenure  of  office  or  employ- 
ment of   any  such  employee   shall  be  unlimited,  subject, 
however,  to  said  laws,  but  the  persons  holding  said  offices 
and  positions  on  said  effective  date  may  continue  to  serve 
therein  without  taking  a  civil  service  examination. 

Approved  March  5,  1937. 


An  Act  providing  for  one  day  off  in  every  seven  days  (JJiar)    85 

FOR  POLICE  OFFICERS  IN  CERTAIN  CITIES  AND  TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  forty-seven  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  sec-  ^ctlonYeA*"^ 
tion  sixteen,  as  appearing  in  the  Tercentenary  Edition,  the  added, 
following  new  section:  —  Section  16 A.     Except  in  Boston,  Onedayoff 
members  of  the  police  department  of  every  town  which  p^ucr^fficlrs. 
accepts  the  provisions  of  this  section  by  vote  of  its  city 
council  or  selectmen,  whether  or  not  section  fourteen,  fif- 
teen or  sixteen  has  theretofore  been  operative  therein,  shall 
be  excused  from  duty  for  one  day  out  of  every  seven  with- 
out loss  of  pay. 

Section  2.  Section  seventeen  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  forty-seven,  as  so  appearing,  is  hereby  amended  amend'eti'.'  ^  ^^' 
by  striking  out,  in  the  second  fine,  the  word  "three"  and 
inserting  in  place  thereof  the  word :  —  four,  —  and  by  in- 
serting after  the  word  "sixteen"  in  the  seventeenth  fine  the 
words:  — ,  or  fifty-two  in  each  year  in  a  town  subject  to 
section  sixteen  A,  —  so  as  to  read  as  follows:  —  Section  17.  Same  subject. 
The  time  and  manner  of  excusing  members  of  police  depart-  General 
ments  from  duty  in  any  town  subject  to  any  of  the  four 
preceding  sections  shall  be  determined  by  the  chief,  super- 
intendent or  other  officer  or  board  at  the  head  of  the  pohce 
department.  A  member  so  excused  shall  be  exempt  from 
duty  and  from  attendance  at  a  police  station  or  other  place, 
but  otherwise  shall  be  subject  to  all  laws,  rules  and  regula- 
tions relating  to  members  of  the  department  to  which  he 
belongs.  The  chief,  superintendent  or  other  officer  or  board 
at  the  head  of  the  police  department  of  any  such  town  may, 
in  case  of  any  public  emergency,  or  of  any  unusual  demand 
for  the  services  of  the  police  in  that  town,  prevent  any  mem- 
ber of  the  department  from  taking  the  day  off  at  the  time 
when  he  is  entitled  thereto,  or  at  the  time  assigned  there- 
for, provided  that  such  day  off  shall  be  granted  to  him  as 
soon  thereafter  as  is  practicable.  In  no  case  shall  the  num- 
ber of  such  days  off  be  less  than  twelve  in  each  year  in  a 
town  subject  to  section  fourteen,  or  twenty-four  in  each 


64  Acts,  1937.  —  Chaps.  86,  87. 

year  in  a  town  subject  to  section  fifteen,  or  forty-five  in 
each  year  in  a  town  subject  to  section  sixteen,  or  fifty-two 
in  each  year  in  a  town  subject  to  section  sixteen  A,  and 
they  shall  be  in  addition  to  any  annual  vacation  now  or 
hereafter  allowed  to  members  of  the  said  departments,  and 
such  annual  vacation  shall  not  be  diminished  on  account 
thereof.  Approved  March  5,  1937. 

Chap.  86  An  Act  relative  to  medical  attendance  furnished  to 

CERTAIN   NEEDY   PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Ed  x'  n^'i  19       Section  nineteen  of  chapter  one  hundred  and  seventeen  of 
amended.'       '  the  General  Laws,  as  appearing  in  the  Tercentenary  Edition, 

is  hereby  amended  by  adding  at  the  end  the  following  new 

paragraph :  — 
I^ttkmU?^^         No  town  shall  execute  a  contract  or  agreement  for  the 
not  to  bar         services  of  a  physician  which  excludes  attendance  upon  or 
recei^ng'^medi-  treatment  of  persous  having  no  legal  settlement  or  having  a 
cai  treatment,    jggal  Settlement  in  other  towns.       Approved  March  5, 1937. 

Chap.  87  An  Act  clarifying  the  law  in  regard  to  investment  in 

CERTAIN    BANK    STOCKS    BY    SAVINGS    BANKS    AND    SAVINGS 
DEPARTMENTS    OF   TRUST   COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Ed^)"  168 '■§  54  Clause  Seventh  of  section  fifty-four  of  chapter  one  hundred 
etc.. 'amended. '  and  sixty-eight  of  the  General  Laws,  as  amended  by  chapter 
two  hundred  and  twenty  of  the  acts  of  nineteen  hundred  and 
thirty-two,  is  hereby  further  amended  by  striking  out,  in  the 
fifth  line,  the  w^ord  "thereon"  and  inserting  in  place  thereof 
the  words :  —  on  its  capital  stock,  —  so  that  the  first  para- 
graph of  said  clause  will  read  as  follows :  — 
and  dl^ostts  ^^  ^^®  stock  of  a  trust  company  incorporated  under  the 

in  banks.  laws  of  and  doing  business  within  this  commonwealth,  or  in 

the  stock  of  a  national  banking  association  located  in  the 
New  England  states  and  incorporated  under  the  authority  of 
the  United  States,  which  has  paid  dividends  of  not  less  than 
four  per  cent  on  its  capital  stock  in  cash  in  each  of  the  five 
years  next  preceding  the  date  of  such  investment  and  the 
amount  of  whose  surplus  is  at  least  equal  to  fifty  per  cent  of 
its  capital;  but  a  savings  bank  shall  not  hold,  both  by  way 
of  investment  and  as  security  for  loans,  more  than  twenty- 
five  per  cent  of  the  stock  of  any  one  such  company  or  associa- 
tion, nor  shall  it  hold  by  way  of  investment  stock  of  such 
companies  and  associations  having  an  aggregate  initial  cost 
in  excess  of  fifteen  per  cent  of  the  deposits  of  such  savings 
bank,  or  stock  of  any  one  such  company  or  association  having 
an  initial  cost  in  excess  of  one  per  cent  of  the  deposits  afore- 
said, except  that  in  the  event  of  the  consolidation  or  merger 
of  such  companies  or  associations  or  of  one  or  more  such 
companies  with  one  or  more  such  associations  the  amount  of 


Acts,  1937.  —  Chaps.  88,  89.  65 

stock  of  the  consolidated  or  absorbing  company  or  associa- 
tion which  may  be  held  under  authority  hereof  may  be  in 
excess  of  one  per  cent  but  not  in  excess  of  two  per  cent  of  the 
deposits  aforesaid,  provided  the  stock  so  held  is  acquired  in 
exchange  for  stock  of  the  consolidating  or  merging  companies 
or  associations  which  is  owned  by  such  savings  bank  at  the 
time  of  consolidation  or  merger. 

Approved  March  5,  1937. 


Chap. 


An  Act  further  extending  the  time  during  which  the 
cities  of  lynn,  peabody,  salem  and  beverly  and  the 
town  of  danvers  may  take  water  from  the  ipswich 
river  for  emergency  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  one  hundred  and  fifteen  of  the 
Special  Acts  of  nineteen  hundred  and  nineteen,  as  most 
recently  amended  by  chapter  fifty  of  the  acts  of  nineteen 
hundred  and  thirty-three,  is  hereby  further  amended  by 
striking  out,  in  the  tw^elfth  to  fourteenth  lines,  inclusive,  the 
words  "nineteen  hundred  and  thirty-three,  nineteen  hundred 
and  thirty-four,  nineteen  hundred  and  thirty-five  and  nine- 
teen hundred  and  thirty-six"  and  inserting  in  place  thereof 
the  following:  —  nineteen  hundred  and  thirty-seven,  nine- 
teen hundred  and  thirty-eight  and  nineteen  hundred  and 
thirty-nine,  —  so  as  to  read  as  follows :  —  Section  1 .  The 
cities  of  Lynn,  Peabody,  Salem  and  Beverly  and  the  town  of 
Danvers,  authorized  to  take  water  from  the  Ipswich  river 
or  its  tributaries  during  the  months  from  December  to  May, 
inclusive,  under  the  provisions  of  chapter  five  hundred  and 
eight  of  the  acts  of  nineteen  hundred  and  one  and  chapters 
six  hundred  and  ninetj^-eight,  six  hundred  and  ninety-nine 
and  seven  hundred  of  the  acts  of  nineteen  hundred  and 
thirteen,  are  hereby  further  authorized,  in  case  of  emergency, 
to  take  water  from  said  river  or  its  tributaries  during  the 
months  from  June  to  November,  inclusive,  in  the  years  nine- 
teen hundred  and  thirty-seven,  nineteen  hundred  and  thirty- 
eight  and  nineteen  hundred  and  thirty-nine,  or  any  of  said 
years,  in  quantities  not  exceeding  those  which  may  be  taken 
from  December  to  May,  inclusive,  as  set  forth  in  said  acts, 
whenever,  in  the  opinion  of  the  department  of  public  health, 
the  taking  of  water  during  the  months  aforesaid  in  the  years 
mentioned,  or  any  of  them,  is  necessary  to  provide  an  ade- 
quate water  supply  for  the  cities  and  town  herein  mentioned, 
subject  otherwise  to  the  remaining  provisions  of  said  acts. 

Approved  March  5,  1937. 

An  Act  relative  to  hunting  within  the  boundaries  of  QJku)    gg 

CERTAIN  public  LANDS.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  one  hundred  and  nine  of  chapter  one  g.  l.  (Tcr. 
hundred  and  thirty-one  of  the  General  Laws,  as  most  re-  ft'^i^amlndid!'* 


66  Acts,  1937.  —  Chap.  89. 

cently  amended  by  section  one  of  chapter  one  hundred  and 
thirty-eight  of  the  acts  of  nineteen  hundred  and  thirty-six, 
is  hereby  further  amended  by  striking  out,  in  the  twenty- 
second  to  the  twenty-fourth  lines,  the  words  "in  any  state 
reservation  subject  to  section  one  hundred  and  fourteen 
except  as  provided  therein"  and  inserting  in  place  thereof 
the  words :  —  within  the  boundaries  of  any  public  lands 
subject  to  section  one  hundred  and  fourteen,  —  and  by  in- 
serting after  the  word  "killing"  in  the  thirty-second  line 
the  following  new  sentence :  —  This  section  shall  not  author- 
ize the  hunting  of  deer  in  any  state  forest  reservation  or  any 
state  park  or  reservation  under  the  control  of  the  division 
of  parks  of  the  department;  but  the  hunting  of  deer  in  any 
such  reservation  or  park  shall  be  authorized  during  the 
whole  or  any  part  of  the  open  season  for  deer  provided  by 
this  section,  if  and  as  permitted  by  regulations  made  by 

ki?Xer^°"      the  commissioner,  —  so  as  to  read  as  follows:  —  Section  109. 

Penalty.  Subjcct  to  the  restrictions  and  provisions  hereinafter  con- 

tained, any  person  duly  authorized  to  hunt  in  the  common- 
wealth may  hunt  a  deer,  by  the  use  of  a  shotgun  or  bow  and 
arrow,  in  all  coimties  except  Dukes,  between  one  half  hour 
before  sunrise  and  one  half  hour  after  sunset  of  each  day 
beginning  with  the  first  Monday  in  December  and  ending 
with  the  following  Saturday,  and  in  any  or  all  of  the  coun- 
ties of  Berkshire,  Franklin,  Hampden  and  Hampshire,  if  the 
additional  hunting  period  hereinafter  specified  is  authorized 
in  such  county  or  counties  by  the  director,  as  evidenced  by 
an  order  filed  in  his  office  and  advertised  in  a  newspaper  or 
newspapers  published  in  such  county  or  counties  not  less 
than  ten  days  prior  to  the  first  Monday  in  December,  be- 
tween one  half  hour  before  sunrise  and  one  half  hour  after 
sunset  of  each  day,  beginning  with  the  second  Monday  in 
December  and  ending  with  the  following  Saturday.  No 
person  shall,  except  as  provided  in  the  preceding  section, 
kill  more  than  one  deer.  No  deer  shall  be  hunted  on  land 
posted  in  accordance  with  section  one  hundred  and  twenty- 
three,  or  on  land  under  control  of  the  metropolitan  district 
commission,  or  within  the  boundaries  of  any  public  lands 
subject  to  section  one  hundred  and  fourteen.  No  person 
shall  make,  set  or  use  any  trap,  torch  light  or  jack  light, 
salt  lick  or  other  device  for  the  purpose  of  ensnaring,  en- 
ticing, taking,  injuring  or  killing  a  deer.  No  person  shall 
use  or  carry  on  his  person  an  arrow  adapted  for  hunting 
purposes  unless  it  is  plainly  marked  with  his  name  and 
permanent  address.  Whoever  wounds  or  kills  a  deer  shall, 
within  forty-eight  hours  thereafter,  send  to  the  director  a 
written  report,  signed  by  him,  of  the  facts  relative  to  the 
wounding  or  killing.  This  section  shall  not  authorize  the 
hunting  of  deer  in  any  state  forest  reservation  or  any  state 
park  or  reservation  under  the  control  of  the  division  of 
parks  of  the  department;  but  the  hunting  of  deer  in  any  such 
reservation  or  park  shall  be  authorized  during  the  whole  or 
any  part  of  the  open  season  for  deer  provided  by  this  sec- 


Acts,  1937. —Chap.  90.  67 

tion,  if  and  as  permitted  by  regulations  made  by  the  commis- 
sioner. Whoever  violates  any  provision  of  this  section  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than 
one  hundred  dollars. 

Section  2.  Said  chapter  one  hundred  and  thirty-one  is  o.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  one  hun-  fii4,imended. 
dred  and  fourteen,  as  appearing  in  the  Tercentenary  Edi- 
tion, and  inserting  in  place  thereof  the  following:  —  Section  Hunting  on 
114.  No  person  shall  hunt,  or  in  any  manner  molest  or  ?e"g''uiatl*d.'^* 
destroy  any  bird  or  mammal  within  the  boundaries  of  any 
state  reservation,  park,  common  or  any  land  owned  or 
leased  by  the  commonwealth  or  any  political  subdivision 
thereof  or  any  land  held  in  trust  for  public  use,  except  that 
the  authorities  or  persons  having  the  control  and  charge 
of  such  reservations,  parks,  commons  or  other  lands  may, 
with  such  limitations  as  they  may  deem  advisable,  author- 
ize persons  to  hunt  within  said  boundaries  any  of  the  birds 
named  in  section  seventy-seven,  or  the  fur- bearing  mam- 
mals, except  muskrats,  mentioned  in  section  ninety-seven, 
or  foxes,  weasels  or  wildcats.  Such  an  authorization  shall 
be  by  written  license,  revocable  at  the  pleasure  of  the 
authorities  or  persons  granting  it.  The  boards,  officials  and 
persons  having  charge  of  such  reservations,  parks,  commons 
or  lands  owned  or  leased  or  held  for  pubHc  use  shall  enforce 
this  section. 

This  section  shall  not  apply  to  state  forests  acquired 
under  section  thirty  or  thirty-three  of  chapter  one  hundred 
and  thirty-two  or  any  other  provision  of  law,  or  to  state 
parks  and  reservations  under  the  control  of  the  division  of 
parks  of  the  department.  Approved  March  5,  1937. 


An  Act  further  regulating  the  use  of  the  market  (JJiap,  90 

LIMITS    OF   the    city   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eight  of  chapter  five  hundred  and 
eighty-four  of  the  acts  of  nineteen  hundred  and  seven,  as 
amended  by  section  one  of  chapter  five  hundred  and  nine- 
teen of  the  acts  of  nineteen  hundred  and  eight,  is  hereby 
further  amended  by  striking  out,  in  the  twelfth  to  the  seven- 
teenth lines,  inclusive,  the  words  "or  of  a  farm  within  ten 
miles  of  the  residence  of  such  person;  or  are  to  be  sold  at 
wholesale  only  by  the  party  offering  the  same  for  sale  on 
commission,  for,  or  as  agent  for,  some  person  or  persons  not 
residing  or  having  a  usual  place  of  business  within  eight 
miles  of  said  market ; ",  —  by  striking  out,  in  the  twenty-ninth 
line,  the  words  "drawn  by  horses",  —  and  by  adding  at  the 
end  thereof  the  following: — Nothing  in  this  section  shall 
prevent  the  owner  of  a  farm  from  allowing  a  person  or  per- 
sons solely  employed  by  him  to  sell  the  products  of  such 
farm,  —  so  as  to  read  as  follows:  —  Section  8.  Requirements 
and  prohibitions  contained  in  this  act  or  elsewhere  to  the 


68  Acts,  1937. —Chap.  91. 

contrary  notwithstanding,  it  shall  be  lawful  to  occupy  with- 
out license  or  fee  places  in  the  streets,  not  including  side- 
walks, within  the  limits  of  Faneuil  Hall  Market,  as  the  same 
are  or  may  be  defined  in  the  ordinances  of  the  city  of  Boston, 
and  other  market  limits  added  under  authority  of  chapter 
three  hundred  and  seventy-six  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-six,  for  the  sale  from  wagons  or  other 
vehicles  of  fresh  provisions  and  perishable  produce:  'pro- 
vided, that  the  same  are  the  product  of  the  farm  of  the  per- 
son offering  them  for  sale,  or  are  meats  to  be  sold  at  wholesale 
only  by  the  person  who  slaughtered  the  animals  of  which 
the  same  were  a  part.  It  shall  also  be  lawful  for  persons 
who  are  the  principal  tenants  of  basement  or  of  ground-floor 
parts  of  buildings  abutting  on  streets  within  the  market 
limits,  as  they  have  been  declared  or  defined  by  the  street 
commissioners  of  the  city  of  Boston,  and  who  are  regularly 
engaged  in  the  business  of  selling  fresh  provisions  or  perish- 
able produce  to  occupy,  from  time  to  time,  by  themselves 
or  their  employees,  without  license  or  fee,  for  the  sale  of 
said  goods  at  wholesale  and  not  by  auction,  parts  of  the 
roadway  in  front  of  their  respective  premises  with  vehicles, 
and  in  like  manner  to  occupy  parts  of  the  roadway  in  front 
of  the  premises  of  other  persons  engaged  in  the  same  busi- 
ness within  said  limits  for  the  purpose  of  selling  to  them  or 
of  offering  to  them  for  sale  said  goods  under  the  conditions 
described  in  this  section;  provided,  however,  that  such  per- 
sons offer  no  objection.  Occupations  under  authority  of 
this  section  shall  be  only  in  accordance  with  rules  and  regu- 
lations established  from  time  to  time  by  the  street  commis- 
sioners of  the  city  of  Boston,  the  police  commissioner  of  the 
city  of  Boston  concurring,  for  the  purpose  of  securing  the 
orderly  and  convenient  transaction  of  business  and  the  free 
passage  of  vehicles  and  of  foot  passengers  within  and  through 
said  limits;  and  in  so  far  as  they  shall  deem  proper  the  said 
street  commissioners,  the  police  commissioner  concurring, 
may  further  allow  tenants  to  occupy  temporarily  with  goods 
parts  of  sidewalks  in  front  of  their  respective  premises  addi- 
tional to  such  parts  as  may  be  specified  in  licenses  issued 
to  them  by  the  street  commissioners.  Nothing  in  this  sec- 
tion shall  prevent  the  owner  of  a  farm  from  allowing  a  per- 
son or  persons  solely  employed  by  him  to  sell  the  products 
of  such  farm. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  11,  1937. 

Chap.  91  An  Act  relative  to  the  term  of  certain  licenses  for 

THEATRICAL     AND     LIKE     EXHIBITIONS     IN     THE     CITY     OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  license  to  be  exercised  in  a  building  li- 
censed as  a  theatre  issued,  after  the  date  of  passage  of  this 
act,  for  a  theatrical  season  under  the  provisions  of  section 


Acts,  1937. —Chaps.  92,  93.  69 

one  of  chapter  four  hundred  and  ninety-four  of  the  acts  of 
nineteen  hundred  and  eight,  as  amended,  shall  expire  on 
the  thirty-first  day  of  December  of  the  year  during  the 
whole  or  a  portion  of  which  it  is  to  be  exercised. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  11,  1937. 

An  Act  abolishing  the  Swansea  fire  and  water  district.  Chap.  92 
Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  Swansea  Fire  and  Water  District,  es- 
tablished by  chapter  three  hundred  and  seventeen  of  the 
acts  of  nineteen  hundred  and  thirty-three  and  enlarged  by 
chapter  three  hundred  and  fifty-nine  of  the  acts  of  said  year, 
is  hereby  abolished. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  11,  1937. 

An  Act  changing  the  period  of  the  operating  year  in  (JJidj)    93 
connection  with  the  operation  and  maintenance  of 
the  sumner  tunnel  in  the  city  of  boston. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  eleven  of  chapter  two  hundred  and 
ninety-seven  of  the  acts  of  nineteen  hundred  and  twenty- 
nine,  as  amended  by  section  one  of  chapter  seventy-four 
of  the  acts  of  nineteen  hundred  and  thirty-five,  is  hereby 
further  amended  by  striking  out,  in  the  eleventh  line,  the 
word  "March"  and  inserting  in  place  thereof  the  word:  — 
December,  —  so  as  to  read  as  follows :  —  Section  11.  If  at 
any  time  during  the  operation  of  the  tunnel  the  receipts 
from  tolls  and  charges  as  established  under  section  nine  or 
twelve  are  insufficient  to  meet  the  operating  costs,  including 
for  sinking  fund  requirements,  however,  only  such  amount 
as  is  required  by  section  eight,  the  treasurer  of  the  city  is 
hereby  authorized  and  directed  to  make  payments  on  ac- 
count of  the  same  from  any  funds  in  the  treasury  of  the 
city,  including  temporary  tax  loan  funds  but  excluding  trust 
funds.  If  for  any  year  ending  on  the  last  day  of  December 
the  operating  costs,  including  for  sinking  fund  requirements, 
however,  only  such  amount  as  is  required  by  section  eight, 
exceed  the  receipts  from  such  tolls  and  charges,  the  said 
treasurer  shall  notify  the  assessors  of  the  city  of  the  amount 
of  such  excess  and  the  same  amount  shall  be  added  to  the 
amount  to  be  raised  by  the  city  in  the  next  annual  tax  levy. 
Any  such  amount  shall  be  in  excess  of  the  limit  imposed  by 
law  on  the  amount  to  be  raised  for  municipal  purposes  by 
taxation  in  said  city. 

Section  2.  Section  twelve  of  said  chapter  two  hundred 
and  ninety-seven,  as  most  recently  amended  by  section  four 
of  chapter  four  hundred  and  fifty-five  of  the  acts  of  nine- 
teen hundred  and  thirty-five,  is  hereby  further  amended 


70  Acts,  1937. —Chap.  93. 

by  striking  out,  in  the  second  line,  the  word  ''March"  and 
inserting  in  place  thereof  the  word :  —  December,  —  so  as 
to  read  as  f ollows :  —  >Sed2on  12.  Whenever  as  of  the  last 
day  of  December  in  any  year  the  receipts  from  tolls  and 
charges  as  established  under  section  nine  or  under  this  sec- 
tion exceed  the  operating  costs,  excluding  for  this  purpose 
interest  and  sinking  fund  requirements  in  respect  of  the 
said  three  million  dollars  of  bonds  and  in  respect  of  the  said 
six  hundred  thousand  dollars  of  bonds,  but  including  sink- 
ing fund  requirements  in  respect  of  the  said  sixteen  million 
dollars  of  bonds  on  a  basis  of  the  payment  of  all  of  the  said 
sixteen  million  dollars  of  bonds  at  the  expiration  of  twenty 
years  after  their  respective  dates,  said  excess  shall  be  trans- 
ferred to  the  general  funds  of  the  city  so  far  as  necessary 
to  reimburse  it  for  any  amounts  raised  by  taxation  under 
section  eleven,  exclusive  of  any  amounts  so  raised  for  in- 
terest or  sinking  fund  requirements  in  respect  of  the  said 
three  million  dollars  of  bonds  and  in  respect  of  the  said  six 
hundred  thousand  dollars  of  bonds.  If  any  such  excess 
occurs  after  the  city  shall  have  been  reimbursed  in  full  for 
all  amounts  so  raised  by  taxation,  exclusive  of  amounts  for 
interest  and  sinking  fund  requirements  in  respect  of  the 
said  three  million  dollars  of  bonds  and  of  the  said  six 
hundred  thousand  dollars  of  bonds,  the  public  works  depart- 
ment shall,  subject  to  the  provisions  of  section  nine,  estab- 
lish a  reduced  schedule  of  tolls  and  charges,  sufficient,  how- 
ever, to  meet  the  operating  costs;  provided,  however,  that 
until  all  of  the  said  three  million  dollars  of  bonds  and 
of  the  said  six  hundred  thousand  dollars  of  bonds,  shall 
become  payable,  whether  at  their  final  maturity  or  when 
called  as  hereinbefore  provided,  of  such  excess  not  so  needed 
for  such  reimbursement  so  much  thereof  as  shall  be  required 
for  the  payment  of  the  interest  and  principal  of  the  said 
three  million  dollars  of  bonds  shall  be  paid  into  said  first 
supplemental  sinking  fund  to  be  applied  by  the  treasurer 
to  the  payment  of  the  interest  and  principal  of  the  said  three 
million  dollars  of  bonds,  on  a  basis  of  the  payment  of  all  of 
the  said  three  million  dollars  of  bonds  at  the  expiration  of 
twenty  years  after  their  respective  dates,  and  the  remainder 
of  such  excess  shall  be  paid  into  such  second  supplemental 
sinking  fund  to  be  applied  by  the  treasurer  to  the  payment 
of  the  interest  and  principal  of  the  said  six  hundred  thou- 
sand dollars  of  bonds.  In  case  it  shall  be  determined  that 
all  of  such  excess  cannot  be  so  paid  without  impairing  rights 
secured  by  the  constitution  of  the  United  States  to  holders 
of  any  of  the  said  sixteen  million  dollars  of  bonds  heretofore 
sold  and  paid  for  or  to  holders  of  any  of  the  said  three  million 
dollars  of  bonds  heretofore  sold  and  paid  for,  then  to  the 
extent  that  such  excess  can  be  so  paid  without  such  impair- 
ment, so  much  thereof  as  may  be  required  for  interest  and 
sinking  fund  requirements  in  respect  of  the  said  three  mil- 
lion dollars  of  bonds  on  a  basis  of  the  payment  thereof  at 
the  expiration  of  twenty  years  after  their  respective  dates 


Acts,  1937.  —  Chap.  94.  71 

shall  be  paid  into  the  said  first  supplemental  sinking  fund  and 
the  remainder  shall  be  paid  into  the  second  supplemental 
sinking  fund  as  hereinbefore  provided.  If  the  amounts  so 
directed  to  be  contributed  to  the  said  first  and  second  sup- 
plemental sinking  funds  shall  be  more  than  necessary  to 
meet  the  interest  on  the  said  three  million  dollars  of  bonds 
and  on  the  said  six  hundred  thousand  dollars  of  bonds  and 
to  retire  the  principal  thereof  at  the  expiration  of  twenty 
years  after  their  respective  dates,  the  public  works  depart- 
ment shall  establish  the  said  reduced  schedule  as  hereinbefore 
provided. 

Section  3.  Reference  in  section  one  to  "any  year  ending 
on  the  last  day  of  December"  shall  mean  the  nine  month 
period  between  the  last  day  of  March  and  the  last  day  of 
December  in  the  year  nineteen  hundred  and  thirty-six,  as 
well  as  each  calendar  year  beginning  with  the  calendar  year 
nineteen  hundred  and  thirty-seven. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  11,  1937. 


An  Act  repealing  provisions  of  law  permitting  ap-  Chap.  94 

PLICANTS    FOR    REGISTRATION    AS    BARBERS    TO    PRACTICE 
BARBERING   PENDING  REGISTRATION. 

Be  it  enacted,  etc.,  as  folloivs: 

The  second  paragraph  of  section  eighty-seven  H  of  chap-  g.  l.  (Ter. 
ter  one  hundred  and  twelve  of  the  General  Laws,  as  most  f gyHlet'c, 
recently  amended  by  section  one  of  chapter  three  hundred  amended, 
and  fourteen  of  the  acts  of  nineteen  hundred  and  thirty-six, 
is  hereby  further  amended  by  striking  out,  in  the  first  to 
the  seventh  lines,  the  words  "Each  person  making  appli- 
cation for  examination  hereunder  shall  be  allowed  to  prac- 
tice the  occupation  of  barbering  until  the  next  meeting  of 
the  board,  and  the  board  shall  grant  without  charge  a  per- 
mit authorizing  him  to  practice  such  occupation  until  such 
next  meeting;  provided,  that  the  board  may,  in  its  discre- 
tion, extend  such  permits  until  the  date  of  a  subsequent 
meeting  of  the  board",  —  by  striking  out,  in  the  sixteenth 
to  the  nineteenth  lines,  the  words  "A  new  temporary  permit 
shall  be  issued  for  each  re-examination  fee  paid.  No  ap- 
plicant for  registration  who  has  filed  an  application  and  holds 
a  temporary  permit,  and  no"  and  inserting  in  place  thereof 
the  word :  —  No,  —  and  by  striking  out  the  comma  after 
the  word  "barber"  in  the  twentieth  line,  —  so  as  to  read 
as  follows :  —  Any  applicant  failing  to  pass  an  examination  Re-exami- 
satisfactory  to  the  board  shall  thereafter  be  entitled  to  re-  appUc"ant8. 
examination  by  payment  of  a  fee  of  five  dollars  and  by  filing 
a  re-examination  application  upon  a  form  furnished  by  the 
board,  but  two  re-examinations  shall  exhaust  his  privilege 
under  his  original  application,  and  if  he  fails  to  apply  for 
re-examination  within  one  j^ear  after  his  original  examina- 
tion, or  to  appear  for  re-examination  when  notified  so  to  do, 


72 


Acts,  1937.  —  Chaps.  95,  96. 


his  re-examination  privilege  for  such  original  application 
shall  be  forfeited.  No  person  who  holds  a  card  as  an  ap- 
prentice barber  shall  be  permitted  to  open  and/or  to  operate 
a  barber  shop  until  he  has  successfully  passed  the  required 
examination  and  obtained  a  certificate  of  registration.  Be- 
fore any  registered  barber  opens  a  barber  shop  he  shall  apply 
to  the  board  for  the  inspection  and  approval  thereof,  and 
the  board  shall  collect  a  fee  of  five  dollars  for  each  such  in- 
spection. Approved  March  11,  1937. 


Chav.  95  An  Act  relative  to  the  licensing  of  dog  kennels  in 

CASE  OF  THEIR  REMOVAL  TO  OTHER  MUNICIPALITIES  WITHIN 
THE    SAME   COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  thirty-seven  A  of  chapter  one 
hundred  and  forty  of  the  General  Laws,  inserted  by  section 
three  of  chapter  three  hundred  and  twenty  of  the  acts  of 
nineteen  hundred  and  thirty-four,  is  hereby  amended  by 
adding  at  the  end  the  following  new  paragraph :  — 

Any  holder  of  a  license  for  a  kennel  in  any  town  may  re- 
move his  kennel  to  a  location  in  any  other  town  in  the  same 
county,  with  the  written  approval  of  such  new  location  of 
the  mayor  or  selectmen  of  the  town  to  which  he  removes 
his  kennel.  Before  such  removal  he  shall  deliver  to  the 
clerk  of  the  town  into  which  he  intends  to  remove  his  kennel 
the  written  approval  of  the  mayor  or  selectmen  thereof  and 
his  original  license,  and  the  clerk  shall  thereupon,  on  pay- 
ment of  a  fee  of  one  dollar,  issue  to  him  a  new  license  cover- 
ing the  new  location  for  the  balance  of  the  period  of  the 
original  license.  Approved  March  11,  1937. 


G.  L.  (Ter. 
Ed.),  140, 
§  137A,  etc., 
amended. 


Kennel 
licenses, 
transfer  of. 


Chap,  96  An  Act  relative   to   the   maturity  date   of   certain 

PUBLIC  utility  BONDS  WHICH  ARE  LEGAL  INVESTMENTS 
FOR  SAVINGS  BANKS  AND  SAVINGS  DEPARTMENTS  OF  TRUST 
COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Clause  Sixth  A  of  section  fifty-four  of  chapter  one  hun- 

Send^^.'  ^  ^*'  dred  and  sixty-eight  of  the  General  Laws,  as  appearing  in 
the  Tercentenary  Edition,  is  hereby  amended  by  striking 
out  in  the  first  line  the  word  "thirty"  and  inserting  in  place 
thereof  the  word :  —  forty,  —  so  that  the  first  paragraph  of 
said  clause  will  read  as  follows: —  In  the  bonds,  maturing 
not  later  than  forty  years  subsequent  to  such  investment, 
issued  or  assumed  by  any  corporation  incorporated  under 
the  laws  of  the  United  States  or  of  any  state  thereof  which 
is  operating  under  the  supervision  of  a  public  service  or 
other  similar  commission  of  the  United  States  or  of  any 
state  thereof  exercising  regulatory  jurisdiction  therein  and 
is  engaged  in  the  sale  and  distribution  of  electricity,  or  in 
such  sale  and  distribution  and  also  in  some  other  form  of 


Public  service 

company 

securities. 


Acts,  1937.  —  Chaps.  97,  98.  73 

public  service  enterprise,  or  in  the  manufacture  and  dis- 
tribution of  artificial  gas,  or  in  the  sale  or  distribution,  of 
natural  gas  supplied  in  substitution  for  or  in  mixture  with 
artificial  gas,  but  in  no  case  shall  the  bonds  of  any  company- 
engaged  in  the  sale  or  distribution  of  natural  gas  become  a 
legal  investment  unless  said  company  maintains  at  all  times 
full  facilities  for  the  manufacture  of  artificial  gas  in  quanti- 
ties sufficient  to  supply  the  normal  demand,  and  is  doing 
at  least  eighty  per  cent  of  its  business  within  the  territorial 
limits  of  the  United  States;   provided,  that  — 

Approved  March  11,  1937. 


An  Act  relative  to  the  fees  for  recording  instru-  QJi^jj    97 

MENTS    OF   TAKING    FOR    NON-PAYMENT   OF   TAXES.  ^' 

Be  it  enacted,  etc.,  as  follows: 

The  second  paragraph  of  section  thirty-eight  of  chapter  g.  l.  (Ter. 
two  hundred  and  sixty-two  of  the  General  Laws,  as  appear-  amende^d.'  ^  ^^' 
ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  add- 
ing at  the  end  the  words :  —  The  fee  for  recording  an  instru- 
ment of  taking  of  land  for  non-payment  of  taxes  shall  be 
one  dollar,  —  so  as  to  read  as  follows :  — 

For  entering  and  recording  any  paper,  certifying  the  same  Certain  fees 
on  the  original,  and  indexing  it,  and  for  all  other  duties  ofdeeds?'^'' 
pertaining  thereto,  including,  when  a  marginal  reference  or 
references  are  required,  one  such  reference,  one  dollar.  If 
the  paper  contains  more  than  one  page,  at  the  rate  of  forty- 
five  cents  for  each  page  after  the  first;  provided,  that  if 
the  paper  contains  the  names  of  more  than  two  parties 
thereto,  other  than  the  husband  or  wife  of  the  grantor  or 
grantee,  an  additional  fee  of  ten  cents  each  shall  be  charged 
for  indexing  the  names  of  additional  grantors  or  grantees 
or  other  parties  thereto.  The  minimum  fee  for  recording 
a  deed  or  conveyance  or  a  mortgage  shall  be  two  dollars. 
The  fee  for  recording  an  instrument  of  taking  of  land  for 
non-payment  of  taxes  shall  be  one  dollar. 

Approved  March  11,  1937. 

An  Act  relative  to  the  investment  and  disbursement  (JJiar)    98 

OF  funds  IN  the  hands  OF  THE  TRUSTEES  OF  THE  BURLEY 
education   FUND    IN   IPSWICH, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Trustees  of  the  Burley  Education  Fund 
in  Ipswich,  incorporated  by  chapter  twelve  of  the  acts  of 
eighteen  hundred  and  twenty-five,  shall  cause  all  sums  of 
money,  including  all  accumulations  of  income  and  all  pro- 
ceeds from  property,  which  have  or  may  hereafter  come  into 
their  hands  to  be  placed  at  interest  in  savings  banks  or  co- 
operative banks  within  the  commonwealth  or  to  be  invested 
in  bonds  or  notes  of  the  commonwealth  or  of  the  town  of 
Ipswich,  and  whenever  the  principal  of  said  sums,  including 


74  Acts,  1937.  —  Chap.  99. 

said  accumulations  and  proceeds,  exceeds  five  thousand  dol- 
lars, any  portion  of  any  excess  over  five  thousand  dollars 
may,  in  the  discretion  of  the  trustees,  be  appropriated  to 
the  purposes  authorized  by  said  chapter  twelve;  provided, 
that  nothing  in  this  act  shall  prevent  said  trustees  from 
investing  and  expending  any  donations  made  to  them  in 
accordance  with  the  directions  of  the  donor. 

Section  2.  Whatever  authority  or  right  is  granted  or 
conferred  by  this  act  is  hereby  declared  to  be  limited  to 
such  authority  or  right  as  the  general  court  may  constitu- 
tionally grant  or  confer. 

Section  3.  This  act  shall  not  take  full  effect  until  it 
shall  have  been  accepted  on  the  part  of  the  town  of  Ipswich, 
by  vote  of  a  majority  of  the  legal  voters  of  the  town  present 
and  voting  thereon  at  an  annual  or  special  town  meeting; 
and,  on  the  part  of  the  Trustees  of  the  Burley  Education 
Fund  in  Ipswich,  by  vote  of  said  trustees,  and  a  certified 
copy  of  said  last  mentioned  vote  shall  have  been  filed  with 
the  clerk  of  said  town  and  with  the  state  secretary. 

Approved  March  11,  1937. 

Chap.    99  -^N  ^CT  RELATIVE  TO  THE  MAKING,  DRAWING,  UTTERING  AND 
DELIVERY  OF  FRAUDULENT  CHECKS,  DRAFTS  AND  ORDERS. 

Be  it  enacted,  etc.,  as  follows: 

EdV'  266'^s  37  Chapter  two  hundred  and  sixty-six  of  the  General  Laws  is 
amended.'  '  hereby  amended  by  striking  out  section  thirty-seven,  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 
Drawing-etc-.  thcrcof  the  followiug: — Section  37.  Whoever,  with  in- 
lent  checks.  tent  to  defraud,  makes,  draws,  utters  or  delivers  any  check, 
draft  or  order  for  the  payment  of  money  upon  any  bank  or 
other  depositary,  with  knowledge  that  the  maker  or  drawer 
has  not  sufficient  funds  or  credit  at  such  bank  or  other  de- 
positary for  the  payment  of  such  instrument,  although  no 
express  representation  is  made  in  reference  thereto,  shall  be 
guilty  of  attempted  larceny,  and  if  money  or  property  is 
obtained  thereby  shall  be  guilty  of  larceny.  As  against  the 
maker  or  drawer  thereof,  the  making,  drawing,  uttering  or 
delivery  of  such  a  check,  draft  or  order,  payment  of  which 
is  refused  by  the  drawee,  shall  be  prima  facie  evidence  of 
intent  to  defraud  and  of  knowledge  of  insufficient  funds  in, 
or  credit  with,  such  bank  or  other  depositary,  unless  the 
maker  or  drawer  shall  have  paid  the  holder  thereof  the 
amount  due  thereon,  together  with  all  costs  and  protest 
fees,  within  two  days  after  receiving  notice  that  such  check, 
draft  or  order  has  not  been  paid  by  the  drawee.  The  word 
"credit",  as  used  herein,  shall  be  construed  to  mean  an 
arrangement  or  understanding  with  the  bank  or  depositary 
for  the  payment  of  such  check,  draft  or  order. 

Approved  March  11,  1937. 


Acts,  1937.  —  Chap.  100.  75 


An  Act  authorizing  the  county  commissioners  of  the  (Jfid-r)  \QQ 

COUNTY  OF  NORFOLK  TO  PROVIDE  ADEQUATE  ACCOMMO- 
DATIONS  FOR  THE  DISTRICT  COURT  OF  EAST  NORFOLK  AT 
QUINCY  AND  FOR  THE  DISTRICT  COURT  OF  NORTHERN 
NORFOLK   AT   DEDHAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  providing  adequate  court 
house  accommodations  and  faciUties  for  the  district  court 
of  east  Norfolk,  the  county  commissioners  of  Norfolk  county 
may  construct  and  originally  furnish  and  equip  additions 
to  the  district  court  house  at  Quincy,  and,  for  the  purpose 
of  providing  such  accommodations  and  facilities  for  the 
district  court  of  northern  Norfolk,  said  commissioners  may 
take  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws,  or  acquire  by  purchase  or  otherwise,  such 
land  in  Dedham  as  may  be  necessary  and  may  erect  on  such 
land  a  suitable  building  for  said  court  and  may  equip  and 
furnish  the  same. 

Section  2.  For  the  purposes  aforesaid,  the  treasurer 
of  said  county,  with  the  approval  of  the  county  commis- 
sioners, may  borrow  upon  the  credit  of  the  county,  such 
sums  as  may  be  necessary,  not  exceeding,  in  the  aggregate, 
two  hundred  and  fifty  thousand  dollars,  and  may  issue  bonds 
or  notes  of  the  county  therefor,  which  shall  bear  on  the  face 
the  words,  Norfolk  County  District  Court  House  Loan,  Act 
of  1937.  Each  authorized  issue  shall  constitute  a  separate 
loan  and  such  loans  shall  be  payable  not  more  than  five 
years  from  their  dates.  The  bonds  or  notes  shall  be  signed 
by  the  county  treasurer  and  countersigned  by  a  majority 
of  the  county  commissioners.  The  county  may  sell  the  said 
securities  at  public  or  private  sale,  upon  such  terms  and 
conditions  as  the  county  commissioners  may  deem  proper, 
but  not  for  less  than  their  par  value.  Lidebtedness  incurred 
hereunder  shall,  except  as  herein  provided,  be  subject  to 
chapter  thirty-five  of  the  General  Laws. 

Section  3.  The  county  treasurer,  with  the  approval  of 
the  county  commissioners,  may  issue  temporary  notes  of 
the  county,  payable  in  not  more  than  one  year  from  their 
dates,  in  anticipation  of  the  issue  of  serial  bonds  or  notes 
under  this  act,  but  the  time  within  which  such  serial  bonds 
or  notes  shall  become  due  and  payable  shall  not,  by  reason 
of  such  temporary  notes,  be  extended  beyond  the  time  fixed 
by  this  act.  Any  notes  issued  in  anticipation  of  the  serial 
bonds  or  notes  shall  be  paid  from  the  proceeds  thereof. 

Section  4.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  the  county  commissioners  of  said 
county,  but  not  otherwise.  Approved  March  11,  1937. 


76  Acts,  1937. —Chaps.  101,  102. 


Chap. 101  An  Act  regulating  the  effect  of  certain  final  decrees 

IN  EQUITY  MADE  BY  THE  PROBATE  AND  LAND  COURTS,  AND 
THE  EFFECT  OF  THE  RECORDING  OR  REGISTRATION  OF  CER- 
TIFIED COPIES  OF  SUCH  DECREES. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend 

pream  e.         ^^  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 

emergency  law,  necessary  for  the  immediate  preservation  of 

the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

G- 1-- (Ter.  SECTION  1.     Sectiou  forty- three  of  chapter  one  hundred 

ameAded.'       '  and  eighty-three  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  second  line,  the  words  "or  superior"  and  inserting  in 
place  thereof  the  words :  —  ,  superior,  probate  or  land,  — 
Title  by  SO  as  to  read  as  follows :  —  Section  43-     Whenever  a  final 

coSt^°^  decree  in  equity  shall  be  made  by  the  supreme  judicial, 

superior,  probate  or  land  court  directing  that  a  deed,  con- 
veyance or  release  of  any  real  estate  or  interest  therein  shall 
be  made,  and  the  party  directed  to  make  such  deed,  con- 
veyance or  release  does  not  duly  execute  it  within  the  time 
specified  in  the  decree,  the  decree  itself  shall  operate  to  vest 
title  to  the  real  estate  or  interest  in  the  party  entitled  thereto 
by  the  decree  as  fully  and  completely  as  if  such  deed,  con- 
veyance or  release  had  duly  been  executed  by  the  party 
directed  to  make  it. 
EdV'  ilr'i  44       Section  2.     Section  forty-four  of  said  chapter  one  hun- 
am'ended.'       '  dred  and  eighty-three,  as  so  appearing,  is  hereby  amended 
by  striking  out,  in  the  second  line,  the  words  "or  assistant 
clerk"  and  inserting  in  place  thereof  the  words: —  ,  assist- 
ant clerk,  register  or  assistant  register,  recorder  or  deputy 
recorder,  as  the  case  may  be,  —  so  as  to  read  as  follows :  — 
Recording         SectioTi  44-    The  recording  or  registration  of  a  duly  certified 
of  decree.  copy  of  sucli  decrce,  attested  by  the  clerk,  assistant  clerk, 

register  or  assistant  register,  recorder  or  deputy  recorder, 
as  the  case  may  be,  of  the  court  where  made,  in  the  registry 
of  deeds  of  the  district  where  said  real  estate  is  situated, 
shall  have  the  same  force  and  effect  as  if  a  duly  executed 
deed,  conveyance  or  release  had  so  been  recorded  or  regis- 
tered. Approved  March  12,  1937. 


Chap. 102  An  Act  advancing  the  date  upon  which  the  ultimate 

ABOLITION  OF  NON-CONTRIBUTORY  PENSIONS  AND  RETIRE- 
MENT allowances  for  certain  PUBLIC  EMPLOYEES  SHALL 
BECOME  EFFECTIVE. 

Be  it  enacted,  etc.,  as  follows: 

Edj'sl^'ii        Section  1.     Section  forty-four  of  chapter  thirty-two  of 
etc!, 'amended',    the  General  Laws,  as  most  recently  amended  by  chapter 
two  hundred  and  twenty-three  of  the  acts  of  nineteen  hun- 
dred and  thirty-six,  is  hereby  further  amended  by  striking 


Acts,  1937.  —  Chap.  102.  77 

out,  in  the  first  and  second  lines  of  the  last  paragraph,  the 
words  "December  thirty-first"  and  inserting  in  place  thereof 
the  words:  —  June  thirtieth,  —  so  that  said  paragraph  will 
read  as  follows :  — 

No  school  janitor  whose  employment  begins  after  June  School 
thirtieth,  nineteen  hundred  and  thirty-seven,  shall  be  sub-  J*'^'*^"- 
ject  to  the  provisions  of  this  section. 

Section  2.  Section  sixty  of  said  chapter  thirty-two,  as  g.  l.  (Xer. 
amended  by  section  two  of  chapter  two  hundred  and  eighty-  ftl^'amemicd. 
five  of  the  acts  of  nineteen  hundred  and  thirty-four,  is 
hereby  further  amended  by  striking  out,  in  the  first  and 
second  lines  of  the  paragraph  inserted  thereby,  the  words 
"December  thirty-first"  and  inserting  in  place  thereof  the 
words:  —  June  thirtieth,  —  so  that  said  paragraph  will  read 
as  follows :  — 

No  veteran  whose  employment  first  begins  after  June  veterans, 
thirtieth,  nineteen  hundred  and  thirty-seven,  shall  be  sub- 
ject to  the  provisions  of  sections  fifty-six  to  fifty-nine,  in- 
clusive. 

Section  3.  Section  sixty  A  of  said  chapter  thirty-two,  g.  l.  (Ter. 
as  amended  by  section  three  of  said  chapter  two  hundred  fit^'amendtd^' 
and  eighty-five,  is  hereby  further  amended  by  striking 
out,  in  the  first  and  second  fines  of  the  paragraph  inserted 
thereby,  the  words  "December  thirty-first"  and  inserting 
in  place  thereof  the  words:  —  June  thirtieth,  —  so  that  said 
paragraph  will  read  as  follows :  — 

No   army   nurse   whose   employment   begins   after  June  Army 
thirtieth,  nineteen  hundred  and  thirty-seven,  shall  be  sub-  '*^^^^- 
ject  to  the  provisions  of  this  section. 

Section  4.  Section  sixty-six  of  said  chapter  thirt5^-two,  g.  l.  (Tor. 
as  amended  by  section  four  of  said  chapter  two  hundred  and  ^tc'^'amended 
eighty-five,  is  hereby  further  amended  by  striking  out,  in 
the  first  and  second  lines  of  the  paragraph  inserted  thereby, 
the  words  "December  thirty-first"  and  inserting  in  place 
thereof  the  words :  —  June  thirtieth,  —  so  that  said  para- 
graph will  read  as  follows:  — 

No  court  officer  whose  employment  begins  after  June  Court 
thirtieth,  nineteen  hundred  and  thirty-seven,  shall  be  sub-  °^^^"- 
ject  to  the  provisions  of  this  section. 

Section  5.  Section  seventy  of  said  chapter  thirty-two,  g.  l.  (Ter. 
as  amended  by  section  five  of  said  chapter  two  hundred  and  ^tl!'amendld. 
eighty-five,  is  hereby  further  amended  by  striking  out,  in 
the  first  and  second  lines  of  the  paragraph  inserted  thereby, 
the  words  "December  thirty-first"  and  inserting  in  place 
thereof  the  words:  —  June  thirtieth,  —  so  that  said  para- 
graph will  read  as  follows :  — 

No  call  officer  whose  employment  begins  after  June  thir-  Caii 
tieth,  nineteen  hundred  and  thirty-seven,  shall  be  subject  °^''=®"- 
to  the  provisions  of  this  section. 

Section  6.     Section  seventy-five  of  said  chapter  thirty-  g.  l.  (Ter. 
two,  as  amended  by  section  six  of  said  chapter  two  hundred  ^tc^! 'amended, 
and  eighty-five,  is  hereby  further  amended  by  striking  out, 
in  the  second  line  of  the  paragraph  inserted  thereby,  the 


78 


Acts,  1937.  —  Chap.  102. 


Probation 
officers. 


G.  L.  (Ter. 
Ed.).  32,  §  78A, 
etc.,  amended. 


Laborers.  — 


G.  L.  (Ter. 
Ed.),  32,  §  80, 
etc.,  amended. 


Firemen. 


G.  L.  (Ter. 
Ed.),  32,  §  85C, 
etc.,  amended. 


Certain  police 
and  firemen. 


1934,  285, 

§  10,  amended. 


Temporary 
provisions. 


words  "December  thirty-first"  and  inserting  in  place  thereof 
the  words :  —  June  thirtieth,  —  so  that  said  paragraph  will 
read  as  follows:  — 

No  probation  officer  or  assistant  probation  officer  whose 
employment  begins  after  June  thirtieth,  nineteen  hundred 
and  thirty-seven,  shall  be  subject  to  the  provisions  of  this 
section. 

Section  7.  Section  seventy-eight  A  of  said  chapter 
thirty-two,  inserted  by  section  seven  of  said  chapter  two 
hundred  and  eighty-five,  is  hereby  amended  by  striking 
out,  in  the  second  line,  the  words  "December  thirty-first" 
and  inserting  in  place  thereof  the  words :  —  June  thirtieth, 

so  as  to  read  as  follows :  —  Section  78 A .  No  laborer 
whose  employment  begins  after  June  thirtieth,  nineteen 
hundred  and  thirty-seven,  shall  be  subject  to  the  provisions 
of  section  seventy-seven  or  seventy-eight. 

Section  8.  Section  eighty  of  said  chapter  thirty-two,  as 
most  recently  amended  by  section  one  of  chapter  four 
hundred  and  thirty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-six,  is  hereby  further  amended  by  striking  out,  in 
the  first  and  second  lines  of  the  last  paragraph,  the  words 
"December  thirty-first"  and  inserting  in  place  thereof  the 
words :  —  June  thirtieth,  —  so  that  said  paragraph  will  read 
as  follows :  — 

No  fireman  whose  employment  begins  after  June  thirtieth, 
nineteen  hundred  and  thirty-seven,  shall  be  subject  to  the 
provisions  of  this  section. 

Section  9.  Section  eighty-five  C  of  said  chapter  thirty- 
two,  inserted  by  section  nine  of  said  chapter  two  hundred 
and  eighty-five,  is  hereby  amended  by  striking  out,  in  the 
third  fine,  the  words  "December  thirty-first"  and  insert- 
ing in  place  thereof  the  words :  —  June  thirtieth,  —  so  as  to 
read  as  follows :  —  Section  85C.  No  policeman  or  fireman 
whose  emplojanent  begins  after  June  thirtieth,  nineteen 
hundred  and  thirty-seven,  shall  be  subject  to  the  provisions 
of  sections  eighty-three  to  eighty-five  B,  inclusive,  or  any 
of  them. 

Section  10.  Section  ten  of  said  chapter  two  hundred 
and  eighty-five  is  hereby  amended  by  striking  out,  in  the 
fourth  line,  the  words  "December  thirty-first"  and  insert- 
ing in  place  thereof  the  words:  —  June  thirtieth,  —  so  as  to 
read  as  follows:  —  Section  10.  No  person  who  is  appointed 
or  employed  by  an  office,  board,  commission  or  other  gov- 
ernmental organization  or  agency  in  any  county,  city,  town 
or  district  in  the  commonwealth  after  June  thirtieth,  nine- 
teen hundred  and  thirty-seven,  shall  be  subject  to  the 
provisions  of  any  special  act  providing  a  non-contributory 
pension  or  retirement  allowance. 

Approved  March  12,  1937. 


Acts,  1937. —Chap.  103.  79 


An  Act  authorizing  the  payment  of  commissions  to  (JJiar)  103 

CERTAIN  EMPLOYEES  OF  LIFE  INSURANCE  COMPANIES  WITH 
RESPECT  TO  CERTAIN  POLICIES  ISSUED  ON  THE  LIVES  OF 
SUCH    EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  eighty-four  of  chapter  one  hun-  g.  l.  (Ter. 
dred  and  seventy-five  of  the  General  Laws,  as  appearing  in  fj^gn^JI"  ^  ^^*' 
the  Tercentenary  Edition,  is  hereby  amended  by  inserting 
after  the  word  "him "  in  the  tenth  Hne  the  following:  —  ;  nor 
shall  said  sections  prohibit  a  life  company  from  paying  to 
any  one  of  its  employees,  other  than  an  insurance  agent, 
who  has  been  employed  by  it  for  at  least  one  year  a  commis- 
sion or  commissions,  or  such  employee  from  receiving  a  com- 
mission or  commissions,  in  respect  to  so  much  of  the  face 
amount  of  any  policy  or  policies  of  insurance  on  his  life  at 
any  time  outstanding  as  does  not  exceed  ten  thousand  dol- 
lars,—  so  as  to  read  as  follows:  —  Section  184-  The  two  Payment  of 
preceding  sections  shall  apply  to  all  kinds  of  insurance,  in-  em™Kyees"of° 
eluding  contracts  of  corporate  suretyship,  except  those  speci-  ''^^  insurance 
fied  in  subdivisions  (a),  (6)  and  (c)  of  the  second  clause 
of  section  forty-seven.  The  said  sections  shall  not  prohibit 
any  company  from  paying  a  commission  to  another  company 
or  to  any  person  who  is  duly  licensed  as  an  insurance  agent 
of  such  company  or  as  an  insurance  broker  and  who  holds 
himself  out  and  carries  on  business  in  good  faith  as  such,  or 
prohibit  any  such  person  or  any  company  from  receiving  a 
commission  in  respect  to  any  policy  under  which  he  or  it  is 
insured,  or  in  respect  to  any  annuity  or  pure  endowment  con- 
tract held  by  him ;  nor  shall  said  sections  prohibit  a  life  com- 
pany from  paying  to  any  one  of  its  employees,  other  than 
an  insurance  agent,  who  has  been  employed  by  it  for  at  least 
one  year  a  commission  or  commissions,  or  such  employee  from 
receiving  a  commission  or  commissions,  in  respect  to  so  much 
of  the  face  amount  of  any  policy  or  pohcies  of  insurance  on 
his  life  at  any  time  outstanding  as  does  not  exceed  ten  thou- 
sand dollars;  nor  shall  said  sections  apply  to  (1)  a  distribu- 
tion, without  special  favor  or  advantage,  by  mutual  com- 
panies to  policyholders  of  savings,  earnings  or  surplus  without 
specification  thereof  in  the  poHcy,  or  (2)  the  furnishing  to  the 
insured  of  information  or  advice  by  any  company,  officer, 
agent  or  broker  with  regard  to  any  risk  for  the  purpose  of 
reducing  the  hability  of  loss,  or  (3)  the  payment  or  allowance 
to  the  insured  of  a  return  premium  upon  the  cancellation  or 
surrender  of  a  policy,  or  of  a  cash  surrender  or  other  value 
upon  the  lapse  or  surrender  of  a  policy  of  life  or  endowment 
insurance  or  upon  the  exchange,  alteration  or  conversion  of 
any  such  poUcy  under  section  one  hundred  and  thirty-nine. 

Approved  March  12,  1937. 


80  Acts,  1937. —Chap.  104. 


Chap. 104:  An  Act  authorizing  the  town  of  harvard  to  supply 

ITSELF  AND    ITS   INHABITANTS    WITH    WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Harvard  may  supplj^  itself  and 
its  inhabitants  with  water  for  the  extinguishment  of  fires 
and  for  domestic  and  other  purposes;  may  estabhsh  foun- 
tains and  hydrants,  relocate  or  discontinue  the  same,  and 
may  regulate  the  use  of  such  water  and  fix  and  collect  rates 
to  be  paid  for  the  use  of  the  same. 

Section  2.  For  the  purposes  aforesaid,  said  town,  acting 
by  and  through  its  board  of  water  commissioners  herein- 
after provided  for,  may  contract  with  any  other  munici- 
pality, acting  through  its  water  department,  or  with  any 
water  company,  or  with  any  water  district,  for  whatever 
water  may  be  required,  authority  to  furnish  the  same  being 
hereby  granted,  and/or  may  take  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws,  or  acquire  by 
lease,  purchase,  gift,  devise  or  otherwise,  and  hold,  the 
waters,  or  any  portion  thereof,  of  any  pond,  brook,  spring 
or  stream  or  of  any  ground  water  sources,  by  means  of 
driven,  artesian  or  other  wells  or  filter  galleries,  within  the 
limits  of  said  town,  not  already  appropriated  for  purposes 
of  public  water  supply,  and  the  water  rights  connected  with 
any  such  water  sources;  and  also  for  said  purposes  may 
take  by  eminent  domain  under  said  chapter  seventy-nine, 
or  acquire  by  lease,  purchase,  gift,  devise  or  otherwise,  and 
hold,  all  lands,  rights  of  way  and  other  easements  necessary 
for  collecting,  storing,  holding,  purifying  and  treating  such 
water  and  protecting  and  preserving  the  purity  thereof  and 
for  conveying  the  same  to  any  part  of  said  town;  provided, 
that  no  source  of  water  supply  and  no  lands  necessary  for 
protecting  and  preserving  the  purity  of  the  water  shall  be 
taken  or  used  without  first  obtaining  the  advice  and  ap- 
proval of  the  department  of  public  health,  and  that  the 
location  and  arrangement  of  all  dams,  reservoirs,  wells  or 
filter  galleries,  filtration  and  pumping  plants  or  other  works 
necessary  in  carrying  out  the  provisions  of  this  act  shall  be 
subject  to  the  approval  of  said  department;  and  for  said 
purposes  said  town  may  acquire  by  lease,  purchase,  gift, 
bequest  or  otherwise  any  appliances,  works,  tools,  machinery 
and  other  equipment  that  may  be  necessary  or  expedient  in 
carrying  out  the  provisions  of  this  act.  Said  town  may 
construct  and  maintain  on  the  lands  acquired  and  held 
under  this  act  proper  dams,  wells,  reservoirs,  pumping  and 
filtration  plants,  buildings,  standpipes,  tanks,  fixtures  and 
other  structures,  including  also  purification  and  treatment 
works,  the  construction  and  maintenance  of  which  shall  be 
subject  to  the  approval  of  said  department  of  public  health, 
and  may  make  excavations,  procure  and  operate  machinery, 
and  provide  such  other  means  and  appHances  and  do  such 
other  things  as  may  be  necessary  for  the  establishment  and 


Acts,  1937.  —  Chap.  104.  81 

maintenance  of  complete  and  effective  water  works;  and 
for  that  purpose  may  construct,  lay  and  maintain  aque- 
ducts, conduits,  pipes  and  other  works,  under  or  over  any 
lands,  water  courses,  railroads,  railways  and  pubhc  or  other 
ways,  and  along  any  such  way  in  said  town  in  such  manner 
as  not  unnecessarily  to  obstruct  the  same;  and  for  the 
purposes  of  constructing,  laying,  maintaining,  operating  and 
repairing  such  conduits,  pipes  and  other  works,  and  for  all 
other  proper  purposes  of  this  act,  said  town  may  dig  up  or 
raise  and  embank  any  such  lands,  highways  or  other  ways 
in  such  manner  as  to  cause  the  least  hindrance  to  public 
travel  thereon;  provided,  that  all  things  done  upon  any 
such  way  shall  be  subject  to  the  direction  of  the  selectmen 
of  said  town.  Said  town  shall  not  enter  upon,  construct  or 
lay  any  conduits,  pipes  or  other  works  within  the  location 
of  any  railroad  corporation  except  at  such  time  and  in  such 
manner  as  it  may  agree  upon  with  such  corporation  or,  in 
case  of  failure  so  to  agree,  as  may  be  approved  by  the  de- 
partment of  pubhc  utiUties.  Said  town  may  enter  upon 
any  lands  for  the  purpose  of  making  surveys,  test  pits  and 
borings,  and  may  take  or  otherwise  acquire  the  right  to 
occupy  temporarily  any  lands  necessary  for  the  construction 
of  any  works  or  for  any  other  purpose  authorized  by  this  act. 

Section  3.  The  land,  water  rights  and  other  property 
taken  or  acquired  under  this  act,  and  all  works,  buildings 
and  other  structures  erected  or  constructed  thereunder,  shall 
be  managed,  improved  and  controlled  by  the  board  of  water 
commissioners  hereinafter  provided  for,  in  such  manner  as 
they  shall  deem  for  the  best  interest  of  the  town. 

Section  4.  Any  person  or  corporation  injured  in  his  or 
its  property  by  any  action  of  said  town  or  board  under  this 
act  may  recover  damages  from  said  town  under  said  chapter 
seventy-nine;  provided,  that  the  right  to  damages  for  the 
taking  of  any  water,  water  source  or  water  right,  or  any 
injury  thereto,  shall  not  vest  until  the  water  is  actually 
withdrawn  or  diverted  by  said  town  under  authority  of  this 
act. 

Section  5.  Said  town  may,  for  the  purpose  of  paying 
the  necessary  expenses  and  liabilities  incurred  or  to  be  in- 
curred under  the  provisions  of  this  act,  other  than  expenses 
of  maintenance  and  operation,  issue  from  time  to  time 
bonds  or  notes  to  an  amount,  not  exceeding,  in  the  aggre- 
gate, twenty  thousand  dollars,  which  shall  bear  on  their  face 
the  words.  Town  of  Harvard  Water  Loan,  Act  of  1937. 
Each  authorized  issue  shall  constitute  a  separate  loan,  and 
such  loans  shall  be  payable  in  not  more  than  twenty  years 
from  their  dates.  Indebtedness  incurred  under  this  act 
shall  be  subject  to  chapter  forty-four  of  the  General  Laws. 

Section  6.  Said  town  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  the  provisions  of  section  five;  and  when  a 
vote  to  that  effect  has  been  passed,  a  sum  which,  with  the 
income  derived  from  the  water  rates,  will  be  sufficient  to 


82  Acts,  1937. —Chap.  104. 

pay  the  annual  expense  of  operating  its  water  works  or  the 
purchasing  of  water  and  the  maintenance  of  its  pipe  Hues, 
as  the  case  may  be,  and  the  interest  as  it  accrues  on  the 
bonds  or  notes  issued  as  aforesaid,  and  to  make  such  pay- 
ments on  the  principal  as  may  be  required  under  the  provi- 
sions of  this  act,  shall  without  further  vote  be  assessed  by 
the  assessors  of  said  town  annually  thereafter  in  the  same 
manner  as  other  taxes,  until  the  debt  incurred  by  the  said 
loan  or  loans  is  extinguished. 

Section  7.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  of  the  waters  taken  or  held  under  this 
act,  or  injures  any  structure,  work  or  other  property  owned, 
held  or  used  by  said  town  under  the  authority  and  for  the 
purposes  of  this  act,  shall  forfeit  and  pay  to  said  town  three 
times  the  amount  of  damages  assessed  therefor,  to  be  re- 
covered in  an  action  of  tort;  and  upon  conviction  of  any 
one  of  the  above  wilful  or  wanton  acts  shall  be  punished  by 
a  fine  of  not  more  than  three  hundred  dollars  or  by  im- 
prisonment for  not  more  than  one  year. 

Section  8.  Said  town  shall,  after  its  acceptance  of  this 
act,  at  the  same  meeting  at  which  the  act  is  accepted,  or  at 
a  meeting  thereafter  called  for  the  purpose,  and  without  the 
necessity,  in  either  case,  of  a  prior  caucus  for  the  nomina- 
tion of  candidates,  elect  by  ballot  three  persons  to  hold 
office,  one  until  the  expiration  of  three  years,  one  until  the 
expiration  of  two  years,  and  one  until  the  expiration  of  one 
year,  from  the  next  succeeding  annual  town  meeting,  to 
constitute  a  board  of  water  commissioners;  and  at  the  an- 
nual town  meeting  held  on  the  day  on  which  the  shortest 
of  such  terms  expires,  and  at  each  annual  town  meeting 
thereafter,  one  such  commissioner  shall  be  elected  by  ballot 
for  the  term  of  three  years.  All  the  authority  granted  to 
the  town  by  this  act,  except  sections  five  and  six,  and  not 
otherwise  specially  provided  for,  shall  be  vested  in  said 
board  of  water  commissioners,  who  shall  be  subject,  how- 
ever, to  such  instructions,  rules  and  regulations  as  said 
town  may  impose  by  its  vote.  A  majority  of  said  com- 
missioners shall  constitute  a  quorum  for  the  transaction  of 
business.  After  the  election  of  a  board  of  water  commis- 
sioners under  authority  of  this  section,  any  vacancy  occur- 
ring in  said  board  from  any  cause  may  be  filled  for  the 
remainder  of  the  unexpired  term  by  said  town  at  any  legal 
town  meeting  called  for  the  purpose.  Any  such  vacancy 
may  be  filled  temporarily  in  the  manner  provided  by  sec- 
tion eleven  of  chapter  forty-one  of  the  General  Laws,  and 
the  person  so  appointed  shall  perform  the  duties  of  the 
office  until  the  next  annual  meeting  of  said  town  or  until 
another  person  is  qualified. 

Section  9.  Said  commissioners  shall  fix  just  and  equi- 
table prices  and  rates  for  the  use  of  water,  and  shall  pre- 
scribe the  time  and  manner  of  payment.  The  income  of 
the  water  works  shall  be  appropriated  by  vote  of  said  town 
to  defray  all  operating  expenses,  interest  charges  and  pay- 


Acts,  1937. —Chaps.  105,  106.  83 

merits  on  the  principal  as  they  accrue  upon  any  bonds  or 
notes  issued  under  authority  of  this  act.  If  there  should  be 
a  net  surplus  remaining  after  providing  for  the  aforesaid 
charges,  it  may  be  appropriated  for  such  new  construction 
as  the  water  commissioners,  with  the  approval  of  the  town, 
may  determine  upon,  and  in  case  a  surplus  should  remain 
after  payment  for  such  new  construction  the  water  rates 
shall  be  reduced  proportionately.  All  authority  vested  in 
said  commissioners  by  the  foregoing  provisions  of  this  sec- 
tion and  by  section  three  shall  be  subject  to  the  provisions 
of  section  eight.  Said  commissioners  shall  annually,  and  as 
often  as  the  town  may  require,  render  a  report  upon  the 
condition  of  the  works  under  their  charge,  and  an  account 
of  their  doings,  including  an  account  of  the  receipts  and 
expenditures. 

Section  10.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  of  the  voters  of  the  town  of  Harvard 
present  and  voting  thereon  at  a  town  meeting  called  for  the 
purpose  within  three  years  after  its  passage ;  but  the  number 
of  meetings  so  called  in  any  year  shall  not  exceed  three. 

Approved  March  12,  1937. 

An  Act  authorizing  the  county  commissioners  of  the  (JJiaj)  105 

COUNTY  OF  DUKES  COUNTY  TO  ACQUIRE  CERTAIN   LAND   IN 
the   TOWN    OF   GAY   HEAD    FOR    PARK    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

The  county  commissioners  of  the  county  of  Dukes  county 
are  hereby  authorized  to  acquire  by  purchase  or  otherwise 
for  park  purposes  a  certain  parcel  of  land  situated  in  the 
town  of  Gay  Head  containing  one  half  acre,  more  or  less, 
being  the  same  parcel  described  in  a  deed  executed  on 
December  second,  eighteen  hundred  and  ninety-two,  and 
recorded  at  the  registry  of  deeds  for  said  county  in  book 
eighty-eight  at  page  three  hundred  and  seventy-six,  and 
said  county  commissioners  are  hereby  authorized  to  pay 
for  said  parcel  of  land  a  sum  not  to  exceed  three  hundred 
and  fifty  dollars  out  of  the  appropriation  for  the  current 
year  for  building  county  buildings  and  purchase  of  land. 

Approved  March  12,  1937. 


An  Act  authorizing  the  city  of  haverhill  to  erect 

AND    maintain,    IN    A    PART    OF    MEMORIAL    PARK    IN    SAID 
city,  a  building  TO  BE  USED  AS  A  PUMPING  STATION, 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  Haverhill  may  erect  and  thereafter  maintain 
a  building,  to  be  used  as  a  pumping  station,  on  such  por- 
tion of  a  certain  parcel  of  land  situated  on  the  southerly 
side  of  Washington  square  in  said  city,  known  as  Memorial 
Park,  and  now  used  by  said  city  for  park  purposes  under 
the  jurisdiction  of  the  park  commission  of  said  city,  as  may 


Chap.lOQ 


84  Acts,  1937. —Chap.  107. 

be  designated  by  the  municipal  council  of  said  city;  and 
said  city  may  use,  for  such  purpose,  so  much  of  said  Memorial 
Park  as  may  be  reasonably  necessary  for  the  use  and  main- 
tenance of  such  building  and  its  appurtenances  and  for  a 
proper  right  of  way  thereto.        Approved  March  12,  1937. 

Chap. 107  An   Act   authorizing   cities,   towns   and   districts   to 

BORROW  ON  ACCOUNT  OF  PUBLIC  WELFARE,  SOLDIERS' 
BENEFITS  AND  FEDERAL  EMERGENCY  UNEMPLOYMENT  RE- 
LIEF   PROJECTS. 

prTambiT^  Whereas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  provisions  of  this  act,  any 
city,  town  or  district,  by  a  two  thirds  vote  as  defined  in  sec- 
tion one  of  chapter  forty-four  of  the  General  Laws,  and  with 
the  approval  of  the  mayor,  selectmen,  or  prudential  com- 
mittee or  commissioners,  and  of  the  board  established  under 
section  one  of  chapter  forty-nine  of  the  acts  of  nineteen  hun- 
dred and  thirty-three,  may  borrow,  during  the  year  nineteen 
hundred  and  thirty-seven,  outside  its  debt  limit  as  fixed  by 
sections  eight  and  ten  of  said  chapter  forty-four,  for  use 
only  for  meeting  appropriations  made  or  to  be  made  for 
public  welfare,  including  aid  to  dependent  children  and  old 
age  assistance,  soldiers'  benefits  including  state  aid,  military 
aid,  soldiers'  burials  and  soldiers'  relief,  and  for  any  federal 
emergency  unemployment  relief  projects,  exclusive  of  public 
works  administration  projects,  to  an  amount  not  more  than 
one  half  of  one  per  cent  of  the  average  of  the  assessors'  valua- 
tions of  its  taxable  property  for  the  three  preceding  years, 
such  valuations  to  be  reduced  and  otherwise  determined  as 
provided  in  section  ten  of  said  chapter  forty-four,  and  may 
issue  bonds  or  notes  therefor,  which  shall  bear  on  their  face 
the  words,  (name  of  city,  town  or  district)  Municipal  Relief 
Loan,  Act  of  1937.  Each  authorized  issue  shall  constitute  a 
separate  loan,  and  such  loans  shall  be  paid  in  not  more  than 
ten  years  from  their  dates  and,  except  as  herein  provided, 
shall  be  subject  to  said  chapter  forty-four,  exclusive  of  the 
limitation  contained  in  the  first  paragraph  of  section  seven 
thereof. 

Loans  may  be  issued  hereunder  only  by  such  cities,  towns 
and  districts  as  in  the  current  year  have  appropriated  to  be 
raised  by  taxation  or  appropriated  from  available  revenue 
funds  for  the  purposes  enumerated  in  the  preceding  para- 
graph, an  amount  not  less  than  seventy  per  cent  of  the  aggre- 
gate expenditures  for  the  year  nineteen  hundred  and  thirty- 
six  for  public  welfare,  including  aid  to  dependent  children 
and  old  age  assistance,  soldiers'  benefits  including  state 
aid,  military  aid,  soldiers'  burials  and  soldiers'  relief,  exclud- 


Acts,  1937. —Chap.  108.  85 

ing  any  federal  emergency  unemployment  relief  projects,  as 
determined  by  the  board. 

Section  2.  The  members  of  the  board  aforesaid,  when 
acting  under  this  act,  shall  receive  from  the  commonwealth 
compensation  to  the  same  extent  as  provided  for  services 
under  chapter  three  hundred  and  sixty-six  of  the  acts  of 
nineteen  hundred  and  thirty-three,  as  amended. 

Section  3.  Loan  orders  passed  in  any  city  under  author- 
ity of  this  act  shall  be  deemed  to  be  emergency  orders  and  as 
such  may  be  passed  in  such  manner  as  is  provided  for  emer- 
gency orders  in  its  charter.  Approved  March  16,  1937. 

An  Act  relating  to  the  distribution  op  certain  cor-  Qhdj)  IQS 

PORATION  taxes  AND  TO  THE  APPEARANCE  OF  THE  COM-      ^ 
MISSIONER  OF   CORPORATIONS  AND  TAXATION   BEFORE 
COURTS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergenoy 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  p'^^ambie. 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty  of  chapter  fifty-eight  of  the  g.  l.  (Xer. 
General  Laws,  as  most  recently  amended  by  section  three  ^tc'^'am^nded 
of  chapter  three  hundred  and  sixty-two  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  is  hereby  further  amended  by 
striking  out  in  the  twelfth  and  thirteenth  lines,  the  words 
"One  million,  two  hundred  and  ninety  thousand,  three  hun- 
dred and  eighty-three  dollars  and  fifty-six"  and  inserting 
in  place  thereof  the  words:  —  One  million,  eight  hundred  and 
one  thousand,  two  hundred  and  fifty-eight  dollars  and  thirty- 
eight,  —  by  striking  out  in  the  fifteenth  and  sixteenth  lines, 
the  words  "Five  million,  six  hundred  and  fifty-nine  thousand, 
one  hundred  and  sixty-eight  dollars  and  forty-six"  and  in- 
serting in  place  thereof  the  words:  —  Six  million,  three  hun- 
dred and  fifty-one  thousand,  four  hundred  and  fifteen  dollars 
and  thirty-four,  —  by  striking  out,  in  the  twenty-eighth  and 
twenty-ninth  lines,  the  words  "Two  million,  three  hundred 
and  seventy-seven  thousand,  nine  hundred  and  seventy-seven 
dollars  and  ninety"  and  inserting  in  place  thereof  the  words: 
—  Two  million,  six  hundred  and  fifty-four  thousand,  eight 
hundred  and  seventy-six  dollars  and  fifty-four,  —  by  striking 
out,  in  the  thirty-eighth  line,  the  word  "Any"  and  by  insert- 
ing in  place  thereof  the  words:  —  Five  sixths  of  any,  —  and 
by  inserting  after  the  word  "them"  in  the  fortieth  line  the 
words :  —  ,  and  one  sixth  shall  be  retained  by  the  common- 
wealth, —  so  as  to  read  as  follows :  —  Section  20.  From  the  Distribution 
total  taxes  paid  in  any  state  fiscal  year  by  domestic  business  eorporatton 
and  domestic  manufacturing  corporations  and  foreign  manu-  taxes, 
facturing  and  other  foreign  corporations  under  sections  thirty 
to  fifty-one,  inclusive,  of  chapter  sixty-three  there  shall  be 
deducted  such  taxes  paid  under  said  sections  as  have  been 


86 


Acts,  1937. —Chap.  108. 


G.  L.  (Ter. 
Ed.).  58,  §  1, 
etc.,  amended. 


Commissioner 
may  appear 
in  tax  cases. 


Temporary 
provisions. 


refunded  under  said  chapter  or  section  twenty-seven  of  this 
chapter  during  said  year,  together  with  any  interest  or  costs 
paid  such  corporations  on  account  of  refunds.  The  balance 
shall  be  disposed  of  in  the  following  manner  and  in  the  order 
named : 

(1)  One  million,  eight  hundred  and  one  thousand,  two 
hundred  and  fifty-eight  dollars  and  thirty-eight  cents  shall 
be  retained  by  the  commonwealth; 

(2)  Six  million,  three  hundred  and  fifty-one  thousand, 
four  hundred  and  fifteen  dollars  and  thirty-four  cents  shall 
be  distributed,  credited  and  paid  to  the  several  cities  and 
towns  in  the  proportion  that  the  amount  of  taxes  locally 
paid  in  each  city  or  town  in  the  year  nineteen  hundred  and 
thirty-five  by  domestic  manufacturing  corporations  as  de- 
fined in  section  thirty-eight  C  of  said  chapter  sixty-three  and 
by  foreign  manufacturing  corporations  as  defined  in  section 
forty-two  B  of  said  chapter  sixty-three  upon  machinery 
owned  and  used  in  the  conduct  of  the  business  bears  to  the 
aggregate  amount  so  paid  by  such  corporations  in  all  cities 
and  towns  of  the  commonwealth  as  determined  by  the  com- 
missioner; 

(3)  Two  million,  six  hundred  and  fifty-four  thousand, 
eight  hundred  and  seventy-six  dollars  and  fifty-four  cents 
shall  be  distributed,  credited  and  paid  to  the  several  cities 
and  towns  in  the  proportion  that  the  value  of  machinery 
owned  and  used  in  the  conduct  of  the  business  in  the  year 
nineteen  hundred  and  thirty-five  by  such  domestic  manu- 
facturing and  foreign  manufacturing  corporations  in  each 
city  or  town  bears  to  the  aggregate  value  of  such  machinery 
in  all  cities  and  towns  of  the  commonwealth  as  determined 
by  the  commissioner; 

(4)  Five  sixths  of  any  sum  then  remaining  shall  be  dis- 
tributed to  the  several  cities  and  towns  in  proportion  to  the 
amounts  of  the  last  preceding  state  tax  imposed  upon  them, 
and  one  sixth  shall  be  retained  by  the  commonwealth. 

City  and  town  assessors  shall  make  such  returns  and 
supply  such  information  as  the  commissioner  shall  reason- 
ably require  to  make  the  determinations  provided  by  this 
section. 

Section  2.  Section  one  of  said  chapter  fifty-eight,  as 
amended  by  section  nine  of  chapter  one  hundred  and  eighty 
of  the  acts  of  nineteen  hundred  and  thirty-two,  is  hereby 
further  amended  by  striking  out  the  sentence  amended  by 
said  section  nine  and  inserting  in  place  thereof  the  following: 
—  He  may  appear  before  any  court  or  before  any  board  of 
county  commissioners  sitting  for  the  abatement  of  taxes,  or 
before  the  board  of  tax  appeals. 

Section  3.  From  the  total  taxes  paid  in  the  fiscal  year 
ending  on  November  thirtieth,  nineteen  hundred  and  thirty- 
seven,  by  domestic  business  and  domestic  manufacturing 
corporations  and  foreign  manufacturing  and  other  foreign 
corporations  under  sections  thirty  to  fifty-one,  inclusive,  of 
chapter  sixty-three  of  the   General   Laws,   there  shall,   in 


Acts,  1937. —Chaps.  109,  110.  87 

the  year  nineteen  hundred  and  thirty-seven,  be  distributed, 
credited  and  paid  to  those  cities  and  towns  which  made 
abatements  of  taxes  assessed  in  the  year  nineteen  hundred  and 
thirty-six  upon  machinery  made  exempt  from  local  taxa- 
tion by  chapter  three  hundred  and  sixty-two  of  the  acts  of 
nineteen  hundred  and  thirty-six  to  an  amount  in  excess  of 
the  reimbursement  provided  for  such  year  by  clause  (2)  of 
section  twenty  of  chapter  fifty-eight  of  the  General  Laws, 
as  amended  by  section  three  of  said  chapter  three  hundred 
and  sixty-two,  the  sum  of  six  hundred  and  ninety-three 
thousand,  two  hundred  and  sixty  dollars  and  sixty-five  cents; 
said  sum  to  be  distributed,  credited  and  paid  to  each  city  or 
town  in  the  proportion  that  the  amount  of  such  excess  in 
such  city  or  town  bears  to  the  aggregate  amount  of  such  ex- 
cesses in  all  such  cities  and  towns.  The  foregoing  distribu- 
tion shall  be  made  notwithstanding  the  provisions  of  section 
twenty  of  said  chapter  fifty-eight  as  most  recently  amended 
by  section  one  of  this  act.  Approved  March  16,  1937. 

An  Act  authorizing  the  town  of  scituate  to  acquire  (7/iai}.109 
A  parcel  of  land  adjoining  peggoty  beach  in  said 

TOWN  and  to  improve  AND  MAINTAIN  THE  SAME  FOR 
RECREATIONAL  AND  VEHICLE  PARKING  PURPOSES  AND 
VALIDATING  ACTION  AT  THE  CURRENT  TOWN  MEETING  IN 
CONNECTION   THEREWITH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Scituate  is  hereby  authorized  to 
acquire  by  purchase,  or  take  by  eminent  domain  under  the 
provisions  of  chapter  seventy-nine  of  the  General  Laws,  a 
parcel  of  land  adjoining  Peggoty  beach  in  said  town  for 
recreational  and  vehicle  parking  purposes  and  to  improve 
and  maintain  the  land  so  acquired  for  the  public  use  of  the 
inhabitants  of  said  town  under  the  direction  of  the  selectmen. 

Section  2.  The  action  of  the  inhabitants  of  the  town  of 
Scituate,  at  its  annual  town  meeting  in  the  current  year,  in 
voting  to  appropriate  twenty  thousand  dollars  to  provide 
money  for  the  purposes  set  forth  in  section  one  of  this  act  is 
hereby  ratified  and  confirmed  and  shall  have  the  same  effect 
and  validity  as  if  said  section  one  had  been  in  effect  prior  to 
said  vote. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  19,  1937. 

An  Act  authorizing  the  town  of  rockport  to  convey  QfiQij  WQ 

TO  THOMAS  TERTIUS  NOBLE  A  PORTION  OF  OLD  GARDEN 
BEACH    LANDING,    SO    CALLED,    IN    SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Rockport  is  hereby  authorized, 
in  accordance  with  a  vote  of  said  town  passed  at  a  town 
meeting  held  on  March  second  in  the  year  nineteen  hundred 


88  Acts,  1937. —Chaps.  Ill,  112. 

and  thirty-six,  to  convey  to  Thomas  Tertius  Noble  of  the 
city  and  state  of  New  York,  a  summer  resident  of  said  town, 
such  portion  or  portions  of  Old  Garden  Beach  Landing,  so 
called,  in  said  town  as  may  be  determined  by  the  board  of 
selectmen  of  said  town  to  be  included  within  the  description 
of  the  property  conveyed  to  said  Noble,  under  the  name  of 
T.  Tertius  Noble,  by  either  or  both  of  two  deeds  of  George 
W.  Harvey,  as  trustee  or  otherwise,  to  said  Noble,  one 
deed  being  dated  May  twenty-fourth,  nineteen  hundred  and 
twenty-nine,  and  recorded  with  Essex  south  district  registry 
of  deeds  in  book  twenty-eight  hundred  and  six  at  page  two 
hundred  and  forty,  and  the  other  deed  being  dated  Septem- 
ber twenty-seventh,  nineteen  hundred  and  twenty-nine,  and 
being  recorded  with  said  registry  in  book  twenty-eight  hun- 
dred and  thirty-three  at  page  two  hundred  and  fifteen,  the 
entire  property  having  since  been  used  and  occupied  by  said 
Noble. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  19,  1937. 

Cha'p.Wl  An  Act  relative  to  the  charging  of  admission  fees  by 

THE  CITY  OF  BOSTON  IN  CONNECTION  WITH  DEMONSTRA- 
TIONS, LECTURES,  CONTESTS  AND  EXHIBITIONS  AT  WORKS 
CONSTRUCTED  UNDER  THE  WILL  OF  GEORGE  ROBERT  WHITE, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  the  construction  or  erection  and  es- 
tablishment by  the  city  of  Boston,  acting  by  and  through 
the  board  of  trustees  of  the  George  Robert  White  Fund  and 
under  and  in  accordance  with  the  provisions  of  article  four- 
teenth of  the  will  of  said  George  Robert  White,  of  any  work 
of  public  utilit}^  and  beauty  for  the  use  and  enjoyment  of  the 
inhabitants  of  said  city,  said  city,  acting  by  and  through  the 
head  of  the  department  in  whose  charge  and  control  the  same 
shall  be  placed,  if  permissible  under  the  provisions  of  said 
will,  may,  in  connection  with  any  demonstration,  lecture, 
athletic  contest  or  athletic  or  other  exhibition  therein,  charge 
a  fee  for  admission  thereto;  provided,  that  the  aggregate 
amount  of  such  fees  charged  at  any  such  work  in  any  fiscal 
year  shall  not  exceed  the  expense  of  the  care  and  mainte- 
nance thereof  during  such  year.  Such  fees  shall  be  applied 
by  said  city  only  toward  meeting  the  expense  of  said  care 
and  maintenance. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  19,  1937. 

Chap.112  An  Act  relative,  to   conditional  sales  of  elevator 

APPARATUS   OR   MACHINERY. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'  lif^  13       Section  thirteen  of  chapter  one  hundred  and  eighty-four 

ameAded.'      "'  of  the  General   Laws,   as  appearing  in  the  Tercentenary 

Edition,  is  hereby  amended  by  inserting  after  the  word 


Acts,  1937. —Chap.  113.  89 

"buildings"  in  the  third  line  the  following:  — ,  elevator 
apparatus  or  machinery,  —  so  as  to  read  as  follows :  —  Sec-  Conditional 
tion  IS.  No  conditional  sale  of  heating  apparatus,  plumb-  cordi^ngTetc. 
ing  goods,  ranges,  buildings  of  wood  or  metal  construction 
of  the  class  commonly  known  as  portable  or  sectional  build- 
ings, elevator  apparatus  or  machinery,  or  other  articles  of 
personal  property,  which  are  afterward  wrought  into  or 
attached  to  real  estate,  whether  they  are  fixtures  at  com- 
mon law  or  not,  shall  be  valid  as  against  any  mortgagee, 
purchaser  or  grantee  of  such  real  estate,  unless  not  later  than 
ten  days  after  the  delivery  thereon  of  such  personal  property 
a  notice  such  as  is  herein  prescribed  is  recorded  in  the  registry 
of  deeds  for  the  county  or  district  where  the  real  estate  lies. 
The  notice  shall  be  signed  by  the  vendor  or  a  person  claiming 
under  him  and  shall  contain  the  names  of  the  contracting 
parties,  the  name  of  the  record  owner  of  the  real  estate  at  the 
time  of  recording  the  notice,  the  fact  that  it  is  agreed  that 
title  to  such  personal  property  shall  remain  in  the  vendor 
until  the  purchase  price  is  paid,  the  terms  of  payment  and 
the  amount  of  such  purchase  price  remaining  unpaid,  and 
descriptions,  sufficiently  accurate  for  identification,  of  such 
real  estate  and  the  personal  property  delivered  or  to  be  de- 
livered thereon.  If  the  sale  is  of  several  articles  for  a  lump 
sum  greater  than  the  value  of  the  personal  property  delivered 
or  to  be  delivered  on  the  real  estate,  the  notice  shall  also 
state  such  lump  sum  and  such  value.  The  notice  shall  be 
indexed  under  the  name  of  such  record  owner,  and  a  release 
of  title  in  any  such  article  of  personal  property  may  be  re- 
corded at  any  time.  Approved  March  19,  1937, 

An  Act  providing  that  certain  persons  receiving  re-  (JJiaj)  113 

LIEF  FROM  TOWNS  MAY  BE  REQUIRED  TO  WORK  IN  RETURN 
THEREFOR. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventeen  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  fourteen,  as  ap-  amendVd^'  ^  ^^' 
pearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following:  —  Section  I4.    Boards  of  public  wel-  pubiic\°eifare 
fare  in  their  respective  towns  shall  provide  for  the  imme-  may  require 
diate  comfort  and  relief  of  all  persons  residing  or  found  sons'^recefv^ng 
therein,  having  lawful  settlements  in  other  towns,  in  distress  '''^''^^ '°  '^°''''- 
and  standing  in  need  of  immediate  relief,  until  removed  to 
the  towns  of  their  lawful  settlements.    Any  such  board  may 
require  persons  receiving  such  relief  to  work  in  return  there- 
for in  the  infirmary,  or  in  such  other  manner  as  the  town 
directs,  or  otherwise  at  the  discretion  of  the  board.     The 
expense  of  such  relief  and  of  their  removal,  or  burial  in  case 
of  their  decease,  may  be  recovered  in  contract  against  the 
town  liable  therefor,  if  commenced  within  two  years  after 
the  cause  of  action  arises;    but  nothing  shall  be  recovered 
for  relief  furnished  more  than  three  months  prior  to  notice 
thereof  given  to  the  defendant. 

Approved  March  19,  1937. 


90  Acts,  1937. —Chaps.  114,  115. 


Chap. 114:  An  Act  relative  to  the  assessment  of  real  estate  of 

DECEASED  PERSONS  IN  CERTAIN  CASES. 

Be  it  enacted,  etc.,  as  follows: 

Ed^ig^'ie         Section  sixteen  of  chapter  fifty-nine  of  the  General  Laws, 

amended.      '    as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 

by  striking  out,  in  the  third  and  fourth  hues,  the  words 

"they  have  given  notice  to  the  assessors  of  the  division  of 

the  estate  and  of  the  names  of  the  several  heirs  or  devisees" 

and  inserting  in  place  thereof  the  words:  —  the  names  of 

such  heirs  or  devisees  appear  in  the  probate  coiu-t  records 

in  the  county  in  which  said  real  estate  lies,  —  so  as  to  read 

Taxation  of       as  follows  I  —  Section  16.     The  undivided  real  estate  of  a 

decLd^nt?  °^     deceased  person  may  be  assessed  to  his  heirs  or  devisees, 

liability  of         without  designating  any  of  them  by  name,  until  the  names 

of  such  heirs  or  devisees  appear  m  the  probate  court  records 

in  the  county  in  which  said  real  estate  lies;    and  each  heir 

or  devisee  shall  be  liable  for  the  whole  of  such  tax,  and  when 

paid  by  him  he  may  recover  of  the  other  heirs  or  devisees 

their  respective  proportions  thereof. 

Approved  March  19,  1937. 


heirs,  etc. 


Cha'p. lib  An  Act  relative  to  the  establishment  of  salaries  for 

THE    MEMBERS    OF    THE    CITY    COUNCIL     OF    THE     CITY    OF 
SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  council  of  the  city  of  Springfield 
may,  by  a  two  thirds  vote  of  all  its  members  taken  by  yeas 
and  naj^s,  establish  a  salary  for  its  members  not  exceeding 
five  hundred  dollars  each.  Such  salary  may  be  reduced,  but 
no  increase  therein  shall  be  made  to  take  effect  during  the 
year  in  which  the  increase  is  voted. 

Section  2.  Such  provisions  of  chapter  ninety-four  of  the 
acts  of  eighteen  hundred  and  fifty-two,  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  as  are  inconsistent 
with  this  act  are  hereby  repealed. 

Section  3.  This  act  shall  be  submitted  to  the  registered 
voters  of  said  city  at  the  regular  municipal  election  in  the 
current  year  in  the  form  of  the  following  question  which 
shall  be  placed  upon  the  official  ballot  to  be  used  at  said 
election:  —  "Shall  an  Act  passed  by  the  General  Court  in 
the  year  nineteen  hundred  and  thirty-seven,  entitled  'An 
Act  relative  to  the  Establishment  of  Salaries  for  the  Mem- 
bers of  the  City  Council  of  the  City  of  Springfield',  be 
accepted?"  If  a  majority  of  the  voters  voting  thereon 
votes  in  the  affirmative  in  answer  to  said  question,  this  act 
shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  March  19,  1937. 


Acts,  1937. —Chaps.  116,  117.  91 


An  Act  relative  to  the  taking  of  trout  from  miller's  Chap. 116 

RIVER  AND  ITS  DIVERTED  WATERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty-seven  of  chapter  one  hundred  and  thirty-one  g.  l.  (Ter. 
of  the  General  Laws,  as  most  recently  amended  by  section  ftc".!'amiAde"' 
one  of  chapter  four  hundred  and  twenty-five  of  the  acts  of 
nineteen  hundred  and  thirty-six,  is  hereby  further  amended 
by  inserting  after  the  word  "Pittsfield"  in  the  eleventh  line 
the  following:  —  ,  or  between  August  thirty-first  and  May 
fifteenth  following,  if  taken  from  Miller's  river  or  its  diverted 
waters  within  the  commonwealth,  —  and  by  inserting  after 
the  word  "Pittsfield"  in  the  sixteenth  line  the  following:  — 
or  from  Miller's  river  or  its  diverted  waters  within  the 
commonwealth,  —  so  as  to  read  as  follows:  —  Section  57.  Possession  of 
Except  as  provided  in  section  fifty-one,  no  person  shall  take  ^"^""^  '^^'^^  ^^^ 
or  have  in  possession  trout  between  July  thirty-first  in  any 
year  and  April  fifteenth  of  the  year  following,  or  between 
July  fifteenth  in  any  year  and  April  first  of  the  year  follow- 
ing, if  taken  from  the  waters  of  Dukes  county,  or  between 
September  first  and  May  twenty-ninth  of  the  year  follow- 
ing, if  taken  from  the  Deerfield  river  or  its  diverted  waters 
within  the  commonwealth,  or  between  the  first  Monday  in 
September  in  any  year  and  May  thirtieth  of  the  year  fol- 
lowing, if  taken  from  the  waters  of  Onota  lake  in  the  city 
of  Pittsfield,  or  between  August  thirty-first  and  May  fif- 
teenth following,  if  taken  from  Miller's  river  or  its  diverted 
waters  within  the  commonwealth,  nor  shall  any  person  have 
in  possession  at  any  time  a  trout  less  than  six  inches  in 
length,  or  trout  less  than  twelve  inches  in  length  if  taken 
from  the  Deerfield  river  or  its  diverted  waters  within  the 
commonwealth,  or  a  trout  less  than  nine  inches  in  length 
if  taken  from  the  waters  of  Onota  lake  in  the  city  of  Pitts- 
field or  from  Miller's  river  or  its  diverted  waters  within  the 
commonwealth,  unless  taken  by  a  person  lawfully  fishing 
and  immediately  returned  alive  to  the  water  whence  it  was 
taken.  Approved  March  19,  1937. 


An  Act  relative  to  the  revocation  of  licenses  to  nhnjy  117 

OPERATE   MOTOR   VEHICLES   ON   CONVICTION   OF   OPERATING  '  ' 

NEGLIGENTLY    SO    THAT    THE    LIVES     OR     SAFETY     OF    THE 
PUBLIC    MIGHT   BE    ENDANGERED. 

Be  it  enacted,  etc.,  as  follows: 

Paragraph  (2)  (c)  of  section  twentj^-four  of  chapter  ninety  g.  l.  (Ter. 
of  the  General  Laws,  as  most  recently  amended  by  section  ft c'^ 'amended 
one  of  chapter  four  hundred  and  thirty-four  of  the  acts  of 
nineteen  hundred  and  thirty-six,  is  hereby  further  amended 
by  adding  at  the  end  the  following:  —  But  the  registrar, 
after  investigation,  may  at  any  time  rescind  the  revocation 
of  a  license  revoked  because  of  a  conviction  of  operating  a 


92 


Acts,  1937. —Chap.  118. 


Revocation  of 
licenses  to 
operate  motor 
vehicles. 


motor  vehicle  upon  any  way  or  in  any  place  to  which  the 
public  has  a  right  of  access  negligently  so  that  the  lives  or 
safetj^  of  the  public  might  be  endangered,  —  so  as  to  read 
as  follows :  — 

(c)  The  registrar,  after  having  revoked  the  license  of  any 
person  under  the  preceding  paragraph  of  this  section,  in  his 
discretion  may  issue  a  new  license  to  him,  if  the  prosecution 
of  such  person  in  the  superior  court  has  terminated  in  favor 
of  the  defendant,  or,  after  an  investigation  or  upon  hearing, 
may  issue  a  new  license  to  a  person  convicted  in  any  court 
of  the  violation  of  any  provision  of  paragraph  (2)  (a)  of  this 
section;  provided,  that  no  new  license  shall  be  issued  by 
the  registrar  to  any  person  convicted  of  going  away  without 
stopping  and  making  known  his  name,  residence  and  the 
register  number  of  his  motor  vehicle  after  having,  while 
operating  such  vehicle  upon  any  way  or  in  any  place  to 
which  the  public  has  a  right  of  access,  knowingly  collided 
with  or  otherwise  caused  injury  to  any  person  until  one 
year  after  the  date  of  his  original  conviction  if  for  a  first 
offence  or  two  years  after  the  date  of  any  subsequent  con- 
viction, or  to  any  person  convicted  of  violating  any  other 
provision  of  paragraph  (2)  (a)  of  this  section,  until  sixty 
days  after  the  date  of  his  original  conviction  if  for  a  first 
offence  or  one  year  after  the  date  of  any  subsequent  con- 
viction. But  the  registrar,  after  investigation,  may  at  any 
time  rescind  the  revocation  of  a  license  revoked  because  of 
a  conviction  of  operating  a  motor  vehicle  upon  any  way  or 
in  any  place  to  which  the  public  has  a  right  of  access  negli- 
gently so  that  the  lives  or  safety  of  the  public  might  be 
endangered.  Approved  March  19,  1937. 


Chav. lis  An  Act  relative  to  payment  of  compensation  of  guard- 
ians AD  LITEM  APPOINTED  BY  THE  LAND  COURT  ON  PETI- 
TIONS FOR  REGISTRATION  OF  TITLE  TO  LAND. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty  of  chapter  one  hundred  and  eighty-five  of 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  amended  by  striking  out,  in  the  sixth  and  seventh 
lines,  the  words  "part  of  the  expenses  of  the  court"  and 
inserting  in  place  thereof  the  words :  —  it  may  direct,  —  so 
as  to  read  as  follows :  —  Section  Jf.0.  Upon  the  return  of  the 
notice,  and  upon  proof  of  service  of  all  orders  of  notice  issued, 
the  court  may  appoint  a  disinterested  person  to  act  as  guard- 
ian ad  litem  for  minors,  and  for  persons  under  disability, 
and  for  all  persons  not  in  being,  unascertained,  unknown  or 
out  of  the  commonwealth,  who  may  have  an  interest.  The 
compensation  of  the  guardian  shall  be  determined  by  the 
court  and  paid  as  it  may  direct. 

Approved  March  19, 1937. 


G.  L.  (Ter. 
Ed.),  185,  §  40, 
amended. 


Guardian 
ad  litem. 


Acts,  1937. —Chap.  119.  93 


An  Act  authorizing  the  city  of  springfield  to  con-  CJiapAlQ 

STRUCT  FLOOD   PROTECTION   WORKS  ALONG  THE   CONNECTI- 
CUT  RIVER. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  city  of  Springfield,  for  the  purpose  of 
protecting  highways  and  pubUc  and  private  property  from 
damage  by  freshet  or  any  flow  of  the  Connecticut  river,  may, 
by  its  city  council,  from  time  to  time,  construct  dikes  or 
other  works  on  the  easterly  bank  and  easterly  of  the  harbor 
line  of  the  Connecticut  river  within  the  limits  of  said  city, 
and,  by  its  city  council,  may  divert  the  water  or  alter  the 
course  of  the  watercourse  known  as  Mill  river,  a  tributary 
of  said  Connecticut  river,  and  may  construct  tunnels  to 
conduct  the  waters  of  said  Mill  river  from  such  point  westerly 
of  Fort  Pleasant  avenue  as  said  city  council  may  determine 
to  be  reasonably  necessary  to  prevent  any  freshet  or  flow  of 
water  of  said  Connecticut  river  escaping  through  the  chan- 
nels of  said  Mill  river  to  the  areas  to  be  protected.  Said 
flood  protection  works  may  be  constructed  in  conjunction 
with  the  Connecticut  river  flood  protection  projects  of  the 
United  States  of  America.  The  provisions  of  sections  thir- 
teen and  twenty  of  chapter  ninety-one  of  the  General  Laws 
shall  apply  to  the  projects  herein  authorized. 

Section  2.  For  any  or  all  of  the  projects  authorized  by 
section  one,  said  city  may  take  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws,  or  acquire  by 
purchase  or  otherwise,  lands,  easements,  rights  of  way,  water 
rights  or  other  property,  on  the  easterly  side  of  said  Con- 
necticut river  or  on  one  or  both  sides  of  said  Mill  river,  or 
may  in  like  manner  take  or  otherwise  acquire  lands,  ease- 
ments, rights  of  way,  water  rights  and  other  property  to 
form  a  new  channel  for  said  ]\Iill  river,  and  may  enter  into 
and  upon  any  land  or  way,  and  may  do  thereon  work  neces- 
sary for  any  such  improvement;  and  any  person  who  is 
injured  in  his  property  by  any  act  of  said  city  under  any 
provision  of  this  act  may  recover  from  said  city  damages 
therefor  under  said  chapter  seventy-nine. 

Section  3.  For  the  purpose  of  meeting  appropriations 
for  any  or  all  of  the  projects  authorized  by  said  section  one, 
the  city  of  Springfield  may  use  the  proceeds  of  loans  issued 
under  authority  of  clause  (7)  of  section  seven  of  chapter 
forty-four  of  the  General  Laws. 

Section  4.  If  any  limited  and  determinable  area  within 
said  city  receives  benefit  other  than  the  general  advantage 
to  the  community  from  any  improvement  made  under  au- 
thority of  this  act,  under  an  order  declaring  the  same  to 
be  done  under  the  provisions  of  law  authorizing  the  assess- 
ment of  betterments,  the  city  council  of  said  city  shall,  within 
two  years  after  the  completion  of  such  improvement,  deter- 
mine the  value  of  such  benefit  or  advantage  to  the  lands 
within  such  area,  and  assess  upon  each  parcel  thereof  a  pro- 


94  Acts,  1937. —Chap.  120. 

portionate  share  of  the  cost  of  such  improvement,  including 
therein  all  costs  for  the  purchase  and  all  damages  for  the 
taking  of  lands,  easements,  rights  of  way,  water  rights  and 
other  property  in  order  to  carry  out  such  improvement,  and 
all  other  sums  expended  under  authority  of  this  act,  but  not 
exceeding  one  half  of  such  adjudged  benefit  or  advantage. 
The  provisions  of  chapter  eighty  of  the  General  Laws  shall 
apply  to  such  assessments  and  the  collection  thereof,  except 
as  otherwise  herein  provided.     Approved  March  19,  1937. 


Chap. 120  An  Act  re-establishing  a  certain  harbor  line  in  wey- 

MOUTH    FORE    RIVER    IN   QUINCY   AND    BRAINTREE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  harbor  line  on  the  westerly  side  of  Wey- 
mouth Fore  river  above  Quincy  Point  bridge,  as  established 
by  section  one  of  chapter  one  hundred  and  four  of  the  acts 
of  nineteen  hundred  and  twenty,  is  hereby  changed  so  as  to 
run  as  follows:  —  Beginning  at  a  point  on  the  southerly  side 
of  the  old  Quincy  Point  bridge,  so  called,  as  located  in  nine- 
teen hundred  and  twenty,  in  latitude  forty-two  degrees, 
fourteen  minutes,  forty-one  and  seven  tenths  seconds  north, 
and  longitude  seventy  degrees,  fifty-eight  minutes,  seven 
and  three  tenths  seconds  west;  thence  south  thirteen  de- 
grees, thirty-four  minutes,  thirty-five  seconds  west,  true 
bearing,  two  hundred  eight  and  twenty-eight  one  hundredths 
feet  to  a  point  near  the  southeasterly  corner  of  the  wharf  of 
the  heirs  of  Cyrus  Patch,  in  latitude  forty-two  degrees, 
fourteen  minutes,  thirty-nine  and  seven  tenths  seconds 
north,  and  longitude  seventy  degrees,  fifty-eight  minutes, 
seven  and  ninety-five  one  hundredths  seconds  west;  thence 
south  nineteen  degrees,  twenty-nine  minutes,  fourteen  sec- 
onds west,  true  bearing,  one  thousand  five  hundred  thirty- 
three  feet  to  a  point  in  latitude  forty-two  degrees,  fourteen 
minutes,  twenty-five  and  fortj'^-two  one  hundredths  seconds 
north  and  longitude  seventy  degrees,  fifty-eight  minutes, 
fourteen  and  seventy-five  one  hundredths  seconds  west; 
thence  turning  southerly  and  easterly  by  the  arc  of  a  circle 
of  one  thousand  feet  radius  one  thousand  two  hundred 
ninety  and  sLx  one  hundredths  feet  to  a  point  in  latitude 
forty-two  degrees,  fourteen  minutes,  fourteen  and  nine  one 
hundredths  seconds  north  and  longitude  seventy  degrees, 
fifty-eight  minutes,  nine  and  ninety-five  one  hundredths 
seconds  west;  thence  south  fifty-four  degrees,  twenty-five 
minutes,  thirty-six  seconds  east,  true  bearing,  seven  hundred 
eighty-seven  and  sLx  one  hundredths  feet  to  a  point  in  lati- 
tude forty-two  degrees,  fourteen  minutes,  nine  and  fifty- 
seven  one  hundredths  seconds  north  and  longitude  seventy 
degrees,  fifty-eight  minutes,  one  and  forty-four  one  hun- 
dredths seconds  west;  thence  south  eighty-two  degrees, 
thirteen  minutes,  fifty-five  seconds  east,  true  bearing,  one 
thousand  one  hundred  and  forty-three  one  hundredths  feet 


Acts,  1937. —Chap.  121.  95 

to  a  point  in  latitude  forty-two  degrees,  fourteen  minutes, 
eight  and  one  tenth  seconds  north,  and  longitude  seventy- 
degrees,  fifty-seven  minutes,  forty-six  and  ninety-five  one 
hundredths  seconds  west;  thence  curving  southerly  by  the 
arc  of  a  circle  of  four  hundred  feet  radius,  five  hundred 
forty-six  and  fifty-five  one  hundredths  feet,  to  a  point  in 
latitude  forty-two  degrees,  fourteen  minutes,  four  and  forty- 
six  one  hundredths  seconds  north  and  longitude  seventy  de- 
grees, fifty-seven  minutes,  forty-two  and  thirty-six  one  hun- 
dredths seconds  west;  thence  south  three  degrees,  fifty-six 
minutes,  thirty-three  seconds  east,  true  bearing,  seven  hun- 
dred fifty-six  and  forty-two  one  hundredths  feet  to  a  point 
in  latitude  forty-two  degrees,  thirteen  minutes,  fifty-seven 
and  one  one  hundredths  seconds  north  and  longitude  sev- 
enty degrees,  fifty-seven  minutes,  forty-one  and  sixty-seven 
one  hundredths  seconds  west;  thence  southerly  and  westerly 
by  the  arc  of  a  circle  of  four  hundred  feet  radius,  three  hun- 
dred seventy-six  and  sixteen  one  hundredths  feet  to  a  point 
in  latitude  forty-two  degrees,  thirteen  minutes,  fifty-three 
and  seventy-one  one  hundredths  seconds  north  and  longi- 
tude seventy  degrees,  fifty-seven  minutes,  forty-three  and 
fifty-five  one  hundredths  seconds  west;  thence  south  forty- 
nine  degrees,  fifty-six  minutes,  seventeen  seconds  west,  true 
bearing,  two  hundred  seventy-five  and  sixteen  one  hun- 
dredths feet  to  a  point  in  latitude  forty-two  degrees,  thir- 
teen minutes,  fifty-one  and  ninety-six  one  hundredths  sec- 
onds north  and  longitude  seventy  degrees,  fifty-seven 
minutes,  forty-six  and  thirty-five  one  hundredths  seconds 
west,  said  point  being  located  at  the  southerly  corner  of  a 
stone  wharf. 

The  bearings  and  geographical  positions  used  in  the  fore- 
going description  are  based  on  the  elements  of  Clark's 
spheroid  and  the  astronomical  data  adopted  by  the  United 
States  Coast  and  Geodetic  Survey  in  the  year  eighteen 
hundred  and  eighty. 

Section  2.  The  harbor  line  on  the  Quincy  and  Brain- 
tree  side  of  said  river,  as  estabUshed  by  said  section  one  of 
said  chapter  one  hundred  and  four,  is  hereby  abolished. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  2S,  1937. 

An   Act  prohibiting,   during   certain  months  of  the  Chav.121 

YEAR,    the   taking    OF    EDIBLE    CRABS    FROM    THE    WATERS 
within    THE    JURISDICTION    OF    THE    COMMONWEALTH. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  preamble, 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  thirty  of  the  General  Laws  is  a.  l.  (Ter. 
hereby  amended  by  inserting  after  section  forty-one,   as  ^ecti'onTiA^* 

added. 


96 


Acts,  1937. —Chaps.  122,  123. 


Possession  of 
edible  crabs 
regulated. 


appearing  in  section  two  of  chapter  three  hundred  and 
twenty-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
three,  the  following  new  section:  —  Section  JflA.  No  per- 
son, either  as  principal,  agent  or  employee,  shall,  between 
January  first  and  March  thirty-first,  both  dates  inclusive, 
in  any  year,  take  or  catch  edible  crabs,  by  the  use  of  traps 
or  otherwise,  from  any  waters  within  the  jurisdiction  of  the 
commonwealth.  Violation  of  this  section  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  nor  more  than  fifty 
dollars.  Approved  March  23,  1937. 


G.  L.  (Ter. 
Ed.),  159B, 
§  13,  etc., 
amended. 


Chap. 122  An  Act  relating  to  the  licensing  by  the  police  com- 
missioner FOR  THE  CITY  OF  BOSTON  OF  CERTAIN  MOTOR 
VEHICLES    TRANSPORTING    PROPERTY    FOR   HIRE. 

Be  it  enacted,  etc.,  as  folloios: 

Section  thirteen  of  chapter  one  hundred  and  fifty-nine  B 
of  the  General  Laws,  as  appearing  in  section  one  of  chapter 
two  hundred  and  sixty-four  of  the  acts  of  nineteen  hundred 
and  thirty-four,  is  hereby  amended  by  adding  at  the  end  the 
following:  —  No  person  holding  a  certificate  or  a  permit 
issued  under  the  provisions  of  this  chapter  and  authorizing 
the  transportation  of  property  for  hire  by  motor  vehicle 
within  the  city  of  Boston  shall  be  required  to  obtain  a  license 
from  the  police  commissioner  for  said  city  on  account  of  such 
transportation  or  the  use  of  motor  vehicles  therein,  —  so 
as  to  read  as  follows:  —  Section  13.  Nothing  contained  in 
this  chapter  shall  lessen  or  affect  the  authority  or  powers  of 


Powers  of 
certain  public 
officers  rela- 


motor°ve'hkies.^  ^^^  department  of  public  works  or  of  the  registrar  of  motor 
vehicles  under  chapter  ninety.  No  person  holding  a  certifi- 
cate or  a  permit  issued  under  the  provisions  of  this  chapter 
and  authorizing  the  transportation  of  property  for  hire  by 
motor  vehicle  within  the  city  of  Boston  shall  be  required  to 
obtain  a  license  from  the  police  commissioner  for  said  city  on 
account  of  such  transportation  or  the  use  of  motor  vehicles 
therein.  Approved  March  23,  1937. 


Chav. 123  An  Act  establishing  a  cposE  season  for  fish  with  re- 
spect TO  which  no  close  season  is  otherwise  estab- 
lished BY  law. 


G.  L.  (Ter. 
Ed.),  131,  new 
section  49A, 
added. 

General  close 
season  for  fish. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  thirty-one  of  the  General  Laws 
is  hereby  amended  by  inserting  after  section  forty-nine,  as 
amended,  the  following  new  section:  —  Section  49 A.  No 
person,  except  as  otherwise  permitted  by  law,  shall  between 
March  first  and  April  fourteenth,  both  dates  inclusive,  fish 
in  any  inland  waters  of  the  commonwealth  for  any  particular 
species  of  fish  with  respect  to  which  no  close  season  is  other- 
wise established  by  law.  The  possession  by  any  person  in 
or  upon  inland  waters  or  upon  the  banks  of  the  same  between 


Acts,  1937.  —  Chaps.  124,  125,  126.  97 

the  above  dates  of  any  net,  trap,  trawl  or  other  device 
adapted  for  fishing  for  such  species  of  fish  shall  be  prima 
facie  evidence  of  a  violation  of  this  section. 

Approved  March  23,  1937. 

An  Act  relative  to  the  granting  and  taking  effect  of  Chap. 124: 

LICENSES  TO  KEEP  CERTAIN  PLACES  OF  BUSINESS  OPEN  ON 
THE   lord's   day. 

Be  it  enacted,  etc.,  as  follows: 

Section  eight  of  chapter  one  hundred  and  thirty-six  of  G^L.|T|r. 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition,  ameAded." 
is  hereby  amended  by  striking  out  the  second  sentence  and 
inserting   in   place   thereof   the   following:  —  Such   licenses 
shall  expire  on  April  thirtieth  of  each  year;    but  they  may 
be  granted  during  April,  to  take  effect  on  May  first  follow- 
ing, —  so  as  to  read  as  follows :  —  Section  8.    Every  license  Provisions 
granted  under  the  preceding  section  shall  specify  the  street  pU^Ixpira- 
or  place  and  the  number,  if  any,  or  if  there  is  no  number,  the  tion  of. 
location  of  the  place  of  business  in  which  the  license  is  to  be 
exercised,  and  the  license  shall  not  be  valid  in  any  other 
place.     Such  licenses  shall  expire  on  April  thirtieth  of  each 
year;   but  they  may  be  granted  during  April,  to  take  effect 
on  May  first  following.     The  fee  for  such  license  shall  not 
be  more  than  five  dollars  a  year,  and  it  may  be  suspended 
or  revoked  by  the  officer  or  board  granting  the  same. 

Approved  March  23,  1937. 

An  Act  extending  the  liability  of  needy  persons  and  (Jjidj)  ]^25 

THEIR  estates  TO  TOWNS  FURNISHING  THEM  SUPPORT,  SO 
AS  TO  INCLUDE  TOWNS  OTHER  THAN  THE  TOWN  OF  SETTLE- 
MENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  one  hundred  and  seventeen  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  ^^jj^^jgj*  ^  ^' 
is  hereby  amended  by  striking  out,  in  the  second  line,  the 
words  "the  town  where  he  has  a  settlement"  and  inserting 
in  place  thereof  the  words :  —  any  town,  —  so  as  to  read 
as  follows :  —  Section  5.    A  person,  his  executor  or  adminis-  Liability 
trator,  shall  be  liable  in  contract  to  any  town  for  expenses  ^°''  ''"pp"'"^- 
incurred  by  it  for  his  support. 

Approved  March  23,  1937. 

An   Act  authorizing   the   Isabella   stewart  Gardner  r*/,^^  lofi 

MUSEUM,    INCORPORATED,   TO   HOLD   ADDITIONAL   REAL   AND  '   ' 

PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

The  Isabella  Stewart  Gardner  Museum,  Incorporated,  a 
charitable  institution  organized  under  the  general  laws 
relating  to  charitable  corporations  to  carry  out  the  chari- 


98  Acts,  1937. —Chap.  127. 

table  provisions  contained  in  the  will  of  Isabella  Stewart 
Gardner,  may  hold  real  and  personal  estate  to  an  amount 
not  exceeding  twelve  million  dollars  notwithstanding  the 
limitation  provided  by  section  nine  of  chapter  one  hun- 
dred and  eighty  of  the  General  Laws,  which  estate  shall  be 
devoted  to  the  purposes  of  said  institution  as  provided  in 
said  section  nine.  Approved  March  23,  1937. 


Chap.127  An    Act    relocating    certain    harbor    lines    in    new 

BEDFORD   HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  third  paragraph  of  section  one  of  chap- 
ter eighty  of  the  acts  of  nineteen  hundred  and  twenty-nine 
is  hereby  amended  by  striking  out,  in  the  eighty-second  to 
the  ninety-third  lines,  inclusive,  the  words  "four  hundred 
eighty  and  fifty-seven  one  hundredths  feet  to  point  T  in  lati- 
tude four  thousand  five  hundred  thirty-eight  and  ninety- 
three  one  hundredths  feet  north  and  longitude  five  thousand 
twenty  and  six  one  hundredths  feet  west,  said  point  T  being 
located  south  nineteen  degrees,  fourteen  minutes,  fifty-three 
seconds  east,  true  bearing,  one  hundred  sixty-seven  and 
eighty-two  one  hundredths  feet  from  Mark  15  near  the 
southeasterly  corner  of  the  Union  street  railway  wharf  in 
New  Bedford;  thence  south  fifty-six  degrees,  nineteen  min- 
utes, twenty-six  seconds  east,  true  bearing,  eight  hundred 
twentj'^-two  and  sixty-four  one  hundredths  feet"  and  insert- 
ing in  place  thereof  the  following:  —  three  hundred  fifteen 
and  ten  one  hundredths  feet  to  point  Tl,  in  latitude  four 
thousand  seven  hundred  two  and  seven  one  hundredths  feet 
north  and  longitude  five  thousand  forty-seven  and  seventy- 
five  one  hundredths  feet  west,  said  point  Tl  being  located 
north  eighty  degrees,  twenty  minutes,  forty-six  seconds, 
east,  true  bearing,  twenty-eight  and  three  one  hundredths 
feet  from  Mark  15  near  the  southeasterly  corner  of  Union 
street  railway  wharf  in  New  Bedford;  thence  south  forty- 
eight  degrees,  fifty-nine  minutes,  forty-one  seconds  east, 
true  bearing,  nine  hundred  forty-three  and  eighty-six  one 
hundredths  feet,  —  so  as  to  read  as  follows:  —  Beginning  at 
point  L  in  latitude  sixteen  thousand  four  hundred  twenty- 
eight  and  sixteen  one  hundredths  feet  north  and  longitude 
four  thousand  five  hundred  thirty-four  and  seven  one  hun- 
dredths feet  west,  said  point  L  being  the  most  northerly 
point  of  the  harbor  line  hereby  established  on  the  westerly 
side  of  Acushnet  river,  being  located  north  four  degrees, 
twenty-one  minutes,  fifty-five  seconds  east,  true  bearing, 
three  hundred  sixty-three  and  fifty-eight  one  hundredths 
feet  from  Mark  10  on  the  Manomet  mill  property;  thence 
south  five  degrees,  twenty  minutes,  thirty-three  seconds 
east,  true  bearing,  three  thousand  seven  hundred  fifteen 
and  three  tenths  feet  to  point  M  in  latitude  twelve  thousand 
seven  hundred  twenty-nine  feet  north  and  longitude  four 


Acts,  1937. —Chap.  127.  99 

thousand  one  hundred  eighty-eight  and  fourte<;n  one  hun- 
dredths feet  west,  said  point  M  being  located  north  seventy- 
six  degrees,  forty-two  minutes,  fifty-seven  seconds  east,  true 
bearing,  one  thousand  seven  hundred  thirteen  and  forty- 
seven  one  hundredths  feet  from  a  stone  monument  at  the 
southeasterly  corner  of  Belleville  avenue  and  Sawyer  street 
in  New  Bedford;  thence  south  thirty-four  minutes,  two 
seconds  west,  true  bearing,  one  thousand  one  hundred  forty- 
four  and  eighty-eight  one  hundredths  feet  to  point  N  in  lati- 
tude eleven  thousand  five  hundred  eighty-four  and  seven- 
teen one  hundredths  feet  north  and  longitude  four  thousand 
one  hundred  ninety-nine  and  forty-eight  one  hundredths 
feet  west,  said  point  N  being  located  south  two  degrees, 
thirty-two  minutes,  forty-nine  seconds  east,  true  bearing, 
fifty-nine  and  forty-eight  one  hundredths  feet  from  Mark 
11  on  the  Coggeshall  street  bridge  near  the  New  Bedford 
end;  thence  south  twenty-seven  degrees,  thirteen  minutes, 
eight  seconds  west,  true  bearing,  one  thousand  one  hundred 
two  and  seven  one  hundredths  feet  to  point  O  in  latitude 
ten  thousand  six  hundred  four  and  fifteen  one  hundredths 
feet  north  and  longitude  four  thousand  seven  hundred  three 
and  fifty-five  one  hundredths  feet  west,  said  point  O  being 
located  south  twenty  degrees,  fifty-one  minutes,  sixteen  sec- 
onds east,  true  bearing,  two  hundred  eighty-five  and  seven 
one  hundredths  feet  from  Mark  12  at  the  easterly  end  of 
Washburn  street  in  New  Bedford;  thence  south  twelve  de- 
grees, thirtj'-eight  minutes,  twenty  seconds  west,  true  bear- 
ing, one  thousand  five  hundred  fifty-four  and  ninety-seven 
one  hundredths  feet  to  point  P  in  latitude  nine  thousand 
eighty-six  and  eighty-six  one  hundredths  feet  north  and 
longitude  five  thousand  forty-three  and  seventy-nine  one 
hundredths  feet  west,  said  point  P  being  located  north 
eighty-two  degrees,  forty-one  minutes,  thirty  seconds  east, 
true  bearing,  three  hundred  thirteen  and  eight  one  hun- 
dredths feet  from  Mark  13  near  the  southeasterly  corner  of 
Wamsutta  wharf  in  New  Bedford;  thence  south  three  de- 
grees, forty-six  minutes,  fifty  seconds  west,  true  bearing, 
three  thousand  ninety-nine  and  thirty-eight  one  hundredths 
feet  to  point  Q  in  latitude  five  thousand  nine  hundred 
ninety-four  and  twenty-thiee  one  hundredths  feet  north  and 
longitude  five  thousand  two  hundred  forty-eight  and  fifteen 
one  hundredths  feet  west,  said  point  Q  being  located  north 
seventy-five  degrees,  twenty  minutes,  thirty  seconds  east, 
true  bearing,  six  hundred  twenty-six  and  forty-six  one  hun- 
dredths feet  from  a  stone  monument,  at  the  intersection  of 
the  southerly  line  of  Hilhnan  street,  extended  easterly,  and 
the  westerly  line  of  North  Water  street  extended  northerly, 
in  New  Bedford;  thence  south  three  degrees,  fifteen  min- 
utes, foity-four  seconds  east,  true  bearing,  five  hundred 
forty-seven  and  seventy-three  one  hundredths  feet  to  point 
R  in  latitude  five  thousand  four  hundred  forty-seven  and 
thirty-eight  one  hundredths  feet  north  and  longitude  five 
thousand  two  hundred  sixteen  and  ninety-eight  one  bun- 


100  Acts,  1937. —Chap.  127. 

dredths  feet  west,  said  point  R  being  located  south  eighty- 
one  degrees,  fifty-eight  minutes,  twenty  seconds  east,  true 
bearing,  six  hundred  two  and  thirteen  one  hundredths  feet 
from  a  stone  monument  at  the  southwest  corner  of  North 
street  and  North  Water  street  in  New  Bedford ;  thence  south 
fifteen  degrees,  twenty-one  seconds  east,  true  bearing,  four 
hundred  fifty  feet  to  point  S  in  latitude  five  thousand  twelve 
and  seventy-three  one  hundredths  feet  north  and  longitude 
five  thousand  one  hundred  and  forty-seven  one  hundredths 
feet  west,  said  point  S  being  located  north  seventy-seven 
degrees,  twenty-eight  minutes,  twenty-one  seconds  east,  true 
bearing,  fifteen  and  forty-four  one  hundredths  feet  from 
Mark  14  on  the  southerly  side  of  the  New  Bedford  and  Fair- 
haven  bridge  near  the  New  Bedford  end;  thence  south,  nine 
degrees,  thirty-seven  minutes,  fifty-six  seconds  east,  true 
bearing,  three  hundred  fifteen  and  ten  one  hundredths  feet 
to  point  Tl,  in  latitude  four  thousand  seven  hundred  two 
and  seven  one  hundredths  feet  north  and  longitude  five 
thousand  forty-seven  and  seventy-five  one  hundredths  feet 
west,  said  point  Tl  being  located  north  eighty  degrees, 
twenty  minutes,  forty-six  seconds,  east,  true  bearing,  twenty- 
eight  and  three  one  hundredths  feet  from  Mark  15  near  the 
southeasterly  corner  of  Union  street  railway  wharf  in  New 
Bedford;  thence  south  forty-eight  degrees,  fifty-nine  min- 
utes, forty-one  seconds  east,  true  bearing,  nine  hundred 
forty-three  and  eighty-six  one  hundredths  feet  to  point  U  in 
latitude  four  thousand  eighty-two  and  seventj^-eight  one 
hundredths  feet  north  and  longitude  four  thousand  three 
hundred  thirty-five  and  forty-seven  one  hundredths  feet 
west,  said  point  U  being  located  south  sixty-nine  degrees, 
forty-four  minutes,  twenty-four  seconds  east,  true  bearing, 
seventy-seven  and  seventy-two  one  hundredths  feet  from 
Mark  16  near  the  northwesterly  corner  of  the  state  pier  in 
New  Bedford;  thence  south  fourteen  degrees,  three  min- 
utes, ten  seconds  east,  true  bearing,  six  thousand  five  hun- 
dred ninety-three  feet  to  point  V  in  latitude  two  thousand 
three  hundred  twelve  and  ninety-one  one  hundredths  feet 
south  and  longitude  two  thousand  seven  hundred  thirty- 
four  and  fifty-nine  one  hundredths  feet  west,  said  point  V 
being  located  north  forty-two  degrees,  fourteen  minutes, 
thirty-one  seconds  east,  true  bearing,  two  hundred  fifty-one 
and  sixty-one  one  hundredths  feet  from  Mark  17  on  the 
easterly  end  of  the  Cove  street  storm  sewer,  point  V  being 
the  southerly  end  of  the  harbor  line  hereby  established  on 
the  easterly  side  of  New  Bedford  harbor. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1937. 


Acts,  1937. —Chaps.  128,  129.  101 


An  Act  to  enable  the  city  of  boston  to  use  for  general  QJiq^  128 
purposes  of  the  county  of  suffolk  a  certain  sum  of 
money  now  in  the  custody  of  said  city.. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  superior  court,  after  notice  to  the  city 
of  Boston  and  the  attorney  general,  may  by  order  authorize 
said  city  to  use  for  the  genei'al  purposes  of  the  county  of 
Suffolk  the  sums,  aggregating  fourteen  thousand,  three  hun- 
dred and  twenty-six  dollars  and  twenty-three  cents,  paid  to 
the  collector  of  the  city  of  Boston  by  the  clerk  of  the  superior 
court  for  civil  business  within  and  for  the  county  of  Suffolk, 
and  now  held  by  said  city  subject  to  the  further  order  of 
said  court,  pursuant  to  an  order  made  upon  the  suggestion 
of  said  clerk  on  March  eleventh,  nineteen  hundred  and 
twenty-one,  in  case  numbered  one  hundred  and  thirty  thou- 
sand and  seventy  of  the  files  and  records  on  the  law  side  of 
said  court  within  and  for  said  county,  together  with  all  in- 
terest received  by  said  city  on  all  or  any  part  of  said  sums, 
and  thereafter  said  city  may  use  said  funds  as  so  authorized. 

Section  2.  At  any  time  within  six  years  after  the  mak- 
ing of  the  order  authorized  by  section  one,  said  court,  upon 
the  petition  of  any  person  claiming  any  part  of  the  sums  to 
which  such  order  relates,  and  after  notice  to  the  city  of 
Boston,  may  order  such  amount  as  it  finds  to  be  due  to  him 
out  of  such  sums  to  be  paid  to  him  out  of  any  available 
funds  in  the  treasury  of  said  city. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1937. 

An  Act  relative  to  assessors  and  assistant  assessors.  (JJidj)  129 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  forty-one  of  the  General  Laws,  as  g.  l.  (Ter. 
appearing  in  the  Tercentenary  Edition,  is  herebj''  amended  J^peated.^  ^^'^' 
by  striking  out  section  twenty-four  A. 

Section  2.      Said    chapter   forty-one   is   hereby   further  g.  l.  (Ter. 
amended  by  striking  out  section  twenty-five,  as  so  appear-  amended.^  ^^' 
ing,  and  inserting  in  place  thereof  the  following :  —  Section  Appointment 
25.     In  towns  which  accept  this  section  or  have  accepted  of  assessors, 
corresponding  provisions  of  earlier  laws,  the  selectmen  shall 
appoint  suitable  citizens  of  the  town  assessors  for  a  term  of 
not  more  than  three  years,  and  may  remove  them  at  any 
time  for  cause  after  a  hearing.     Upon  the  qualification  of 
persons  so  appointed  the  term  of  existing  assessors  of  such 
town  shall  terminate. 

Section  3.      Said    chapter   forty-one   is   hereby   further  g.  l.  (Ter. 
amended  by  striking  out  section  twenty-five  A,  as  so  appear-  amended.^  ^^'^' 
ing,  and  inserting  in  place  thereof  the  following:  —  Section  Assistant 
25 A.    The  assessors,  during  the  month  of  December  in  each  assessors, 

1      11  .     ,  •    i_       j_  1  1  e  appointment  of. 

year,  shall  appomt  as  assistant  assessors  such  number  oi 
suitable  citizens  of  the  town  as  they  deem  necessary,  and 


102  Acts,  1937. —Chaps.  130,  131. 

may  remove  them.  Such  assistant  assessors  shall  perform 
such  duties  as  the  assessors  may  require  for  such  time  as 
they  may  determine  and  shall  receive  compensation  only  for 
duties  performed  as  so  required.  Every  such  assistant  as- 
sessor shall  hold  office  for  the  calendar  year  following  his 
appointment  unless  sooner  removed;  provided,  that,  in  case 
the  assessors  fail  to  appoint  a  successor  to  any  such  assistant 
assessor  during  the  month  of  December  preceding  the  ex- 
piration of  his  term  of  office,  he  shall  continue  to  serve 
during  the  ensuing  calendar  year  unless  sooner  removed. 
This  section  shall  apply  in  all  cities  and  towns,  except  Bos- 
ton, notwithstanding  any  provision  of  special  law. 
Sj^iT^t'ofl         Section  4.      Said    chapter   forty-one   is   hereby   further 

Ed.),  41,  §  26,  111  J.-1-  J.  .■  1  J.         ■ 

amended.  amended  by  strikmg  out  section  twenty-six,  as  so  appear- 

Appointraent,  iug,  and  inserting  in  place  thereof  the  following:  —  Section 
sefectmen.  ^6.  If  a  town  votcs  Under  section  twenty-one  to  have  its 
selectmen  appoint  a  board  of  assessors,  the  selectmen  shall 
thereupon  appoint  three  or  five  suitable  persons  as  assessors, 
who  shall  act  as  assessors  of  the  town  and  shall  have  all 
necessary  powers  therefor.  Approved  March  25,  1937. 


Chap. 130  An  Act  relative  to  the  sale  of  artificial  flowers  by 

HAWKERS  AND   PEDLERS. 

Be  it  enacted,  etc.,  as  follows: 

Ed.h  ioiT§  16,  Section  sixteen  of  chapter  one  hundred  and  one  of  the 
etc'ameAded.  ■  General  Laws,  as  amended  by  chapter  forty-two  of  the 
acts  of  nineteen  hundred  and  thirty-five,  is  hereby  further 
amended  by  inserting  before  the  word  "artificial"  in  the 
third  and  sixth  lines,  in  each  instance,  the  word :  —  small, 
—  and  by  adding  at  the  end  the  following  new  sentence :  — 
For  the  purposes  of  this  section,  a  "small  artificial  flower" 
shall  mean  any  artificial  flower  the  blossom  or  body  of 
which  does  not  exceed  two  and  one  quarter  inches  in  any 
certain  articles  dimension,  —  SO  as  to  read  as  follows:  —  Section  16.  The 
prohibited.  sale  by  hawkcrs  or  pedlers  of  jewelry,  furs,  wines  or  spirit- 
uous liquors,  small  artificial  flowers  or  miniature  flags  is 
prohibited.  Nothing  in  this  section  shall  be  construed  to 
prevent  the  granting  of  temporary  licenses  under  section 
thirty-three  for  the  sale  of  small  artificial  flowers  or  minia- 
ture flags.  For  the  purposes  of  this  section,  a  "small  arti- 
ficial flower"  shall  mean  any  artificial  flower  the  blossom  or 
body  of  which  does  not  exceed  two  and  one  quarter  inches  in 
any  dimension.  Approved  March  25,  1937. 

Chap.131  An  Act  relative  to  the  arrangement  of  the  names  of 

CANDIDATES    ON    BALLOTS    TO    BE    USED    AT    PRELIMINARY 
elections    IN    THE    CITY   OF   FALL   RIVER. 

Be  it  enacted,  etc.,  as  follows: 

The  names  of  candidates  for  nomination  at  prefiminary 
elections  in  the  city  of  Fall  River  shall  be  arranged  on  the 


Acts,  1937. —Chaps.  132,  133.  103 

official  ballots  to  be  used  at  such  elections  alphabetically 
according  to  their  surnames,  notwithstanding  any  provision 
of  chapter  forty-three  of  the  General  Laws. 

Approved  March  25,  1937. 

An  Act  relative  to  exemption  from  the  payment  of  fhn^  iqo 

LOCAL   taxes    on    TANGIBLE    PERSONAL   PROPERTY.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  fifty-nine  of  the  General  Laws,  as  g.  l.  (Ter. 
most  recently  amended  by  section  one  of  chapter  three  hun-  ^tl^'amenVed. 
dred  and  sixty-two  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  striking  out  clause 
twentieth,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following :  — 

Twentieth,   The  wearing  apparel,  farming  utensils  and  Exemption 

,  1  !<•  ij^iiipi-i        1-c        from  taxation 

cash  on  hand  oi  every  person  and  the  tools  oi  his  trade  it  a  of  wearing 
mechanic,  to  any  amount;  and  to  an  amount  not  exceeding  ^pparei.  etc. 
a  total  value  of  one  thousand  dollars  in  respect  to  all  the 
articles  hereinafter  specified  in  this  clause,  his  household 
furniture  and  effects,  including  jewelry,  plate,  works  of  art, 
musical  instruments,  radios  and  garage  or  stable  accessories, 
used  or  commonly  kept  in  or  about  the  dwelling  of  which 
he  is  the  owner  of  record  or  for  the  use  of  which  he  is  obli- 
gated to  pay  rent,  and  which  is  the  place  of  his  domicile, 
and  boats,  fishing  gear  and  nets  owned  and  actually  used 
by  him  in  the  prosecution  of  his  business  if  engaged  exclu- 
sively in  commercial  fishing.        Approved  March  25,  1937. 

An  Act  relative  to  the  time  of  filing  in  district  (JJiqjj  ^^33 
courts,  by  plaintiffs  in  actions  of  tort  arising  out  ^ 

of  the  operation  of  motor  vehicles,  of  claims  of 
trial  by  the  superior  court, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  two  A  of  chapter  g.  l.  (Ter. 
two  hundred  and  thirty-one  of  the  General  Laws,  inserted  f'{i]^A^g'tc 
by  section  three  of  chapter  three  hundred  and  eighty-seven  amended. 
of  the  acts  of  nineteen  hundred  and  thirty-four,  is  hereby 
amended  by  striking  out,  in  the  ninth  hne,  the  words  "less 
than  two  nor",  —  so  as  to  read  as  follows:  —  Section  102 A.  Removal  of 
A  party  bringing  in  a  district  court  an  action  of  tort  arising  brought  in 
out  of  the  operation  of  a  motor  vehicle  shall  thereby  be  '^•^*'"'=*^  ''""'■*^- 
deemed  to  have  waived  a  trial  by  jury  and  any  right  of 
appeal  to  the  superior  court,  unless  said  action  is  removed 
to  the  superior  court  as  provided  in  this  section,  but  in 
case  such  action  is  so  removed  by  any  other  party  the 
plaintiff  shall  have  the  same  right  to  claim  a  jury  trial  as  if 
the  action  had  been  originally  brought  in  the  superior  court. 
Not  more  than  four  days  after  the  entry  of  such  an  action 
in  a  district  court,  the  plaintiff  may  file  in  said  court  a 
claim  of  trial  by  the  superior  court,  with  or  without  jury, 


104  Acts,  1937. —Chap.  134. 

and  an  affidavit  by  his  counsel  of  record,  if  any,  and  if  none, 
the  affidavit  of  such  party,  that  in  his  opinion  there  is  an 
issue  of  fact  or  law  requiring  trial  in  the  cause  and  that 
such  trial  is  in  good  faith  intended,  together  with  the  sum 
of  three  dollars  for  the  entry  of  the  cause  in  the  superior 
court.  The  clerk  shall  forthwith  transmit  the  papers  in  the 
cause  and  said  entry  fee  to  the  clerk  of  the  superior  court, 
and  the  case  shall  proceed  as  though  originally  entered 
there. 

No  other  party  to  such  action  shall  be  entitled  to  an 
appeal.  In  lieu  thereof,  any  such  other  party  may  remove 
such  action  to  the  superior  court  and  the  pertinent  provi- 
sions of  sections  one  hundred  and  four  to  one  hundred  and 
ten,  inclusive,  shall  apply  thereto.  If  a  trial  by  jury  is 
claimed  by  any  party  such  action  may  be  marked  for  trial 
upon  the  list  of  causes  advanced  for  speedy  trial  by  jury. 
Effective  SECTION  2.    This  act  shall  take  effect  on  July  first  of  the 

current  year.  Approved  March  25,  1937. 


date. 


C/?a79. 134  ^^    ^^'^    INCREASING    THE    MEMBERSHIP    OF    THE    BOARD    OF 
PUBLIC    WELFARE    OF   THE    CITY   OF   MEDFORD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirty-two  of  chapter  three  hundred 
and  forty-five  of  the  acts  of  nineteen  hundred  and  three  is 
hereby  amended  by  striking  out  clause  Eighth  and  insert- 
ing in  place  thereof  the  following :  — 

Eighth.  A  board  of  public  welfare,  consisting  of  five 
persons. 

Section  2.  Of  the  additional  members  of  the  board  of 
public  welfare  of  the  city  of  Medford  authorized  by  section 
one  of  this  act,  one  shall  be  appointed  by  the  mayor,  subject 
to  confirmation  by  the  board  of  aldermen,  to  serve  until  the 
first  Monday  in  March  in  the  year  nineteen  hundred  and 
thirty-nine,  and  one  to  serve  until  the  first  Monday  in 
March  in  the  year  nineteen  hundred  and  forty;  and  their 
respective  successors  shall  be  appointed  subject  to  the  pro- 
visions of  section  thirty-four  of  said  chapter  three  hundred 
and  forty-five. 

Section  3.  This  act  shall  be  submitted  for  acceptance  to 
the  registered  voters  of  the  city  of  Medford  at  its  city  elec- 
tion in  the  current  year  in  the  form  of  the  following  question 
which  shall  be  placed  upon  the  official  ballot  to  be  used  at 
said  election:  "Shall  an  act  passed  by  the  general  court  in 
the  year  nineteen  hundred  and  thirty-seven,  entitled  'An 
Act  increasing  the  Membership  of  the  Board  of  Public 
Welfare  of  the  City  of  Medford',  be  accepted?"  If  a  ma- 
jority of  the  voters  voting  thereon  votes  in  the  affirmative 
in  answer  to  said  question,  this  act  shall  thereupon  take 
effect,  but  not  otherwise.  Approved  March  25,  1937. 


Acts,  1937.  —  Chap.  135.  105 


An  Act  relative  to  forms  of  application  for  abate-  (Jho^r)  135 

MENT  OF  TAXES  AND  CERTAIN  OTHER  FORMS  AND  THE      ^' 
APPROVAL  THEREOF  BY  THE  COMMISSIONER  OF  CORPORA- 
TIONS AND  TAXATION. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     Chapter  fifty-eight  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  adding  at  the  end,  under  the  heading  fectioi^'ai"*'"' 
"forms",  the  following  new  section :  —  Section  SI.    In  addi-  added. 
tion  to  the  forms  expressly  required  by  any  other  provision  Forms  of 
of  law  to  be  as  prescribed  or  approved  by  the  commissioner,  '^^'^  nations, 
such  other  forms  as  may  be  deemed  by  him  to  be  neces- 
sary or  convenient  for  use  under  any  provision  of  chapters 
fifty-nine  to  sixty-five  A,  inclusive,  shall  be  as  prescribed  or 
approved  by  him;   provided,  that  variance  from  a  form  so 
prescribed  or  approved  shall  not  affect  the  validity  of  the 
form  so  used,  if  the  form  used  is  in  substantial  conformity 
to  that  so  prescribed  or  approved,  and  the  commissioner 
shall,  upon  written  request,  approve  said  form  for  the  par- 
ticular use  intended.    In  any  case  where  the  commissioner, 
under  authority  hereinbefore   granted   to   him,   shall   pre- 
scribe or  approve  only  a  portion  of  a  form  as  being  neces- 
sary or  convenient  for  use,  the  provisions  of  this  section 
relative  to  forms  shall  apply  to  such  portion  of  a  form. 

Section  2.  Section  forty-three  of  chapter  sixty-two  of  g  l.  (Ter. 
the  General  Laws,  as  amended  by  section  five  of  chapter  etc!, 'amended'. 
three  hundred  and  fifty  of  the  acts  of  nineteen  hundred  and 
thirty-three,  is  hereby  further  amended  by  inserting  after 
the  word  "apply"  in  the  third  line  the  words:  —  in  writing, 
—  and  by  inserting  after  the  word  "commissioner"  in  the 
same  line  the  words:  —  on  a  form  approved  by  him,  —  so 
as  to  read  as  follows:  —  Section  A3.  Any  person  aggrieved  Abatement  by 
by  the  assessment  of  a  tax  under  this  chapter  may  apply  in 
writing  to  the  commissioner  on  a  form  approved  by  him  for 
an  abatement  thereof  at  any  time  within  six  months  after 
the  date  of  the  notice  of  the  assessment,  or,  if  he  dies  during 
said  six  months  his  executor  or  administrator  may  apply 
for  such  abatement  within  one  month  after  his  appoint- 
ment; and  if,  after  a  hearing,  the  commissioner  finds  that 
the  tax  is  excessive  in  amount  or  that  the  person  assessed  is 
not  subject  thereto,  he  shall  abate  it  in  whole  or  in  part 
accordingly.  If  the  tax  has  been  paid,  the  state  treasurer 
shall  repay  to  the  person  assessed  the  amount  of  such  abate- 
ment, with  interest  thereon  at  the  rate  of  six  per  cent  per 
annum  from  the  time  when  it  was  paid,  but  not  from  a 
time  earlier  than  October  first  of  the  year  in  which  the  return 
of  income  subject  to  said  tax  was  required  to  be  filed.  The 
commissioner  shall  notify  the  petitioner  by  registered  letter 
of  his  decision  upon  the  petition. 

Section  3.     Chapter  sixty-three  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  inserting  after  section  seventy-one  A,  ^ction^n^'' 
as   amended,    the    following   new    section:  —  Section    7i 5.  added. 


commissioner. 


106  Acts,  1937.  —  Chaps.  136,  137. 

AppWcai^onto  Applications  for  abatement  or  correction  of  taxes,  made 
pursuant  to  any  provision  of  this  chapter,  shall  be  in  writing 
upon  forms  approved  by  the  commissioner. 

Approved  March  25,  1937. 


Chap. 136  ^'^  -^CT  RELATIVE  TO  THE  WILFUL  PARTICIPATION  BY  ANY 
PERSON  IN  CONSPIRACIES  TO  COMMIT,  OR  IN  THE  COM- 
MITMENT, TO  INSTITUTIONS  FOR  THE  INSANE  OF  PERSONS 
WHO    ARE   NOT   INSANE. 

Be  it  enacted,  etc.,  as  follows: 

Ed.xmriiio,      Section  one  hundred  and  ten  of  chapter  one  hundred 
amended!       '  and  twenty-three  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  first  line,  the  words  "A  physician  who"  and  inserting 
in  place  thereof  the  word :  —  Whoever,  —  and  by  inserting 
after  the  word  "insane"  in  the  thiid  line  the  words:  —  or 
wilfully  assists  in  or  connives  at  such  a  commitment,  — 
Conspiracy        SO  as  to  read  as  follows:  —  Section  110.     Whoever  wilfully 
sanTpeTaon*       couspires  with  a  person  unlawfully  or  improperly  to  com- 
mit to  an  institution  for  the  insane  a  person  who  is  not  in- 
sane or  wilfully  assists  in  or  connives  at  such  a  commit- 
ment shall  be  punished  by  fine  or  imprisonment,  at  the 
discretion  of  the  court.  Approved  March  25,  1937. 


Chap. 1S7  An  Act  authorizing  the  associated  charities  of  pitts- 

FIELD    TO    TRANSFER    CERTAIN    FUNDS    TO    THE    BERKSHIRE 
COUNTY    HOME    FOR   AGED    WOMEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Associated  Charities  of  Pittsfield,  for- 
merly called  Union  for  Home  Work  in  Pittsfield,  a  chari- 
table corporation,  is  hereby  authorized  to  transfer  and  pay 
over  to  the  Berkshire  County  Home  for  Aged  Women,  a 
charitable  corporation,  the  Mary  E.  Francis  fund,  so  called, 
bequeathed  to  it  in  the  will  of  Mary  E.  Francis,  late  of  said 
Pittsfield,  and  the  Abraham  Burbank  fund,  so  called,  held 
by  it  under  the  will  of  Abraham  Burbank,  late  of  said 
Pittsfield,  and/or  under  the  compromise  agreement  author- 
ized by  the  Berkshire  probate  court  in  relation  to  the  set- 
tlement of  the  estate  of  said  Abraham  Burbank,  such  funds 
to  be  administered  by  said  Berkshire  County  Home  for 
Aged  Women  for  the  purposes  respectively  stated  in  said 
will  or  wills  and/or  said  compromise  agreement. 

Section  2.  The  power  hereby  granted  shall  be  exer- 
cised only  in  conformity  with  such  a  decree,  if  any,  of  the 
supreme  judicial  court,  sitting  in  equity  for  the  county  of 
Berkshire,  as  may  be  entered  within  one  year  after  the 
effective  date  of  this  act. 

Section  3.  This  act  shall  not  take  effect  until  it  shall 
have  been  accepted  by  the  votes  of  the  board  of  directors, 


Acts,  1937. —Chap.  138.  107 

or  the  officers  having  the  powers  of  directors,  of  each  of  said 
corporations  and  copies  of  the  respective  votes  of  accept- 
ance shall  have  been  filed  with  the  state  secretary. 

Approved  March  25,  1937. 


An  Act  establishing  the  topsfield  water  district  of  (Jfiav  138 

TOPSFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Topsfield, 
liable  to  taxation  in  said  town  and  residing  within  the  ter- 
ritory comprised  within  the  following  boundary  lines,  to 
wit :  beginning  at  the  point  where  the  boundary  line  between 
the  town  of  Topsfield  and  the  town  of  Boxford  intersects 
the  center  line  of  Bear  Hill  road;  thence  approximately 
easterly  along  a  straight  line  to  the  intersection  of  the 
center  line  of  North  street  and  the  center  line  of  Camp 
Meeting  road;  thence  approximately  easterly  along  the 
center  line  of  said  Camp  Meeting  road  to  its  intersection  of 
a  line  which  lies  parallel  to  and  east  of  the  present  center 
line  of  the  Newburyport  turnpike  a  distance  of  twelve  hun- 
dred feet;  thence  southwesterly  parallel  to  and  east  of  said 
Newburyport  turnpike  to  the  center  line  of  Ipswich  river; 
thence  westerly  following  the  center  line  of  said  Ipswich 
river  to  the  boundary  line  between  the  town  of  Topsfield 
and  the  town  of  Boxford  at  Fish  brook;  thence  northerly 
along  said  boundary  line  between  the  town  of  Topsfield  and 
the  town  of  Boxford  to  the  point  of  beginning,  —  shall 
constitute  a  fire  and  water  district,  and  are  hereby  made  a 
body  corporate  by  the  name  of  Topsfield  Water  District  of 
Topsfield,  hereinafter  called  the  district,  for  the  purpose  of 
supplying  themselves  with  water  for  the  extinguishment 
of  fires  and  for  domestic  and  other  purposes,  with  power 
to  establish  fountains  and  hydrants  and  to  relocate  and 
discontinue  the  same,  to  regulate  the  use  of  such  water 
and  to  fix  and  collect  rates  to  be  paid  therefor,  and  to  assess 
and  raise  taxes  as  provided  herein  for  the  payment  of  such 
services  and  for  defraying  the  necessary  expenses  of  carry- 
ing on  the  business  of  said  district,  but  subject  to  all  general 
laws  now  or  hereafter  in  force  relating  to  such  districts, 
except  as  otherwise  provided  herein.  The  district  shall  have 
power  to  prosecute  and  defend  all  actions  relating  to  its 
property  and  affairs. 

Section  2.  For  the  purposes  aforesaid,  the  district,  acting 
by  and  through  its  board  of  water  commissioners  hereinafter 
provided  for,  may  contract  with  any  municipality,  acting 
through  its  water  department,  or  with  any  water  company, 
or  with  any  water  district,  for  whatever  water  may  be 
required,  authority  to  furnish  the  same  being  hereby  granted, 
and  may  enter  into  such  other  contracts  as  may  be  neces- 
sary for  the  purposes  set  forth  in  section  one  of  this  act, 
and/or  may  take  by  eminent  domain  under  chapter  seventy- 


108  Acts,  1937. —Chap.  138. 

nine  of  the  General  Laws,  or  acquire  by  lease,  purchase  or 
otherwise,  and  hold,  the  waters,  or  any  portion  thereof,  of 
any  pond,  spring  or  stream,  or  of  any  ground  sources  of 
supply  by  means  of  driven,  artesian  or  other  wells,  within 
said  town  of  Topsfield,  not  already  appropriated  for  the 
purposes  of  a  public  water  supplj^,  and  the  water  rights 
connected  with  any  such  water  sources;  and  for  said  pur- 
poses may  take  as  aforesaid,  or  acquire  by  purchase  or 
otherwise,  and  hold,  all  lands,  rights  of  way  and  other  ease- 
ments necessary  for  collecting,  storing,  holding,  purifying 
and  preserving  the  purity  of  the  water  and  for  conveying 
the  same  to  any  part  of  said  district;  provided,  that  no 
source  of  water  supply  or  lands  necessary  for  preserving 
the  quality  of  the  water  shall  be  so  taken  or  used  without 
first  obtaining  the  advice  and  approval  of  the  state  depart- 
ment of  public  health,  and  that  the  location  and  arrange- 
ment of  all  dams,  reservoirs,  wells,  pumping  and  filtration 
plants  and  such  other  works  as  may  be  necessary  in  carry- 
ing out  the  provisions  of  this  act  shall  be  subject  to  the 
approval  of  said  department.  The  district  may  construct 
and  maintain  on  the  lands  acquired  and  held  under  this  act 
proper  dams,  wells,  reservoirs,  standpipes,  tanks,  pumping 
plants,  buildings,  fixtures  and  other  structures,  including 
also  the  establishment  and  maintenance  of  filter  beds  and 
purification  works  or  systems,  and  may  make  excavations, 
procure  and  operate  machinery  and  provide  such  other 
means  and  appliances,  and  do  such  other  things  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  effective  water  works;  and  for  that  purpose  may 
construct  pipe  lines,  wells  and  reservoirs  and  establish 
pumping  works,  and  may  construct,  lay,  acquire  and  main- 
tain aqueducts,  conduits,  pipes  and  other  works  under  or 
over  any  land,  water  courses,  railroads,  railways,  and  public 
or  other  ways,  and  along  such  ways,  in  said  town,  in  such 
manner  as  not  unnecessarily  to  obstruct  the  same;  and  for 
the  purposes  of  constructing,  laying,  maintaining,  operating 
and  repairing  such  aqueducts,  conduits,  pipes  and  other 
works,  and  for  all  proper  purposes  of  this  act,  the  district 
may  dig  up  or  raise  and  embank  any  such  lands,  highways 
or  other  ways  in  such  manner  as  to  cause  the  least  hindrance 
to  public  travel  on  such  ways;  provided,  that  all  things 
done  upon  any  such  way  shall  be  subject  to  the  direction 
of  the  selectmen  of  said  town.  The  district  shall  not  enter 
upon,  or  construct  or  lay  any  aqueduct,  conduit,  pipe  or 
other  works  within,  the  location  of  any  railroad  corpora- 
tion except  at  such  time  and  in  such  manner  as  it  may 
agree  upon  with  such  corporation,  or,  in  case  of  failure  so 
to  agree,  as  may  be  approved  by  the  department  of  public 
utihties.  Said  district  may  enter  upon  any  lands  for  the 
purpose  of  making  surveys,  test  wells  or  pits  and  borings, 
and  may  take  or  otherwise  acquire  the  right  to  occupy  tem- 
porarily any  lands  necessary  for  the  construction  of  any 
work  or  for  any  other  purpose  authorized  by  this  act. 


Acts,  1937. —Chap.  138.  109 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  thereof  may  recover  such  damages  from  the 
district  under  said  chapter  seventy-nine;  but  the  right  to 
damages  for  the  taking  of  any  water,  water  right  or  water 
source,  or  for  any  injury  thereto,  shall  not  vest  until  water 
is  actually  withdrawn  or  diverted  under  authority  of  this  act. 

Section  4.  For  the  purpose  of  pajdng  the  necessary 
expenses  and  liabilities  incurred  under  this  act,  other  than 
expenses  of  maintenance  and  operation,  the  district  may 
borrow  from  time  to  time  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  one  hundred  and  sixty 
thousand  dollars,  and  may  issue  bonds  or  notes  therefor, 
which  shall  bear  on  their  face  the  words,  Topsfield  Water 
District  Loan,  Act  of  1937.  Each  authorized  issue  shall  con- 
stitute a  separate  loan,  and  such  loans  shall  be  payable  in 
not  more  than  thirty  years  from  their  dates.  Indebtedness 
incurred  under  this  act  shall  be  subject  to  the  provisions  of 
chapter  forty-four  of  the  General  Laws  pertaining  to  such 
districts. 

Section  5.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  section  four  of  this  act;  and,  when  a  vote  to 
that  effect  has  been  passed,  a  sum  which,  with  the  income 
derived  from  water  rates,  will  be  sufficient  to  pay  the  annual 
expense  of  operating  its  water  works  and  the  interest  as  it 
accrues  on  the  bonds  or  notes  issued  as  aforesaid  by  the 
district,  and  to  make  such  payments  on  the  principal  as  may 
be  required  under  this  act,  shall  without  further  vote  be 
assessed  upon  the  district  by  the  assessors  of  said  town  of 
Topsfield  annually  thereafter  until  the  debt  incurred  by  said 
loan  or  loans  is  extinguished. 

Section  6.  Any  land  taken  or  acquired  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  district. 
All  authority  vested  in  said  board  by  this  section  shall  be 
subject  to  the  provisions  of  section  nine. 

Section  7.  Whenever  a  tax  is  duly  voted  by  the  district 
for  the  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  the  assessors  of  said  town,  who  shall  assess 
the  same  on  property  within  the  district  in  the  same  manner 
in  all  respects  in  which  town  taxes  are  required  by  law  to 
be  assessed;  provided,  that  no  estate  shall  be  subject  to  any 
tax  assessed  on  account  of  the  system  of  water  supply  under 
this  act  if,  in  the  judgment  of  the  board  of  water  commis- 
sioners hereinafter  provided  for,  after  a  hearing,  such  estate 
is  so  situated  that  it  can  receive  no  aid  in  the  extinguish- 
ment of  fire  from  the  said  system  of  water  supply,  or  re- 
ceive no  benefit  in  fire  insurance  grading  therefrom,  or  both, 
or  if  such  estate  is  so  situated  that  the  buildings  thereon,  or 
the  buildings  that  might  be  constructed  thereon,  could  not 
be  supplied  in  any  ordinary  or  reasonable  manner  with  water 


no  Acts,  1937. —Chap.  138. 

from  the  said  system;  but  all  other  estates  in  the  district 
shall  be  deemed  to  be  benefited  and  shall  be  subject  to  such 
tax.  A  certified  list  of  the  estates  exempt  from  taxation 
under  the  provisions  of  this  section  shall  annually  be  sent 
by  said  board  of  water  commissioners  to  said  assessors,  at 
the  same  time  at  which  the  clerk  shall  send  a  certified  copy 
of  the  vote  as  aforesaid.  The  assessment  shall  be  com- 
mitted to  the  town  collector,  who  shall  collect  said  tax  in 
the  manner  provided  by  law  for  the  collection  of  town  taxes, 
and  shall  deposit  the  proceeds  thereof  with  the  district 
treasurer  for  the  use  and  benefit  of  the  district.  The  dis- 
trict may  collect  interest  on  overdue  taxes  in  the  manner 
in  which  interest  is  authorized  to  be  collected  on  town 
taxes. 

Section  8.  The  first  meeting  of  the  voters  of  the  terri- 
tory included  within  the  boundaries  set  forth  in  section  one 
of  this  act  shall  be  called,  on  petition  of  ten  or  more 
legal  voters  therein,  by  a  warrant  from  the  selectmen  of 
said  town,  or  from  a  justice  of  the  peace,  directed  to  one 
of  the  petitioners,  requiring  him  to  give  notice  of  the  meet- 
ing by  posting  copies  of  the  warrant  in  two  or  more  public 
places  in  the  district  seven  days  at  least  before  the  time  of 
the  meeting.  Such  justice  of  the  peace,  or  one  of  the  select- 
men, shall  preside  at  such  meeting  until  a  clerk  is  chosen 
and  sworn,  and  the  clerk  shall  preside  until  a  moderator  is 
chosen.  After  the  choice  of  a  moderator  for  the  meeting 
the  question  of  the  acceptance  of  this  act  shall  be  submitted 
to  the  voters,  and  if  it  is  accepted  by  a  majority  of  the 
voters  present  and  voting  thereon  it  shall  thereupon  take 
effect,  and  the  meeting  may  then  proceed  to  act  on  the 
other  articles  in  the  warrant. 

Section  9.  The  district,  after  the  acceptance  of  this  act 
as  aforesaid,  shall  elect  by  ballot,  either  at  the  same  meet- 
ing at  which  this  act  is  accepted  or  at  an  annual  meeting 
or  at  a  special  meeting  thereafter  called  for  the  purpose, 
three  persons,  resident  taxpayers  of  the  district,  to  hold 
office,  one  until  the  expiration  of  three  years,  one  until  the 
expiration  of  two  years,  and  one  until  the  expiration  of  one 
year,  from  the  day  of  the  next  succeeding  annual  district 
meeting,  to  constitute  a  board  of  water  commissioners,  and 
at  every  annual  district  meeting  following  such  next  suc- 
ceeding annual  district  meeting  one  such  commissioner  shall 
be  elected  by  ballot  for  the  term  of  three  years.  All  the 
authority  granted  to  the  district  by  this  act,  except  sec- 
tions four  and  five,  and  not  otherwise  specifically  provided 
for,  shall  be  vested  in  said  board  of  water  commissioners, 
who  shall  be  subject,  however,  to  such  instructions,  rules 
and  regulations  as  the  district  may  by  vote  impose.  At  the 
meeting  at  which  said  commissioners  are  first  elected  and  at 
each  annual  district  meeting  held  thereafter,  the  district 
shall  elect  by  ballot  a  treasurer  of  the  district,  who  shall 
not  be  a  water  commissioner  thereof,  and  who  shall  give 
bond  to  the  district  in  such  an  amount  as  may  be  approved 


Acts,  1937. —Chap.  138.  Ill 

by  said  commissioners  and  with  a  surety  company  author- 
ized to  transact  business  in  the  commonwealth  as  surety. 
A  majority  of  said  commissioners  shall  constitute  a  quorum 
for  the  transaction  of  business.  Any  vacancy  occurring  in 
said  board  from  any  cause  may  be  filled  for  the  remainder 
of  the  unexpired  term  by  the  district  at  any  legal  meeting 
called  for  the  purpose.  ISTo  money  shall  be  drawn  from  the 
treasury  of  the  district  on  account  of  its  water  works  except 
upon  a  written  order  of  said  commissioners  or  a  majority  of 
them. 

Section  10.  Said  commissioners  shall  fix  just  and  equi- 
table prices  and  rates  for  the  use  of  water,  and  shall  pre- 
scribe the  time  and  manner  of  payment.  The  income  of 
the  water  works  shall  be  appropriated  to  defray  all  operat- 
ing expenses,  interest  charges  and  payments  on  the  principal 
as  they  shall  accrue  upon  any  bonds  or  notes  issued  under 
authority  of  this  act.  If  there  should  be  a  net  surplus  re- 
maining after  providing  for  the  aforesaid  charges,  it  may 
be  appropriated  for  such  new  construction  as  said  commis- 
sioners may  recommend,  and  in  case  a  surplus  should  re- 
main after  payment  for  such  new  construction  the  water 
rates  shall  be  reduced  proportionately.  Said  commissioners 
shall  annually,  and  as  often  as  the  district  may  require, 
render  a  report  upon  the  condition  of  the  works  under  their 
charge,  and  an  account  of  their  doings,  including  an  account 
of  receipts  and  expenditures. 

Section  11.  The  district  may  adopt  by-laws  prescrib- 
ing by  whom  and  how  meetings  of  the  district  may  be 
called,  notified  and  conducted;  and  upon  the  application  of 
ten  or  more  legal  voters  in  the  district,  meetings  may  also 
be  called  by  warrant  as  provided  in  section  eight.  The  dis- 
trict may  also  establish  rules  and  regulations  for  the  man- 
agement of  its  water  works,  not  inconsistent  with  this  act 
or  with  law,  and  may  choose  such  other  officers  not  pro- 
vided for  in  this  act  as  it  may  deem  necessary  or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  water  obtained  or  supplied  under  this 
act,  or  wilfully  or  wantonly  injures  any  reservoir,  well, 
standpipe,  aqueduct,  pipe  or  other  property  owned  or  used 
by  the  district  for  any  of  the  purposes  of  this  act,  shall 
forfeit  and  pay  to  the  district  three  times  the  amount  of 
damages  assessed  therefor,  to  be  recovered  in  an  action  of 
tort,  and  upon  conviction  of  any  of  the  above  wilful  or 
wanton  acts  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars  or  by*imprisonment  in  jail  for  not  more  than 
six  months. 

Section  13.  Upon  a  petition  in  writing  addressed  to  said 
commissioners  requesting  that  certain  real  estate,  accurately 
described  therein  located  in  said  town  and  abutting  on  said 
district  be  included  within  the  limits  thereof,  and  signed  by 
the  owners  of  such  real  estate,  or  a  major  portion  of  such 
real  estate,  said  commissioners  shall  cause  a  duly  warned 
meeting  of  the  district  to  be  called,  at  which  meeting  the 


112  Acts,  1937. —Chaps.  139,  140. 

voters  may  vote  on  the  question  of  including  said  real  es- 
tate within  the  district.  If  a  majority  of  the  voters  present 
and  voting  thereon  vote  in  the  affirmative  the  district  clerk 
shall  within  ten  days  file  with  the  town  clerk  of  said  town 
and  with  the  state  secretary  an  attested  copy  of  said  peti- 
tion and  vote;  and  thereupon  said  real  estate  shall  become 
and  be  part  of  the  district  and  shall  be  holden  under  this  act 
in  the  same  manner  and  to  the  same  extent  as  the  real  es- 
tate described  in  section  one. 

Section  14.  This  act  shall  take  full  effect  upon  its 
acceptance  by  a  majority  vote  of  the  voters  of  the  district 
present  and  voting  thereon  at  a  district  meeting  called,  in 
accordance  with  the  provisions  of  section  eight,  within  three 
years  after  its  passage;  but  the  number  of  meetings  so 
called  in  any  one  year  shall  not  exceed  three. 

Approved  March  25,  1937. 

C/iap.  139  An  Act  relative  to  appropriations  by  the  town  of  nan- 
tucket  FOR  MUNICIPAL  ADVERTISING  PURPOSES  AND  FOR 
PUBLIC   AMUSEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Nantucket  may,  by  a  majority 
vote,  appropriate  each  year  a  sum  not  exceeding  three  thou- 
sand dollars  for  advertising  the  advantages  of  the  town 
and  for  providing  amusements  or  entertainments  of  a  public 
character.  The  money  so  appropriated  by  the  town  shall 
be  expended  under  the  direction  of  the  board  of  selectmen. 

Section  2.  Chapter  three  hundred  and  seventy-seven 
of  the  acts  of  eighteen  hundred  and  ninety-eight  is  hereby 
repealed. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  29,  1937. 

Chav. 14Q  An  Act  establishing  the  boundary  line  between  the 

TOWNS  OF  FOXBOROUGH  AND  WALPOLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  described  line  shall  hereafter 
be  the  boundary  line  between  the  towns  of  Foxborough  and 
Walpole:  Beginning  at  a  rough  stone  monument  in  the 
woods  marking  the  corner  of  Foxborough,  Norfolk  and 
Walpole  in  latitude  42°  05'  18.76"  and  longitude  71°  16' 
50.71";  thence  running  north  32°  34'  east  (true  bearing) 
along  the  present  boundary  between  the  towns  of  Foxborough 
and  Walpole  and  four  thousand  three  hundred  and  three  feet 
distant  to  a  point,  south  32°  34'  west  and  one  thousand  five 
hundred  and  fifty  feet  distant  from  a  town  bound  on  the 
southerly  side  of  Summer  street  known  as  Foxborough- 
Walpole  1;  thence  running  north  65°  00'  47"  east  (true 
bearing)  three  thousand  six  hundred  and  fifty-five  feet  to  a 
stone  bound  standing  on  the  southwesterly  side  of  Water 


Acts,  1937. —Chaps.  141,  142.  113 

street;  thence  in  the  same  direction  one  thousand  two  hun- 
dred and  forty-six  feet  to  a  point  on  the  center  Hne  of  the 
Boston-Providence  state  highway,  U.  S.  Route  1;  thence 
north  51°  20'  32"  east  (true  bearing)  seven  hundred  and 
eleven  feet  along  the  center  line  of  said  highway  to  a  point; 
thence  north  84°  24'  east  (true  bearing)  three  thousand  nine 
hundred  and  fiftj^-seven  feet  to  a  point  on  the  present  bound- 
ary line  between  the  towns  of  Walpole  and  Sharon;  thence 
south  1°  25'  west  (true  bearing)  eight  hundred  feet  distant 
along  the  present  boundary  line  between  the  towns  of  Wal- 
pole and  Sharon  to  the  stone  bound  marking  the  corner  of 
Foxborough,  Sharon  and  Walpole  in  latitude  42°  06'  15.33" 
and  longitude  71°  14'  21.71". 

Section  2.  The  department  of  public  works,  as  soon  as 
may  be  after  the  passage  of  this  act,  shall  locate  all  the 
points  on  the  new  line  mentioned  in  this  act,  and  shall  file 
a  plan  of  the  same  with  the  state  secretary. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  29,  1937. 

An  Act  enabling  the  npjw  Bedford  police  association  (JJku)  \/^\ 

TO    PAY    increased    BENEFITS.  ^' 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  preamble, 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  four  hundred  and  one  of  the  acts  of  nineteen 
hundred  is  hereby  amended  by  striking  out  section  one  and 
inserting  in  place  thereof  the  following  new  section :  —  Sec- 
tion 1.  The  New  Bedford  Police  Association,  a  corporation 
duly  established  by  law,  acting  by  its  board  of  directors,  is 
hereby  authorized  to  pay  or  cause  to  be  paid  from  its  gen- 
eral fund  to  any  member  in  good  standing,  upon  the  death 
of  his  wife,  such  sum  of  money,  not  exceeding  three  hundred 
dollars,  as  may  from  time  to  time  be  fixed  by  vote  of  said 
corporation.  Approved  March  29,  1937. 

An  Act  authorizing  the  town  of  sandwich  to  appropri-  Chav  142 

ATE   MONEY   FOR    PUBLIC   AMUSEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  town  of  Sandwich  may,  by  a  majority 
vote,  appropriate  each  year  a  sum  not  exceeding  five  hundred 
dollars  for  providing  amusements  or  entertainments  of  a 
public  character.  The  money  so  appropriated  by  the  town 
shall  be  expended  under  the  direction  of  the  board  of  select- 
men. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  29,  1937. 


114 


Acts,  1937.  —  Chap.  143. 


G.  L.  (Ter. 
Ed.),  41.  §  13, 
etc.,  amended. 


Bond  of 
town  clerk. 


G.  L.  (Ter. 
Ed.),  41,  §  35, 
amended. 


Bond  of 

town  treasurer. 


Chap. 14:3  An  Act  making  certain  perfecting  changes  in  the  laws 

AFFECTING  REGULAR  AND  TEMPORARY  CITY  AND  TOWN 
OFFICERS  IN  RESPECT  TO  THEIR  GIVING  BOND  AND  IN  OTHER 
RESPECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirteen  of  chapter  forty-one  of  the 
General  Laws,  as  amended  by  chapter  eighteen  of  the  acts 
of  nineteen  hundred  and  thirty-six,  is  hereby  further  amended 
by  striking  out,  in  the  second  Hne,  the  word  "  quahfication " 
and  inserting  in  place  thereof  the  word :  —  election,  —  so  as 
to  read  as  follows:  —  Section  13.  Every  town  clerk  shall, 
within  ten  days  after  his  election  and  thereafter,  at  intervals 
of  not  more  than  one  year,  so  long  as  he  continues  to  hold 
said  office,  give  bond  to  the  town  for  the  faithful  perform- 
ance of  his  duties,  in  such  sum  as  the  selectmen  shall  ap- 
prove. If  he  does  not  give  bond  as  herein  required  the  select- 
men may  declare  the  office  vacant  and  fill  the  vacancy  in  the 
manner  prescribed  in  section  fourteen. 

Section  2.  Said  chapter  forty-one  is  hereby  further 
amended  by  striking  out  section  thirty-five,  as  appearing  in 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following :  —  Section  35.  Every  town  treasurer  shall  give 
bond  annually  for  the  faithful  performance  of  his  duties  in  a 
form  approved  by  the  commissioner  of  corporations  and 
taxation  and  in  such  sum,  not  less  than  the  amount  estab- 
lished by  the  said  commissioner,  as  shall  be  fixed  by  the 
selectmen  or  the  mayor  and  aldermen,  and  if  he  fails  to  give 
such  bond  within  ten  days  after  his  election  or  appointment, 
the  selectmen  or  the  mayor  and  aldermen  may  declare  the 
office  vacant  and  the  vacancy  may  be  filled  in  the  manner 
prescribed  by  section  forty  or  sixty-one  A,  as  the  case  may 
be.  He  shall  receive  and  take  charge  of  all  money  belonging 
to  the  town,  and  pay  over  and  account  for  the  same  accord- 
ing to  the  order  of  the  town  or  of  its  authorized  officers.  No 
other  person  shall  pay  any  bill  of  any  department.  He  shall 
have  the  authority  given  to  an  auditor  by  section  fifty-one, 
and  shall  annually  render  a  true  account  of  all  his  receipts 
and  disbursements  and  a  report  of  his  official  acts. 

Section  3.  Said  chapter  forty-one  is  hereby  further 
amended  by  striking  out  section  forty,  as  so  appearing,  and 
inserting  in  place  thereof  the  following :  —  Section  Ifi.  If 
the  office  of  town  treasurer,  town  collector  of  taxes,  town 
accountant  or  auditor  in  a  town  having  but  one  is  vacant  or 
if  any  such  officer,  because  of  disability  or  absence,  is  unable 
to  perform  his  duties,  the  selectmen  may  in  writing  signed 
by  them  or  by  a  majority  of  them,  which  shall  be  filed  in 
the  office  of  the  town  clerk,  appoint  a  temporary  officer  to 
hold  such  office  and  exercise  the  powers  and  perform  the 
duties  thereof  until  another  is  duly  elected  or  appointed 
and  has  qualified  according  to  law  or  the  officer  who  was 
disabled  or  absent  resumes  his  duties.    Any  such  temporary 


G.  L.  (Ter. 
Ed.),  41,  §  40, 
amended. 

Bond  of 

temporary 

treasurer. 


Acts,  1937. —Chap.  144.  115 

officer  shall  be  sworn  and  give  bond  for  the  faithful  per- 
formance of  his  duties  in  accordance  with  the  provisions  of 
law  applying  to  the  officer  whose  place  he  fills,  and  if  he 
fails  so  to  do  within  five  days  after  his  appointment  the 
selectmen  may  rescind  the  appointment  and  appoint  an- 
other.   This  section  shall  not  apply  to  cities. 

Section  4.  Said  chapter  forty-one  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  sixty-one  A,  as  so  appear-  amended.*  ^^^' 
ing,  and  inserting  in  place  thereof  the  following :  —  Section  Temporary 
61  A.  If  the  office  of  city  auditor,  city  treasurer,  city  col-  auditor,  etc. 
lector  of  taxes  or  other  officer  having  charge  of  a  city  de- 
partment is  vacant,  or  if  any  such  officer,  because  of  dis- 
ability or  absence,  is  unable  to  perform  his  duties,  the  mayor, 
without  confirmation  by  the  city  council,  any  provision  of 
a  city  charter  to  the  contrary  notwithstanding,  shall  appoint 
a  temporary  officer  to  hold  such  office  and  exercise  the 
powers  and  perform  the  duties  thereof  until  another  is  duly 
elected  or  appointed  and  has  quahfied  according  to  law,  or 
the  officer  who  was  disabled  or  incapacitated  resumes  his 
duties;  but  no  such  temporary  officer  shall  be  appointed 
under  this  section  for  a  period  longer  than  sixty  days.  Any 
such  temporary  officer  shall  be  sworn  and  give  bond  for  the 
faithful  performance  of  his  duties  in  accordance  with  the 
provisions  of  law  applying  to  the  officer  whose  place  he  fills, 
and  if  he  fails  so  to  do  within  five  days  after  his  appointment 
the  mayor  may  rescind  the  appointment  and  appoint  an- 
other. 

Section  5.    Section  thirteen  of  chapter  sixty  of  the  Gen-  g.  l.  (Ter. 
eral  Laws,  as  so  appearing,  is  hereby  amended  by  adding  amended.*  ^^' 
at  the  end  the  following  new  sentence :  —  If  the  collector 
does  not  give  bond  as  herein  required,  the  selectmen  or 
mayor  and  aldermen  may  declare  the  office  vacant  and  the 
vacancy  may  be  filled  in  the  manner  prescribed  by  section 
forty  or  sixty-one  A  of  chapter  forty-one,  as  the  case  may 
be,  —  so  as  to  read  as  follows:  —  Section  IS.    The  collector  Bond  of 
shall,  before  the  commitment  to  him  of  any  taxes  of  any  "o^^ctor. 
year,  give  bond  for  the  faithful  performance  of  his  duties 
in  a  form  approved  by  the  commissioner  and  in  such  sum, 
not  less  than  the  amount  established  by  the  commissioner, 
as  shall  be  fixed  by  the  selectmen  or  mayor  and  aldermen, 
A  copy  of  each  such  bond  shall  be  delivered  to  the  commis- 
sioner.   If  the  collector  does  not  give  bond  as  herein  required, 
the  selectmen  or  mayor  and  aldermen  may  declare  the  office 
vacant  and  the  vacancy  may  be  filled  in  the  manner  pre- 
scribed by  section  forty  or  sixty-one  A  of  chapter  forty-one, 
as  the  case  may  be.  Approved  March  29,  1937. 


An  Act  relative  to  attachments  of  real  estate  affect- 
ing  REGISTERED   LAND. 


C/iap.l44 


Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seventy-eight  of  chapter  one  hun- g.  l.  (Ter. 
dred  and  eighty-five  of  the  General  Laws,  as  appearing  in  a^g^d^^;  *  ^^' 


116  Acts,  1937. —Chap.  145. 

the  Tercentenary  Edition,  is  hereby  amended  by  striking 
out,  in  the  seventh  and  eighth  hnes,  the  words  ",  except  in 
the  case  of  attachment  on  mesne  process,",  —  so  as  to  read 
Attachments  of  as  follows :  —  SecUon  78.  A  writing  of  any  description  or  a 
registered  land,  copy  of  any  Writ  required  by  law  to  be  filed  or  recorded  in 
the  registry  of  deeds  in  order  to  create  or  preserve  any  lien, 
right  or  attachment  upon  unregistered  land,  if  intended  to 
affect  registered  land  shall,  in  lieu  of  recording,  be  filed  and 
registered  in  the  office  of  the  assistant  recorder  for  the  reg- 
istry district  where  the  land  lies,  and,  in  addition  to  any 
particulars  required  in  such  papers  for  recording  with  rec- 
ords of  deeds,  shall  also  contain  a  reference  to  the  number 
of  the  certificate  of  title  of  the  land  to  be  affected,  and 
the  volume  and  page  of  the  registration  book  in  which  the 
certificate  is  registered,  and  also,  if  the  attachment,  right  or 
lien  is  not  claimed  on  all  the  land  in  any  certificate  of  title, 
shall  contain  a  description  sufficiently  accurate  for  identi- 
fication of  the  land  intended  to  be  affected;  provided,  that 
if  a  notice  of  a  federal  tax  lien  on  property  and  rights  thereto 
of  a  delinquent  taxpayer  or  a  certificate  of  discharge  of  such 
a  lien  is  filed  with  the  register  of  deeds  under  section  twenty- 
four  of  chapter  thirty-six  and  it  affects  registered  land  in 
his  district,  the  duty  of  properly  registering  such  notice  or 
certificate  and  proceedings  incident  to  or  in  connection  with 
such  a  lien  shall  be  upon  him,  acting  as  such  register  and  as 
assistant  recorder  of  the  land  court. 
Effective  Section  2.    This  act  shall  take  effect  on  September  first 

in  the  current  year.  Approved  March  29,  1937. 

ChaV.14:5  ^^  ■^^'^  ESTABLISHING  THE  BUZZARD's  BAY  WATER  DISTRICT 

IN   THE    TOWN    OF   BOURNE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Bourne, 
liable  to  taxation  in  said  town,  and  residing  within  the  ter- 
ritory comprised  within  the  following  boundary  lines,  to 
wit:  —  Beginning  at  the  northwest  corner  of  the  town  of 
Bourne  at  Red  brook  and  running  northeasterly  along  the 
boundary  line  between  the  towns  of  Plymouth  and  Bourne 
approximately  two  miles  to  a  point  two  thousand  feet 
northeasterly  as  measured  along  said  town  line  from  the 
center  of  White  Island  road;  thence  running  southerly  in 
a  straight  line  to  a  point  two  thousand  feet  measured  due 
east  (true  meridian)  from  the  junction  of  the  center  of  the 
state  highway  and  the  head  of  the  Bay  road;  thence  con- 
tinuing by  the  same  course  to  the  Cape  Cod  canal;  thence 
running  westerly  by  the  Cape  Cod  canal  to  the  Wareham- 
Bourne  town  line  in  the  Cohasset  Narrows  and  thence  turn- 
ing and  running  northerly  by  the  said  Wareham-Bourne 
town  line  through  the  Cohasset  Narrows,  Buttermilk  Bay, 
and  to  the  point  of  beginning,  —  shall  constitute  a  water 
district  and  are  hereby  made  a  body  corporate  by  the  name 
of  the  Buzzard's  Bay  Water  District,  hereinafter  called  the 


Acts,  1937. —Chap.  145.  117 

district,  for  the  purpose  of  supplying  themselves  with  water 
for  the  extinguishment  of  fires  and  for  domestic  and  other 
purposes,  with  power  to  establish  fountains  and  hydrants 
and  to  relocate  and  discontinue  the  same,  to  regulate  the 
use  of  such  water  and  to  fix  and  collect  rates  to  be  paid 
therefor,  and  for  the  purposes  of  assessing  and  raising  taxes 
as  provided  herein  for  the  payment  of  such  services,  and 
for  defraying  the  necessary  expenses  of  carrying  on  the 
business  of  said  district,  subject  to  all  general  laws  now  or 
hereafter  in  force  relating  to  such  districts,  except  as  other- 
wise provided  herein.  The  district  shall  have  power  to 
prosecute  and  defend  all  actions  relating  to  its  property  and 
affairs. 

Section  2.  For  the  purposes  aforesaid,  the  district,  act- 
ing by  and  through  its  board  of  water  commissioners  here- 
inafter provided  for,  may  contract  with  any  municipality, 
acting  through  its  water  department,  or  with  any  water 
company,  or  with  any  other  water  district,  for  whatever 
water  may  be  required,  authority  to  furnish  the  same  being 
hereb}^  granted,  and/or  may  take  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws,  or  acquire  by 
lease,  purchase  or  otherwise,  and  hold,  the  waters,  or  any 
portion  thereof,  of  any  pond,  spring  or  stream,  or  of  any 
ground  sources  of  supply  by  means  of  driven,  artesian  or 
other  wells,  within  the  town  of  Bourne  or  within  that  por- 
tion of  the  town  of  Plj^mouth  lying  within  one  half  mile  of 
the  northerly  boundary  of  the  above  defined  Buzzard's  Bay 
Water  District,  not  already  appropriated  for  the  purposes 
of  a  public  supply,  and  the  water  rights  connected  with 
any  such  water  sources;  and  for  said  purposes  may  take 
as  aforesaid,  or  acquire  by  purchase  or  otherwise,  and  hold, 
all  lands,  rights  of  way  and  other  easements  necessary  for 
collecting,  storing,  holding,  purifying  and  preserving  the 
purity  of  the  water  and  for  conveying  the  same  to  any  part 
of  said  district;  provided,  that  no  source  of  water  supply  or 
lands  necessary  for  preserving  the  quality  of  the  water  shall 
be  so  taken  or  used  without  first  obtaining  the  advice  and 
approval  of  the  state  department  of  public  health,  and  that 
the  location  and  arrangement  of  all  dams,  reservoirs,  wells, 
pumping  and  filtration  plants  and  such  other  works  as  may 
be  necessary  in  carrying  out  the  provisions  of  this  act  shall 
be  subject  to  the  approval  of  said  department.  Said  district 
may  construct  and  maintain  on  the  lands  acquired  and  held 
under  this  act  proper  dams,  wells,  reservoirs,  standpipes, 
tanks,  pumping  plants,  buildings,  fixtures  and  other  struc- 
tures including  also  the  establishment  and  maintenance 
of  filter  beds  and  purification  works  or  systems,  and  may 
make  excavations,  procure  and  operate  machinery  and  pro- 
vide such  other  means  and  appliances,  and  do  such  other 
things  as  may  be  necessary  for  the  establishment  and  main- 
tenance of  complete  and  effective  water  works;  and  for  that 
purpose  may  construct,  lay  and  maintain  aqueducts,  con- 
duits, pipes  and  other  works  under  or  over  any  land,  water 


118  Acts,  1937. —Chap.  145. 

courses,  railroads,  railways  and  public  or  other  ways,  and 
along  such  ways,  within  said  town  of  Bourne,  or  within  the 
aforesaid  portion  of  said  town  of  Plymouth,  in  such  manner 
as  not  unnecessarily  to  obstruct  the  same;  and  for  the  pur- 
poses of  constructing,  laying,  maintaining,  operating  and 
repairing  such  conduits,  pipes  and  other  works,  and  for  all 
proper  purposes  of  this  act,  the  district  may  dig  up  or  raise 
and  embank  any  such  lands,  highways  or  other  ways  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel  on 
such  ways;  provided,  that  all  things  done  upon  any  such 
way  shall  be  subject  to  the  direction  of  the  selectmen  of  the 
town  in  which  any  such  way  lies.  Said  district  shall  not 
enter  upon,  construct  or  lay  any  conduit,  pipe  or  other  works 
within  the  location  of  any  railroad  corporation  except  at 
such  time  and  in  such  manner  as  it  may  agree  upon  with 
such  corporation,  or,  in  case  of  failure  so  to  agree,  as  may 
be  approved  by  the  department  of  public  utilities.  Said 
district  may  enter  upon  any  lands  for  the  purpose  of  mak- 
ing surveys,  test  pits  and  borings,  and  maj^  take  or  other- 
wise acquire  the  right  to  occupy  temporarily  any  lands 
necessary  for  the  construction  of  any  work  or  for  any  other 
purpose  authorized  by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  thereof  may  recover  such  damages  from 
the  district  under  said  chapter  seventy-nine;  but  the  right 
to  damages  for  the  taking  of  any  water,  water  right  or 
water  source,  or  for  any  injury  thereto,  shall  not  vest  until 
water  is  actually  withdrawn  or  diverted  under  authority  of 
this  act. 

Section  4.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  liabilities  incurred  under  the  provisions  of  this 
act,  other  than  expenses  of  maintenance  and  operation,  the 
district  may  borrow  from  time  to  time  such  sums  as  may 
be  necessary,  not  exceeding,  in  the  aggregate,  two  hundred 
thousand,  dollars,  and  may  issue  bonds  or  notes  therefor 
which  shall  bear  on  their  face  the  words,  Buzzard's  Bay 
Water  District  Loan,  Act  of  1937.  Each  authorized  issue 
shall  constitute  a  separate  loan,  and  such  loans  shall  be 
payable  in  not  more  than  thirty  years  from  their  dates. 
Indebtedness  incurred  under  this  act  shall  be  subject  to  the 
provisions  of  chapter  forty-four  of  the  General  Laws  per- 
taining to  such  districts.  The  town  of  Bourne  may,  at  its 
annual  town  meeting  or  at  a  legal  meeting  called  for  the 
purpose,  guarantee  the  payment  of  such  bonds  or  notes. 

Section  5.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  pajinent  thereof  in  ac- 
cordance with  section  four  of  this  act;  and  when  a  vote  to 
that  effect  has  been  passed  a  sum  which,  with  the  income 
derived  from  water  rates,  will  be  sufficient  to  pay  the  annual 
expense  of  operating  its  water  works  and  the  interest  as  it 
accrues  on  the  bonds  or  notes  issued  as  aforesaid  by  the 
district,  and  to  make  such  payments  on  the  principal  as 


Acts,  1937. —Chap.  145.  119 

may  be  required  under  the  provisions  of  this  act,  shall 
without  further  vote  be  assessed  upon  the  district  by  the 
assessors  of  said  town  of  Bourne  annually  thereafter  until 
the  debt  incurred  by  said  loan  or  loans  is  extinguished. 

Section  6.  Any  land  taken  or  acquired  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  district. 
All  authority  vested  in  said  board  by  this  section  shall  be 
subject  to  section  nine. 

Section  7.  Whenever  a  tax  is  duly  voted  by  said  dis- 
trict for  the  purposes  of  this  act,  the  clerk  shall  send  a  certi- 
fied copy  of  the  vote  to  the  assessors  of  said  town,  who 
shall  assess  the  same  in  the  same  manner  in  all  respects  in 
which  town  taxes  are  required  by  law  to  be  assessed;  pro- 
vided, that  no  estate  shall  be  subject  to  any  tax  assessed 
on  account  of  the  system  of  water  supply  under  this  act,  if, 
in  the  judgment  of  the  board  of  water  commissioners  here- 
inafter provided  for,  after  a  hearing,  such  estate  is  so  situ- 
ated that  it  can  receive  no  aid  in  the  extinguishment  of  fire 
from  the  said  system  of  water  supply,  or  receive  no  benefit 
in  fire  insurance  grading  therefrom,  or  both,  or  if  such 
estate  is  so  situated  that  the  buildings  thereon,  or  the  build- 
ings that  might  be  constructed  thereon,  could  not  be  sup- 
plied with  water  from  said  system  in  any  ordinary  or  reason- 
able manner;  but  all  other  estates  in  said  district  shall  be 
deemed  to  be  benefited  and  shall  be  subject  to  the  tax.  A 
certified  list  of  the  estates  exempt  from  taxation  under  the 
provisions  of  this  section  shall  annually  be  sent  by  the  board 
of  water  commissioners  to  the  assessors,  at  the  same  time  at 
which  the  clerk  shall  send  a  certified  copy  of  the  vote  as 
aforesaid.  The  assessment  shall  be  committed  to  the  town 
collector,  who  shall  collect  said  tax  in  the  manner  provided 
by  law  for  the  collection  of  town  taxes,  and  shall  deposit  the 
proceeds  thereof  with  the  district  treasurer  for  the  use  and 
benefit  of  said  district.  Said  district  may  collect  interest 
on  overdue  taxes  in  the  manner  in  which  interest  is  author- 
ized to  be  collected  on  town  taxes. 

Section  8.  The  first  meeting  of  the  voters  of  the  terri- 
tory included  within  the  boundaries  set  forth  in  section  one 
of  this  act  shall  be  called  on  petition  of  ten  or  more  legal 
voters  therein,  by  a  warrant  from  the  selectmen  of  said 
town,  or  from  a  justice  of  the  peace,  directed  to  one  of 
the  petitioners,  requiring  him  to  give  notice  of  the  meeting 
by  posting  copies  of  the  warrant  in  two  or  more  public 
places  in  the  district  seven  days  at  least  before  the  time  of 
the  meeting.  Such  justice  of  the  peace,  or  one  of  the  select- 
men, shall  preside  at  such  meeting  until  a  clerk  is  chosen 
and  sworn,  and  the  clerk  shall  preside  until  a  moderator  is 
chosen.  After  the  choice  of  a  moderator  for  the  meeting 
the  question  of  the  acceptance  of  this  act  shall  be  submitted 
to  the  voters,  and  if  it  is  accepted  by  a  majority  of  the  voters 
present  and  voting  thereon  it  shall  thereupon  take  full  effect, 


120  Acts,  1937. —Chap.  145. 

and  the  meeting  may  then  proceed  to  act  on  the  other  articles 
in  the  warrant. 

Section  9.  Said  district  shall,  after  the  acceptance  of 
this  act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meet- 
ing at  which  this  act  is  accepted  or  at  a  special  meeting 
thereafter  called  for  the  purpose,  three  persons,  resident 
taxpayers  of  the  district,  to  hold  office,  one  until  the  expira- 
tion of  three  years,  one  until  the  expiration  of  two  years, 
and  one  until  the  expiration  of  one  year,  from  the  day  of 
the  next  succeeding  annual  district  meeting,  to  constitute 
a  board  of  water  commissioners;  and  at  every  annual  dis- 
trict meeting  following  such  next  succeeding  annual  district 
meeting  one  such  commissioner  shall  be  elected  by  ballot 
for  a  term  of  three  years.  All  the  authority  granted  to  said 
district  by  this  act,  except  sections  four  and  five,  and  not 
otherwise  specifically  provided  for,  shall  be  vested  in  said 
board  of  water  commissioners,  who  shall  be  subject,  how- 
ever, to  such  instructions,  rules  and  regulations  as  the  dis- 
trict may  by  vote  impose.  At  the  meeting  at  which  said 
commissioners  are  first  elected  and  at  each  annual  district 
meeting  held  thereafter,  the  commissioners  shall  elect  by 
ballot  a  treasurer  of  the  district,  who  may  be  a  commissioner, 
and  who  shall  give  bond  to  the  district  in  such  an  amount 
as  may  be  approved  by  said  commissioners  and  with  a 
surety  company  authorized  to  transact  business  in  the  com- 
monwealth as  surety.  A  majority  of  said  commissioners 
shall  constitute  a  quorum  for  the  transaction  of  business. 
Any  vacancy  occurring  in  said  boiird  from  any  cause  may 
be  filled  for  the  remainder  of  the  unexpired  term  by  said 
district  at  any  legal  meeting  called  for  the  purpose.  No 
money  shall  be  drawn  from  the  treasury  of  said  district  on 
account  of  its  water  works  except  upon  a  written  order  of 
said  commissioners  or  a  majority  of  them. 

Section  10.  Said  commissioners  shall  fix  just  and  equi- 
table prices  and  rates  for  the  use  of  water,  and  shall  prescribe 
the  time  and  manner  of  payment.  The  income  of  the  water 
works  shall  be  appropriated  to  defray  all  operating  expenses, 
interest  charges  and  payments  on  the  principal  as  they  shall 
accrue  upon  any  bonds  or  notes  issued  under  authority  of 
this  act.  Tf  there  should  be  a  net  surplus  remaining  after 
providing  for  the  aforesaid  charges,  it  may  be  appropriated 
for  such  new  construction  as  said  commissioners  may  recom- 
mend, and  in  case  a  surplus  should  remain  after  payment 
for  such  new  construction  the  water  rates  shall  be  reduced 
proportionately.  Said  commissioners  shall  annually,  and  as 
often  as  the  district  may  require,  render  a  report  upon  the 
condition  of  the  works  under  their  charge,  and  an  account 
of  their  doings,  including  an  account  of  receipts  and  ex- 
penditures. 

Section  11.  The  district  may  adopt  by-laws,  prescrib- 
ing by  whom  and  how  meetings  of  the  district  may  be  called, 
notified,  and  conducted;  and,  upon  the  application  of  ten 
or  more  legal  voters  in  the  district,  meetings  may  also  be 


Acts,  1937. —Chap.  146.  121 

called  by  warrant  as  provided  in  section  eight.  The  dis- 
trict may  also  establish  rules  and  regulations  for  the  man- 
agement of  its  water  works,  not  inconsistent  with  this  act 
or  with  any  other  provision  of  law,  and  may  choose  such 
other  officers  not  provided  for  in  this  act  as  it  may  deem 
necessary  or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  water  obtained  or  supplied  under  this 
act,  or  wilfully  or  wantonly  injures  any  reservoir,  well, 
standpipe,  aqueduct,  pipe  or  other  property  owned  or  used 
by  the  district  for  any  of  the  purposes  of  this  act,  shall 
forfeit  and  pay  the  district  three  times  the  amount  of  dam- 
ages assessed  therefor,  to  be  recovered  in  an  action  of  tort, 
and  upon  conviction  of  any  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  a  fine  of  not  more  than  one  hun- 
dred dollars  or  by  imprisonment  in  jail  for  not  more  than 
six  months. 

Section  13.  Upon  a  petition  in  writing  addressed  to 
said  commissioners  requesting  that  certain  real  estate,  accu- 
rately described  therein,  located  in  said  town  and  abutting 
on  said  district  and  not  otherwise  served  by  a  pubhc  water 
supply  be  included  within  the  limits  thereof,  and  signed  by 
the  owners  of  such  real  estate,  or  a  major  portion  of  such 
real  estate,  said  commissioners  shall  cause  a  duly  warned 
meeting  of  the  district  to  be  called,  at  which  meeting  the 
voters  may  vote  on  the  question  of  including  said  real 
estate  within  the  district.  If  a  majority  of  the  voters  pres- 
ent and  voting  thereon  vote  in  the  affirmative  the  district 
clerk  shall  within  ten  days  file  with  the  town  clerk  of  said 
town  and  with  the  state  secretary  an  attested  copy  of  said 
petition  and  vote;  and  thereupon  said  real  estate  shall  be- 
come and  be  part  of  the  district  and  shall  be  holden  under 
this  act  in  the  same  manner  and  to  the  same  extent  as  the 
real  estate  described  in  section  one. 

Section  14.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  territory 
included  within  said  district  by  section  one  of  this  act 
present  and  voting  thereon  at  a  district  meeting  called,  in 
accordance  with  the  provisions  of  section  eight,  within  three 
years  after  its  passage,  but  the  number  of  meetings  called 
in  any  one  year  shall  not  exceed  three. 

Approved  March  29,  1937. 


An  Act  authorizing  the  registration  of  voters  in 
certain  cities  on  october  fourteenth  in  the  cur- 
rent year. 

Be  it  enacted,  etc.,  as  follows: 

In  cities  in  which  the  municipal  election  takes  place  on 
the  first  Tuesday  after  the  first  Monday  in  November  the 
election  commissioners  or  registrars  of  voters,  as  the  case 
may  be,  may  in  the  current  year  register  voters  on  October 


Chap.UQ 


122  Acts,  1937. —Chaps.  147,  148,  149. 

fourteenth,  in  addition  to  the  days  on  which  they  may  by 
general  law  register  voters,  anything  to  the  contrary  in  any 
provision  of  general  or  special  law  notwithstanding. 

Approved  March  29,  1937. 

Chap. 147  An  Act  relative  to  the  time  for  filing  certain  state- 
ments AND  petitions  BY  CANDIDATES  TO  BE  VOTED  FOR 
AT  PRELIMINARY  ELECTIONS  IN  CITIES  HAVING  STANDARD 
FORM   CHARTERS,   SO   CALLED. 

Be  it  enacted,  etc.,  as  follows: 

EdViI%'iiC  Section  forty-four  C  of  chapter  forty-three  of  the  General 
amended.  '  Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  striking  out,  in  the  fifth  line,  the  word  "ten" 
and  inserting  in  place  thereof  the  word :  —  twenty,  —  so 
nom^natira  ^""^  ^^^^  *^^  ^^^^  paragraph  will  read  as  follows :  —  Any  person 
who  is  qualified  to  vote  for  a  candidate  for  any  elective 
municipal  office  and  who  is  a  candidate  for  nomination 
thereto,  shall  be  entitled  to  have  his  name  as  such  candidate 
printed  on  the  official  ballot  to  be  used  at  a  preliminary 
election;  provided,  that  at  least  twenty  days  prior  to  such 
preliminary  election  he  shall  file  with  the  city  clerk  a  state- 
ment in  writing  of  his  candidacy,  and  with  it  the  peti- 
tion of  at  least  fifty  voters,  qualified  to  vote  for  a  candidate 
for  the  said  office.  Said  statement  and  petition  shall  be  in 
substantially  the  following  form :  — 

Approved  March  29,  1937. 

Chap. 14:S  An  Act  repealing  provisions  of  law  relative  to  cer- 
tain ANNUAL   RETURNS   BY   SHERIFFS. 

Be  it  enacted,  etc.,  as  follows: 

EdV'37^5'''3         Section  twenty-three  of  chapter  thirty-seven  of  the  Gen- 
etc!, 'repealed.'    eral  Laws,  as  amended  by  section  two  of  chapter  thirty-one 
of  the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby 
repealed.  Approved  March  29,  1937. 

Chap. 14:9  An  Act  relative  to  the  use  of  the  wading  river  as  a 
source  of  water  supply  of  the  city  of  attleboro. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  two  hundred  and  eighty-two  of  the 
acts  of  nineteen  hundred  and  twenty-five  is  hereby  amended 
by  inserting  at  the  end  the  following  new  paragraph:  — 

The  manner  and  extent  of  taking  water  from  said  Wading 
river  and  the  storing  thereof  in  Miramichi  pond  shall  be 
subject  at  all  times  to  the  approval  of  the  state  department 
of  public  health,  hereafter  in  this  paragraph  called  the  de- 
partment, and  said  city  of  Attleboro  shall  install  and  main- 
tain such  measuring  and  recording  devices,  satisfactory  to 
the  department,  as  may  be  necessary  to  record  at  all  times, 
accurately,  regularly  and  permanently  (a)  the  amount  of 


\ 


Acts,  1937. —Chap.  150.  123 

water  diverted  or  taken  by  said  city  from  said  Wading  river, 
(6)  the  amount  of  water  released  from  said  Miramichi  pond, 
and  (c)  the  amount  of  water  flowing  in  said  Wading  river 
below  said  point  of  diversion  or  taking,  and  said  city  shall 
file  on  or  before  the  fifteenth  day  of  each  month  with  the  de- 
partment a  true  and  correct  transcript  of  all  such  records 
for  the  preceding  month,  which  shall  be  open  at  all  reason- 
able times  to  inspection  by  the  public.  In  the  operation  of 
Miramichi  pond  as  a  compensating  reservoir  for  the  purpose 
of  compensating  for  all  damages  that  would  otherwise  arise 
to  property  owners  having  rights  in  said  Wading  river  and 
its  waters,  by  reason  of  the  taking  and  diverting  of  water 
from  the  said  Wading  river  as  provided  in  this  act,  said  city 
of  Attleboro  shall  release  from  Miramichi  pond  water  in 
such  amounts  and  at  such  times  as  maj^  be  necessary  in  the 
opinion  of  the  department  to  compensate  for  the  water 
taken  or  diverted  from  the  said  river  by  the  said  city  of 
Attleboro  and  for  the  increased  evaporation  loss,  if  any,  due 
to  storage  at  Miramichi  pond,  but  no  water  shall  be  released 
by  said  city  from  said  pond  except  with  the  approval  of  the 
department.  Approved  March  29,  1937. 


An  Act  providing  for  biennial  municipal  elections  in  Chap. 150 

THE    city   of   NEWTON. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1,  Beginning  with  the  year  nineteen  hundred 
and  thirty-seven,  municipal  elections  in  the  city  of  Newton 
for  the  choice  of  mayor,  aldermen  and  members  of  the 
school  committee  shall  be  held  biennially  in  each  odd- 
numbered  year;  in  said  year  nineteen  hundred  and  thirty- 
seven  on  the  second  Tuesday  in  December  and  thereafter 
on  the  Tuesday  next  after  the  first  Monday  in  November. 
No  municipal  election  shall  be  held  in  said  city  in  the  year 
nineteen  hundred  and  thirty-eight. 

Section  2.  All  members  of  the  board  of  aldermen  to  be 
elected  at  the  regular  municipal  election  to  be  held  in  said 
city  in  the  year  nineteen  hundred  and  thirty-seven  shall 
serve  for  two  years  from  the  first  secular  day  in  January 
following  their  election  and  until  their  successors  are  quali- 
fied. The  aldermen  at  large  elected  at  the  regular  munici- 
pal election  held  in  the  year  nineteen  hundred  and  thirty- 
six  shall  continue  to  hold  office  until  the  qualification  of 
their  successors  who  shall  be  elected  at  the  biennial  munici- 
pal election  in  the  year  nineteen  hundred  and  thirty-nine. 
At  the  biennial  municipal  election  to  be  held  in  said  city  in 
the  year  nineteen  hundred  and  thirty-nine  and  at  every 
biennial  municipal  election  held  thereafter  the  mayor  and 
all  the  aldermen  shall  be  elected  to  serve  for  two  years  from 
the  first  secular  day  in  January  following  their  election  and 
until  their  successors  are  qualified. 


124  Acts,  1937. —Chap.  150. 


PROVISIONS   RELATIVE    TO    SCHOOL   COMMITTEE    IF    PLAN    A    IS 

ADOPTED. 

Section  3.  Members  of  the  school  committee  elected  at 
the  regular  municipal  election  in  the  year  nineteen  hundred 
and  thirty-five  shall  continue  to  hold  office  until  the  quali- 
fication of  their  successors  who  shall  be  elected  at  the  bien- 
nial municipal  election  in  the  year  nineteen  hundred  and 
thirty-nine.  Members  of  the  school  committee  to  be  elected 
at  the  regular  municipal  election  in  the  year  nineteen  hun- 
dred and  thirty-seven  shall  serve  for  four  years  from  the 
first  secular  day  in  January  following  their  election  and 
until  their  successors  are  quahfied.  At  the  biennial  munici- 
pal election  in  the  year  nineteen  hundred  and  thirty-nine 
there  shall  be  elected  five  members  of  the  school  committee, 
and  the  four  members  elected  thereat  who  receive  the  high- 
est number  of  votes  shall  serve  for  four  years  from  the  first 
secular  day  in  January  following  their  election  and  until 
their  successors  are  qualified,  and  the  member  elected  thereat 
who  receives  the  fifth  highest  number  of  votes  shall  serve 
for  two  years  from  the  first  secular  day  in  January  follow- 
ing his  election  and  until  his  successor  is  qualified.  At  every 
biennial  municipal  election  thereafter  all  members  of  the 
school  committee  to  be  elected  thereat  shall  be  elected  to 
serve  for  four  years  from  the  first  secular  day  in  January 
following  their  election  and  until  their  successors  are  quali- 
fied. Section  thirty-six  of  chapter  forty-three  of  the  Gen- 
eral Laws  shall  apply  to  vacancies  in  the  school  committee, 
except  that  for  the  purposes  hereof  where  the  words  "first 
Monday  in  January"  are  used  in  said  section  they  shall  be 
deemed  to  mean  the  first  secular  day  in  January. 

PROVISIONS  relative   TO   SCHOOL   COMMITTEE   IF    PLAN    B    IS 

ADOPTED. 

Section  4.  Members  of  the  school  committee  elected  at 
the  regular  municipal  election  in  the  year  nineteen  hundred 
and  thirty-five  shall  continue  to  hold  office  until  the  quali- 
fication of  their  successors  who  shall  be  elected  at  the  bien- 
nial municipal  election  in  the  year  nineteen  hundred  and 
thirty-nine.  Members  of  the  school  committee  to  be  elected 
at  the  regular  municipal  election  in  the  year  nineteen  hun- 
dred and  thirty-seven  shall  serve  for  two  years  only,  from 
the  first  secular  day  in  January  following  their  election  and 
until  the  qualification  of  their  successors.  At  the  biennial 
municipal  election  in  the  year  nineteen  hundred  and  thirty- 
nine  and  thereafter  at  every  biennial  municipal  election  all 
elective  members  of  the  school  committee  shall  be  elected 
to  serve  for  two  years  from  the  first  secular  day  in  January 
following  their  election  and  until  the  qualification  of  their 
successors.  Section  thirty-six  of  chapter  forty-three  of  the 
General  Laws  shall  apply  to  vacancies  in  the  school  com- 
mittee, except  that  for  the  purposes  hereof  where  the  words 


Acts,  1937. —Chap.  150. 


125 


YES 

NO 

"first  Monday  in  January"  are  used  in  said  section  they 
shall  be  deemed  to  mean  the  first  secular  day  in  January. 

Section  5.  So  much  of  chapter  two  hundred  and  eighty- 
three  of  the  acts  of  eighteen  hundred  and  ninety-seven,  and 
acts  in  amendment  thereof  and  in  addition  thereto,  as  is 
inconsistent  with  this  act  is  hereby  repealed. 

Section  6.  There  shall  be  placed  upon  the  official  ballot 
to  be  used  at  the  regular  municipal  election  in  the  city  of 
Newton  in  the  current  year  the  following  questions:  — 

"Question  (1).  Shall  municipal  elections  in  this  city  be 
hekl  biennially  under  the  provisions  of  an  act  passed  by  the 
general  court  during  the  current  year  entitled,  'An  act  pro- 
viding for  biennial  municipal  elections  in  the  city  of  Newton ', 
providing  among  other  things  for  either  four-year  terms  or 
two-year  terms  for  members  of  the  school  com- 
mittee as  may  be  determined  by  the  votes  in 
answer  to  Question  (2)? 

Question  (2).  If  municipal  elections  are  held  biennially 
in  this  city  as  aforesaid,  which  one  of  the  following  plans 
relative  to  the  terms  of  members  of  the  school  committee 
shall  be  adopted? 

Plan  A.  Members  of  the  school  commit- 
tee shall  serve  for  terms  of  FOUR  years 
each. 

Plan  B.  Members  of  the  school  commit- 
tee shall  serve  for  terms  of  TWO  years 
each. 

The  following  instructions  shall  also  be  placed  on  said 
ballot  immediately  above  said  Plan  A:  — 

Instructions.  Each  voter  shall  make  a  c7'oss  in  the  space  at 
the  right  of  the  plan  under  question  (2)  which  he  desires  to 
have  adopted.  If  a  voter  has  made  a  cross  in  each  such  space 
his  vote  on  question  (2)  shall  not  he  counted. 

Section  7.  If  a  majority  of  the  votes  cast  under  the 
preceding  section  on  question  (1)  is  in  the  affirmative  and 
a  majority  of  the  votes  so  cast  on  question  (2)  is  in  favor 
of  Plan  A,  sections  one,  two,  three  and  five  of  this  act  shall 
thereupon  take  full  effect,  and  section  four  shall  be  of  no 
effect. 

If  a  majority  of  the  votes  so  cast  on  question  (1)  is  in 
the  affirmative  and  a  majority  of  the  votes  so  cast  on  ques- 
tion (2)  is  not  in  favor  of  Plan  A,  sections  one,  two,  four 
and  five  of  this  act  shall  thereupon  take  full  effect,  and  sec- 
tion three  shall  be  of  no  effect. 

If  a  majority  of  the  votes  so  cast  on  question  (1)  is  not 
in  the  affirmative,  sections  one  to  five,  inclusive,  of  this  act 
shall  be  of  no  effect.  Approved  March  29,  1937. 


126  Acts,  1937. —Chap.  151. 


Chap. Idl  An  Act  relative  to  change  of  purpose  or  name   of 

CORPORATIONS   ORGANIZED    FOR   CHARITABLE    AND   CERTAIN 
OTHER   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Edo,'  i80^§  10,      Section  1.    Chapter  one  hundred  and  eighty  of  the  Gen- 
etc,  amended,    eral  Laws  is  hereby  amended  by  striking  out  section  ten, 
as  amended  by  section  thirty-seven  of  chapter  one  hundred 
and  eighty  of  the  acts  of  nineteen  hundred  and  thirty-two, 
Change  of         and  inserting  in  place  thereof  the  following:  —  Section  10. 
cOTporatron.       Such  corporatiou  may,  at  a  meeting  duly  called  for  the 
purpose,  by  vote  of  two  thirds  of  the  capital  stock  out- 
standing and  entitled  to  vote,  or,  in  case  such  corporation 
has  no  capital  stock,  by  vote  of  two  thirds  of  the  persons 
legally  qualified  to  vote  in  meetings  of  the  corporation,  or 
by  a  larger  vote  if  its  agreement  of  association  or  by-laws 
shall  so  require,  add  to  or  change  the  purposes  for  which  it 
was  incorporated,  if  the  additional  or  new  purpose  is  author- 
ized by  section  two.    The  presiding,  financial  and  recording 
officers  and  a  majority  of  its  other  officers  having  the  pow- 
ers of  directors  shall  forthwith  make,  sign  and  swear  to  a 
certificate  setting  forth  such  addition  to  or  change  of  pur- 
poses, which,  having  been  submitted  to  the  commissioner 
of  corporations  and  taxation  and  approved  by  him,  shall 
thereupon  be  filed  in  the  office  of  the  state  secretary. 
Ed^,'  iso'^'i  11       Section  2.     Said    chapter   one   hundred   and   eighty   is 
amended.'       '  hereby  further  amended  by  striking  out  section  eleven,  as 
appearing  in  the  Tercentenary  Edition,   and  inserting  in 
Change  of         placc  thereof  the  following :  —  Section  11.     A  corporation 
purpose.  organized  under  general  or  special  laws  for  any  of  the  pur- 

poses specified  in  section  two,  if  unable  to  comply  with 
section  ten  of  this  chapter  or  section  ten  of  chapter  one 
hundred  and  fifty-five,  may  petition  the  commissioner  of 
corporations  and  taxation,  hereinafter  called  the  commis- 
sioner, for  an  addition  to  or  change  of  purposes  or  for  a 
change  of  name,  as  the  case  may  be.  The  petition  shall 
contain  a  list  of  the  officers  and  stockholders  or  members 
of  the  corporation,  so  far  as  they  are  known,  with  their 
addresses;  shall  state  why  the  section  in  question  cannot 
be  complied  with  and  the  additional  or  new  purposes  or  the 
name  proposed  to  be  adopted  by  the  corporation.  It  shall 
be  signed  and  sworn  to  by  the  president  or  one  member  of 
the  board  of  directors.  The  commissioner  may  require  the 
petitioner  to  give  him  information  as  to  what  attempt,  if 
any,  has  been  made  to  secure  the  approval  of  two  thirds  of 
the  stockholders  or  members,  or  of  such  proportion  thereof 
as  the  agreement  of  association  or  by-laws  of  the  corpora- 
tion may  prescribe,  for  the  proposed  addition  to  or  change 
of  purposes  or  for  the  proposed  change  of  name.  The  com- 
missioner may  also  require  any  other  information  which 
may  assist  in  determining  the  matter  before  him.  He  may 
direct  the  petitioner  or  the  officers  of  the  corporation  to 


Acts,  1937. —Chaps.  152,  153.  127 

give  any  further  notice  to  the  members  thereof  of  the  pro- 
posed addition  to  or  change  of  purposes  or  change  of  name 
and  to  report  to  him  the  result  of  such  notice.  If  the  com- 
missioner is  satisfied  that  the  proposed  new  or  additional 
purposes  or  the  proposed  name  of  the  corporation  is  ap- 
proved b}^  such  members  or  stockholders  thereof  as  have 
expressed  an  opinion  in  relation  thereto,  or  of  a  reasonable 
proportion  thereof,  he  shall,  in  the  case  of  a  change  of 
name,  endorse  his  approval  on  the  petition,  or,  in  the  case 
of  an  addition  to  or  change  of  purposes,  if  he  finds  that 
the  additional  or  new  purpose  is  authorized  by  said  section 
two,  he  shall  so  endorse  his  approval,  and  thereupon  the 
petition  shall  be  filed  in  the  office  of  the  state  secretary, 
who  shall,  in  the  case  of  a  change  of  name,  direct  publica- 
tion thereof  and  grant  a  certificate  of  name  as  provided  in 
section  ten  of  said  chapter  one  hundred  and  fifty-five.  No 
petition  hereunder  for  a  change  of  name  of  a  corporation 
subject  to  section  twenty-six  shall  be  considered  by  the 
commissioner  until  after  such  change  of  name  has  been 
approved  b}-  the  state  secretary. 

Approved  March  29,  1937. 

An  Act  permitting  fishing  without  a  license  in  cer-  Qhdj)  \^2 

TAIN    PONDS    in   DUKES    COUNTY.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Fishing  without  a  license,  but  subject  other- 
wise to  the  provisions  of  law  regulating  fishing,  is  hereby  per- 
mitted in  the  following  ponds  in  Dukes  county,  —  Lower 
Chilmark  pond  in  the  town  of  Chilmark,  West  Tisbury 
pond  in  the  towns  of  Chilmark  and  West  Tisbury,  Oyster 
pond,  Edgartown  pond  and  Trapp  pond  in  the  town  of 
Edgartown,  Farm  pond  in  the  town  of  Oak  Bluffs,  Tash- 
moo  pond  in  the  town  of  Tisbury  and  Squibnocket  pond 
in  the  towns  of  Chilmark  and  Gay  Head. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  31,  1937. 

An  Act  authorizing  the  commissioner  of  labor  and  nhn^y  i  53 

industries    to    suspend    until    APRIL    FIRST,    NINETEEN  "' 

hundred  and  thirty-eight,  the  SIX  o'clock  law,  so 

CALLED,    relating    TO    THE    HOURS    OF    EMPLOYMENT    OF 
WOMEN   IN   THE   TEXTILE   INDUSTRY. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  ^^^^"^ 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  three  hundred  and  forty-seven  of 
the  acts  of  nineteen  hundred  and  thirtj^-three,-  as  most  re- 
cently amended  by  chapter  one  hundred  and  fifty-four  of 


128  Acts,  1937.  —  Chap.  154. 

the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby  fur- 
ther amended  by  striking  out,  in  the  fourth  and  fifth  hnes, 
the  word  "thirty-seven"  and  inserting  in  place  thereof  the 
word:  —  thirty-eight,  —  so  as  to  read  as  follows:  —  Section 
1.  The  commissioner  of  labor  and  industries  is  hereby 
authorized,  in  conformity  with  Article  XX  of  Part  the  First 
of  the  Constitution  of  the  Commonwealth,  to  suspend, 
until  April  first,  nineteen  hundred  and  thirty-eight,  subject 
to  such  restrictions  and  conditions  as  the  said  commis- 
sioner may  prescribe,  so  much  of  section  fifty-nine  of  chap- 
ter one  hundred  and  forty-nine  of  the  General  Laws,  as 
amended,  as  prohibits  the  employment  of  women  in  the 
manufacture  of  textile  goods  after  six  o'clock  in  the  eve- 
ning; and,  during  the  time  of  such  suspension,  those  parts 
of  said  section  fifty-nine  which  are  so  suspended  shall  be 
inoperative  and  of  no  effect.        Approved  March  31,  1937. 

Chap. 154:  An  Act  relative  to  appropriations  for  school  purposes 

IN   THE   CITY    OF   LYNN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hundred  and 
seventy-eight  of  the  acts  of  nineteen  hundred  and  nine,  as 
most  recently  amended  by  section  one  of  chapter  two  hun- 
dred and  thirty-four  of  the  acts  of  nineteen  hundred  and 
twenty-one  and  as  affected  by  section  thirty  of  chapter 
forty-four  of  the  General  Laws,  is  hereby  further  amended 
by  adding  at  the  end  the  following  new  paragraph :  — 

Notwithstanding  the  foregoing  provisions  of  this  section, 
if  in  the  opinion  of  the  school  committee  amounts  in  excess 
of  the  aggregate  amount  which  would  be  available  under 
such  provisions  are  necessary  for  the  above  named  purposes 
for  any  financial  year,  the  school  committee,  by  vote  of  a 
majority  of  all  its  members  taken  by  yeas  and  nays,  subject 
to  the  approval  of  the  mayor,  may  increase  appropriations 
for  said  purposes  for  such  financial  year,  but  the  total  amount 
available  for  said  purposes  from  all  sources,  including  taxa- 
tion, balances  of  appropriations  and  miscellaneous  receipts, 
shall  not  exceed  the  sum  of  one  million  five  hundred  and  fifty 
thousand  dollars. 

Section  2.  Said  chapter  one  hundred  and  seventj^-eight 
is  hereby  further  amended  by  striking  out  section  three  and 
inserting  in  place  thereof  the  following :  —  Section  3.  The 
school  committee  shall  forthwith  certify  to  the  assessors  the 
appropriations  voted  hereunder  for  each  financial  year  and 
the  provisions  made  for  meeting  such  appropriations;  and 
the  assessors  shall  include  as  appropriations  in  the  annual 
assessment  of  taxes  for  that  year  the  total  amount  so  certified 
and  may  deduct  from  the  amount  required  to  be  assessed 
all  amounts  lawfully  applicable  to  the  payment  of  school 
expenditures  of  that  year. 

Section  3.  Appropriations  for  the  current  year  may  be 
made  under  section  one  of  said  chapter  one  hundred  and 


Acts,  1937. —Chap.  155.  129 

seventy-eight,  as  most  recently  amended  by  section  one  of 
this  act  and  as  affected  as  aforesaid,  at  any  time  before  the 
fixing  of  the  tax  rate  for  the  city  of  Lynn  for  the  current  year, 
notwithstanding  any  provision  therein  contained. 
Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  1,  1937. 


An  Act  authorizing  the  county  commissioners  of  hamp-  Chap. 165 

SHIRE  county  to  PURCHASE  A  CERTAIN  BRIDGE  OVER  THE 
CONNECTICUT  RIVER  BETWEEN  THE  CITY  OF  NORTHAMPTON 
AND  THE  TOWN  OF  HADLEY  AND  TO  DO  CERTAIN  OTHER  ACTS 
IN  CONNECTION  WITH  THE  CONSTRUCTION  OF  A  NEW  BRIDGE 
IN  THE  VICINITY  THEREOF  AND  TO  BORROW  MONEY  FOR 
SUCH  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  the  county  of 
Hampshire,  hereinafter  called  the  commissioners,  are  hereby 
authorized  to  purchase  the  bridge,  and  its  approaches,  now 
or  formerly  owned  by  the  Northampton  Street  Railway  Com- 
pany, which  crosses  the  Connecticut  river,  between  the  city 
of  Northampton  and  the  town  of  Hadley,  if  they  deem  such 
purchase  advisable  and  are  able  to  purchase  said  bridge  and 
approaches  for  a  price  which  they  deem  reasonable,  but  not 
exceeding  five  thousand  dollars. 

Section  2.  The  commissioners  may  enter  upon,  or  take 
by  eminent  domain  under  chapter  seventy-nine  of  the  Gen- 
eral Laws,  or  acquire  by  purchase  or  otherwise,  all  such  public 
or  private  lands  or  parts  thereof  or  rights  therein,  or  such 
public  ways,  as  may  be  necessary  for  carrjdng  out  the  plans 
of  the  state  department  of  pubhc  works  for  the  erection  of 
a  new  bridge  and  approaches  to  replace  the  present  bridge 
over  the  Connecticut  river  between  the  city  of  Northamp- 
ton and  the  town  of  Hadley,  including  such  lands  or  rights 
therein  as  may  be  necessary  for  the  construction  of  all  neces- 
sary drainage  outlets;  provided,  that  no  damages  shall  be 
paid  for  public  lands  or  public  ways  so  taken.  The  cost  of 
land  takings,  including  any  damages  awarded  on  account 
of  any  taking  of  lands  or  property,  or  any  injury  to  the  same, 
and  any  sums  paid  for  lands  or  rights  purchased,  shall  be 
borne  by  the  county  of  Hampshire.  The  total  amount  to  be 
paid  by  said  county  under  this  and  the  preceding  section 
shall  not  exceed  thirty  thousand  dollars. 

Section  3.  For  the  purpose  of  meeting  the  payments 
required  to  be  made  by  the  county  of  Hampshire  under  this 
act,  the  treasurer  of  said  county,  with  the  approval  of  the 
county  commissioners,  may  borrow  from  time  to  time  upon 
the  credit  of  the  county  such  sums  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  thirty  thousand  dollars,  and  may 
issue  notes  of  the  county  therefor.  Each  authorized  issue 
shall  constitute  a  separate  loan,  and  such  loans  shall  be  pay- 
able in  not  less  than  one  year  and  not  more  than  five  years 
from  their  respective  dates.     Notes  issued  hereunder  shall 


130  Acts,  1937.  —  Chaps.  156,  157. 

bear  on  their  face  the  words,  County  of  Hampshire  Bridge 
Loan,  Act  of  1937.  Indebtedness  incurred  hereunder  shall, 
except  as  herein  provided,  be  subject  to  chapter  thirty-five 
of  the  General  Laws.  Such  notes  shall  be  signed  bj^  the 
treasurer  of  said  county  and  countersigned  by  a  majority 
of  the  commissioners.  The  county  may  sell  said  securities 
at  pubhc  or  private  sale  upon  such  terms  and  conditions  as 
the  commissioners  may  deem  proper,  but  not  for  less  than 
their  par  value. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  1,  1937. 

Chap.l5Q  An  Act  penalizing  the  deposit  without  right  of  cer- 
tain ARTICLES  AND  MATERIALS  IN  PONDS  IN  THE  TOWN  OF 
NANTUCKET, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whoever  wilfully,  intentionally  and  without 
right  deposits  or  causes  to  be  deposited  in  anj^  pond  in  the 
town  of  Nantucket  any  article  or  materials  which  may  di- 
rectly or  indirectly  be  detrimental  to  fishing  in  or  navigation 
on  such  pond  or  to  any  public  or  private  right  therein,  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  1,  1937. 

Chap. 157  An  Act  providing  for  enforcement  of  certain  provi- 
sions  OF   LAW   RELATIVE   TO   STATE   FINANCE. 

^rTambiT^  TFAereas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose,  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  pubHc 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'iJ^new  Chapter  twenty-nine  of  the  General  Laws  is  hereby 
section  63,  amended  by  inserting  after  section  sixty-two,  as  appearing 
added.  ^^  ^^iq  Tercentenary  Edition,  the  following  new  section :  — 

pe^ution'^to  Scction  63.  If  a  department,  commission,  board,  officer, 
restrain  cmploycc  or  agent  of  the  commonwealth  is  about  to  expend 

expenditures,  moncy  or  iucur  obligations  purporting  to  bind  the  common- 
wealth for  any  purpose  or  object  or  in  any  manner  other  than 
that  for  and  in  which  such  department,  commission,  board, 
officer,  employee  or  agent  has  the  legal  and  constitutional 
right  and  power  to  expend  money  or  incur  obhgations,  the 
supreme  judicial  or  superior  court  may,  upon  the  petition 
of  not  less  than  twenty-four  taxable  inhabitants  of  the  com- 
monwealth, not  more  than  six  of  whom  shall  be  from  any  one 
county,  determine  the  same  in  equity,  and  may,  before  the 
final  determination  of  the  cause,  restrain  the  unlawful  exer- 
cise or  abuse  of  such  right  and  power. 

Approved  April  1,  1937. 


Acts,  1937. —Chap.  158.  131 


An  Act  providing  for  a  fifth  assistant  clerk  of  courts  Chav  158 

FOR   the    county    OF   MIDDLESEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  four  of  chapter  two  hundred  arid  Ed  V' 2 Jr '5  4 
twenty-one  of  the  General  Laws,  as  amended  by  section  one  etc!, 'amended', 
of  chapter  eighty-nine  of  the  acts  of  nineteen  hundred  and 
thirty-five,  is  hereby  further  amended  by  striking  out,  in  the 
fourteenth  Hne,   the  word   "and"   and  inserting  in   place 
thereof  a  comma,  —  by  inserting  after  the  word  "assistant" 
in  the  same  line  the  words :  —  and  a  fifth  assistant,  —  and 
by  adding  at  the  end  thereof  the  following  paragraph :  — 
The  fifth  assistant  clerk  of  courts  for  the  county  of  Middle- 
sex shall  keep  reasonable  daily  office  hours,  on  days  other 
than  Sundays  and  hohdays,  at  the  office  of  the  clerk  of  courts 
for  said  county  in  the  county  court  house  in  the  city  of 
Lowell,  —  so  as  to  read  as  follows:  —  Section  4-    The  justices  Assistant  clerks 
of  the  supreme  judicial  court  shall  appoint  for  a  term  of  three  °^^°^^^- 
years  from  the  date  of  their  appointment,  and  may  remove, 
assistant  clerks  of  courts,  as  follows: 

For  the  county  of  — 

Barnstable,  an  assistant; 

Bristol,  an  assistant; 

Essex,  an  assistant,  a  second  assistant,  a  third  assistant, 
a  fourth  assistant  and  a  fifth  assistant; 

Hampden,  an  assistant,  a  second  assistant  and,  subject  to 
the  approval  of  the  county  commissioners,  a  third  assistant; 

Middlesex,  an  assistant,  a  second  assistant,  a  third  assist- 
ant, a  fourth  assistant  and  a  fifth  assistant; 

Norfolk,  an  assistant; 

Plymouth,  an  assistant; 

Suffolk,  an  assistant  of  the  supreme  judicial  court; 

Worcester,  an  assistant,  a  second  assistant,  a  third  assist- 
ant and  a  fourth  assistant. 

Assistant  clerks  of  courts  except  in  Suffolk  county  shall 
act  as  assistant  clerks  of  the  supreme  judicial  court,  the 
superior  court  and  the  county  commissioners. 

The  fifth  assistant  clerk  of  courts  for  the  county  of  Middle- 
sex shall  keep  reasonable  daily  office  hours,  on  days  other 
than  Sundays  and  holidays,  at  the  office  of  the  clerk  of  courts 
for  said  county  in  the  county  court  house  in  the  city  of  Lowell. 

Section  2.    This  act  shall  take  effect  upon  its  acceptance  Effective 
during  the  current  year  by  the  county  commissioners  of  the  ^^*®' 
county  of  Middlesex.  Approved  April  1,  1937. 


132  Acts,  1937. —Chaps.  159,  160. 


Chap. 159  An  Act  to  enable  the  city  of  boston  to  secure  the 

BENEFITS  OF  CERTAIN  ACTS  AND  JOINT  RESOLUTIONS  OF 
THE  CONGRESS  OF  THE  UNITED  STATES  FOR  CARRYING 
OUT  A    CERTAIN   SUBWAY    PROJECT   IN    SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Wherever  in  Part  II  of  chapter  three  hun- 
dred and  sixty-six  of  the  acts  of  nineteen  hundred  and  thirty- 
three  reference  is  made  to  the  National  Industrial  Recovery 
Act  or  any  title  or  part  thereof,  such  reference  shall  be 
deemed  and  held  to  refer  also,  and  in  the  alternative,  to  any 
and  all  acts  and  joint  resolutions  of  the  Congress  of  the 
United  States  enacted  during  nineteen  hundred  and  thirty- 
five  or  nineteen  hundred  and  thirty-six  or  thereafter  author- 
izing grants  or  use  of  federal  money  for  public  projects. 

Section  2.  This  act  shall  take  full  effect  only  upon  its 
acceptance  both  by  vote  of  the  city  council  of  the  city  of 
Boston,  approved  by  the  mayor,  and  by  the  Boston  Ele- 
vated Railway  Company  by  vote  of  its  board  of  directors, 
and  upon  the  filing  of  certificates  of  such  acceptances  with 
the  state  secretary,  provided  that  such  acceptances,  ap- 
proval and  filing  occur  during  the  current  year. 

Approved  April  1,  1937. 

Chap. 160  An  Act  providing  for  an  extension  of  the  period  within 

WHICH  THE  CITY  OF  BOSTON  MAY  BORROW  MONEY  FOR  AIR- 
PORT  PURPOSES. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  Section  one  of  chapter  two  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred  and  thirty-one 
is  hereby  amended  by  striking  out,  in  the  fifth  line,  the  word 
"two"  and  inserting  in  place  thereof  the  word:  —  seven,  — 
so  as  to  read  as  follows :  —  Section  1 .  For  the  purpose  of 
improving,  extending  and  developing  the  Boston  airport, 
so-called,  in  the  East  Boston  district  of  the  city  of  Boston, 
said  city  is  hereby  authorized  to  borrow,  outside  the  statu- 
tory limit  of  indebtedness,  from  time  to  time  within  a  period 
of  seven  years  from  the  passage  of  this  act,  such  sums  as  may 
be  necessary,  not  exceeding,  in  the  aggregate,  one  million 
two  hundred  and  fifty  thousand  dollars,  and  may  issue  bonds 
or  notes  therefor,  which  shall  bear  on  their  face  the  words, 
Boston  Airport  Improvement  Loan,  Act  of  1931.  Each 
authorized  issue  shall  constitute  a  separate  loan,  and  such 
loans  shall  be  paid  in  not  more  than  ten  years  from  their 
dates.  Except  as  herein  provided,  indebtedness  incurred 
under  this  act  shall  be  subject  to  the  laws  relative  to  the 
incurring  of  debt  by  said  city. 

Section  2.  Debt  incurred  by  the  city  of  Boston,  after 
the  effective  date  of  this  act,  for  the  purposes  provided  in 
section  one  of  said  chapter  two  hundred  and  seventy-one,  as 


Acts,  1937. —Chaps.  161,  162.  133 

amended  by  section  one  of  this  act  shall,  except  that  the 
same  shall  be  outside  the  statutory  limit  of  indebtedness, 
be  subject  to  the  provisions,  appUcable  to  the  city  of  Boston, 
of  chapter  forty-four  of  the  General  Laws,  as  amended,  ex- 
clusive of  the  limitation  contained  in  the  first  paragraph 
of  section  seven  thereof,  anything  in  the  provisions  of 
section  one  of  said  chapter  two  hundred  and  seventy-one, 
as  amended,  to  the  contrary  notwithstanding. 

Section  3.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  vote  of  the  city  council  of  the 
city  of  Boston,  subject  to  the  provisions  of  its  charter,  but 
not  otherwise.  Approved  April  1,  1937. 


An  Act  authorizing  the  society  of  st.  mary  op  the  C/iap.l61 

PEACE   TO   change   THE   LOCATION    OF   ITS   PLACE   OF   BUSI- 
NESS   FROM    WALTHAM   TO    WATERTOWN. 

Be  it  enacted,  etc.,  as  follows: 

The  Society  of  St.  Mary  of  the  Peace,  a  fraternal  benefit 
society  incorporated  under  chapter  one  hundred  and  seventy- 
six  of  the  General  Laws,  may,  with  the  approval  of  the  com- 
missioner of  insurance,  change  the  location  of  its  place  of 
business  from  the  city  of  Waltham  to  the  town  of  Water- 
town.  Upon  such  approval,  the  presiding,  financial  and 
recording  officers  and  a  majority  of  the  directors  of  said  cor- 
poration shall  file  in  the  office  of  the  state  secretary  a  cer- 
tificate, with  the  approval  of  said  commissioner  endorsed 
thereon,  setting  forth  the  change  in  location  as  aforesaid. 
The  state  secretary  shall  cause  such  certificate  to  be  filed  in 
his  office.  Approved  April  1,  1937. 

An  Act  liberalizing  the  provisions  of  law  relative  C'/iax).162 
TO  absent  voting. 

Be  it  enacted,  etc.,  as  follows: 

Section  I.     Section  ninety-two  of  chapter  fifty-four  of  ^j^-^jTgg 
the  General  Laws,  as  amended  by  section  four  of  chapter  etc!, 'amended'. 
four  hundred  and  four  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  striking  out,  in  the 
tenth  and  in  the  thirtieth  fines,  the  words  "two  municipali- 
ties" and  inserting  in  place  thereof,  in  each  instance,  the 
words :  —  one  municipality,  —  so  as  to  read  as  follows :  — 
Section  92.     A  voter  who  has  received  an  official  absent  Method  of 
voting  ballot  as  provided  in  section  eighty-nine  may  vote  ^°*'"^- 
by  mailing  the  same  to  the  city  or  town  clerk,  or,  if  on  the 
day  of  the  biennial  state  election  he  will  be  on  the  high  seas 
in  the  prosecution  of  the  business  of  fishing  or  as  a  mariner, 
by  delivering  the  same  to  such  clerk.     He  shall  mark  said 
ballot  in  the  presence  of  an  official  authorized  by  law  to  ad- 
minister oaths,  and  of  no  other  person,  in  a  municipafity 
which  is  separated  by  at  least  one  municipality  from  the 
city  or  town  where  the  voter  is  registered,  or,  if  on  the  day 


134 


Acts,  1937. —Chap.  162. 


G.  L.  (Ter. 
Ed.).  54,  §  87, 
etc.,  amended. 


Affidavit, 
form  of. 


of  the  biennial  state  election  he  will  be  on  the  high  seas  in 
the  prosecution  of  the  business  of  fishing  or  as  a  mariner,  he 
may  mark  said  ballot  in  the  presence  of  the  city  or  town  clerk, 
and  of  no  other  person,  in  the  municipality  wherein  he  is 
registered.  Before  marking  the  ballot  he  shall  exhibit  it  to 
said  official,  who  shall  satisfy  himself  that  it  is  unmarked, 
but  he  shall  not  allow  said  official  to  see  how  he  marks  it. 
Said  official  shall  hold  no  communication  with  the  voter, 
nor  he  with  said  official,  as  to  how  he  is  to  vote.  Thereafter 
the  voter  shall  enclose  and  seal  the  same  in  the  proper  en- 
velope provided  for  by  clause  (c)  of  section  eighty-seven.  He 
shall  then  execute  before  said  official  the  necessary  affidavit 
on  said  envelope  as  set  forth  in  said  clause  (c),  and  shall 
enclose  and  seal  the  envelope  with  the  ballot  in  the  envelope 
provided  for  in  clause  (d)  of  said  section,  endorse  thereon  his 
name,  address  and  voting  place,  and  mail  the  same  within 
the  time  prescribed  in  the  following  section,  postage  prepaid, 
at  a  post  office  in  a  municipality  which  is  separated  by  at 
least  one  municipality  from  the  city  or  town  wherein  the 
voter  is  registered,  or,  if  on  the  day  of  the  biennial  state 
election  he  will  be  on  the  high  seas  in  the  prosecution  of  the 
business  of  fishing  or  as  a  mariner,  may  deliver  the  same 
within  the  time  so  prescribed  to  the  clerk  of  the  municipality 
wherein  he  is  registered. 

Section  2.  The  first  affidavit  appearing  in  subsection  (c) 
of  section  eighty-seven  of  said  chapter  fifty-four,  as  amended 
by  section  two  of  said  chapter  four  hundred  and  four,  is 
hereby  amended  by  striking  out,  in  the  fifth  line,  the  words 
"are  at  least  two  municipahties"  and  inserting  in  place 
thereof  the  words:  —  is  at  least  one  municipality,  —  so  as 
to  read  as  follows :  — 

State  of  , 

County  of  ,  ss. 

I,  ,  do  solemnly  swear  that  I  am  a  registered  voter  in  the 

city  or  town  of  ,  Massachusetts,  in  precinct  ,  ward 

,  that  there  is  at  least  one  municipality  intervening  be- 
tween the  municipality  in  which  I  am  a  registered  voter  and  the  place 
where  I  now  am;  that  I  have  carefully  read  the  instructions  forwarded 
to  me  with  the  ballot  herein  enclosed,  and  that  I  have  marked,  enclosed 
and  sealed  the  within  ballot  as  stated  hereon  by  the  person  taking  my 
oath. 

(Signature) 

Subscribed  and  sworn  to  before  me  by  the  above  affiant,  personally 
known  to  me,  this  day  of  ,19  ,  in  the  city  or 

town  of  ,  state  of  ,  and  I  hereby  certify  that  when 

I  was  alone  with  the  affiant  he  showed  me  the  ballot  herein  enclosed, 
unmarked,  and  then  in  my  presence  marked  the  same  without  my  see- 
ing how  he  marked  it,  after  which  he  sealed  said  ballot  in  this  envelope. 
I  had  no  communication  with  the  affiant  as  to  how  he  was  to  vote. 
(Seal,  if  any)  Name 

Residence 

Official  title  or  military  or  naval  rank 


Approved  April  1,  1937. 


Acts,  1937. —Chap.  163.  135 

An  Act  relative  to  payments  under  the  boston  retirp:-  (JJiQr)  \Q'i 

MENT  ACT   FOR   INCAPACITY   OR   DEATH    OCCASIONED   BY  AN  ^' 

ACCIDENT  OR  BY  UNDERGOING  A  HAZARD  PECULIAR  TO  THE 
member's    EMPLOYMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  five  hundred  and  twenty-one  of  the 
acts  of  nineteen  hundred  and  twenty-two  is  hereby  amended 
by  striking  out  section  thirteen  and  inserting  in  place  thereof 
the  following:  —  Section  13.  If  the  retirement  board,  upon 
application  by  a  member  or  by  a  person  acting  in  his  behalf 
or  by  the  head  of  the  department  in  which  such  member  is 
employed,  or,  in  the  case  of  heads  of  departments,  by  the 
mayor,  and  upon  receipt  of  proper  proofs,  finds  that  such 
member  is  totally  and  permanently  incapacitated  for  duty 
as  the  natural  and  proximate  result  of  an  accident  or  of 
undergoing  a  hazard  peculiar  to  his  employment,  in  the  per- 
formance and  within  the  scope  of  his  duty,  at  some  definite 
time  and  place,  without  contributory  negligence  on  his  part, 
and  that  such  accident  occurred  or  hazard  was  undergone 
not  more  than  two  years  prior  to  said  application,  or,  if  more 
than  two  years  prior  to  said  application,  was  reported  in 
writing  to  the  retirement  board  by  the  member  or  in  his  be- 
half within  ninety  days  after  it  occurred  or  was  undergone, 
and  that  such  member  should  be  retired,  and  if  the  medical 
board,  after  an  examination  of  such  member,  shall  find  that 
such  member  is  totally  and  permanently  incapacitated  for 
further  performance  of  duty  as  the  natural  and  proximate 
result  of  such  accident  or  of  undergoing  such  hazard,  such 
member  shall  be  retired  for  accidental  disability. 

Section  2.  Said  chapter  five  hundred  and  twenty-one 
is  hereby  further  amended  by  striking  out  the  first  paragraph 
of  section  fifteen  and  inserting  in  place  thereof  the  following: 
—  If  a  member  is  killed  or  dies  or  a  beneficiary  retired  for 
accidental  disability  who  has  not  taken  an  option  under  sec- 
tion seventeen  dies  and  the  retirement  board,  upon  applica- 
tion by  the  head  of  the  department  in  which  the  member 
or  beneficiary  was  employed  or  of  a  person  acting  in  behalf 
of  the  legal  representative  or  dependents  of  the  member 
or  beneficiary,  and  upon  receipt  of  proper  proofs,  finds  that 
such  death  was  the  natural  and  proximate  result  of  an  acci- 
dent or  of  undergoing  a  hazard  peculiar  to  his  employment, 
in  the  performance  and  within  the  scope  of  his  duty,  at  some 
definite  time  and  place,  without  contributory  negligence  on 
his  part,  and  that  such  accident  occurred  or  hazard  was  un- 
dergone not  more  than  two  years  prior  to  the  date  of  death 
or  that,  in  the  case  of  one  who  was  a  member  at  the  time  of 
his  death,  such  accident  occurred  or  hazard  was  undergone 
more  than  two  years  prior  to  the  date  of  death  but  was 
reported  in  writing  to  the  retirement  board  by  the  member 
or  in  his  behalf  within  ninety  days  after  it  occurred  or  was 
undergone,  and  if  the  medical  board  shall  find  that  the  death 


136  Acts,  1937. —Chaps.  164,  165. 

was  the  natural  and  proximate  result  of  such  accident  or  of 
undergoing  such  hazard,  an  accidental  death  benefit  shall 
be  granted  by  the  retirement  board.  Such  accidental  death 
benefit  shall  consist  of: 

Section  3.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  vote  of  the  city  council  of  the  city 
of  Boston,  subject  to  the  provisions  of  its  charter. 

Approved  April  1,  1937. 


Chap. 164:  An  Act  relative   to   expenditures   by   the   town   of 

BOURNE    FOR    MUNICIPAL    ADVERTISING    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Bourne  may  annually  appro- 
priate a  sum,  not  exceeding  fifteen  hundred  dollars,  for  the 
purpose  of  advertising  the  advantages  of  the  town,  with 
special  reference  to  its  facilities  for  summer  vacation,  recre- 
ation, seashore,  residential  and  small  manufacturing  pur- 
poses; provided,  that  as  to  each  such  appropriation  a  sum 
equal  to  the  amount  thereof  shall  previously  have  been  con- 
tributed by  public  subscription  or  by  donation  and  paid 
into  the  town  treasury  to  be  expended  for  the  aforesaid 
purposes.  The  money  so  appropriated  by  the  town  and  so 
raised  by  subscription  or  donation  shall  be  expended  under 
the  direction  of  the  selectmen. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  said  town  within  three  years  after  its  passage. 

Approved  April  1,  1937. 

Chap.lQ5  An  Act  permitting  recipients  of  old  age  assistance, 

so     CALLED,     TO     LEAVE     THE     COMMONWEALTH     WITHOUT 
SUSPENSION   OF  SUCH  ASSISTANCE. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Chapter  one  hundred  and  eighteen  A  of  the  General  Laws 

new'elctim       is  hereby  amended  by  inserting  after  section  six,  as  appear- 
6A,  added.        jj^g  jj^  sectiou  ouc  of  chapter  four  hundred  and  thirty-six  of 
the  acts  of  nineteen  hundred  and  thirty-six,  the  following 
Leave  of  ab-      ncw  sectiou  I  —  Scction  6 A .    Any  person  receiving  assistance 
Buspenlion°"*^     uudcr  this  chapter  may  be  absent  from  the  commonwealth 
of  benefits.        f^j.  ^q^  exceeding  thirty  days  in  any  year  without  having 
such  assistance  suspended;   provided,  that  such  person,  be- 
fore his  departure  from  the  commonwealth  and  following 
his  return  thereto,  notifies  the  bureau  of  old  age  assistance 
of  the  town  granting  such  assistance. 

Approved  April  1,  1937. 


Acts,  1937. —Chap.  166.  137 


An  Act  to  incorporate  the  board  of  home  missions  of  Chav  166 

THE   congregational   AND    CHRISTIAN    CHURCHES. 

Whereas,  The  deferred  operation  of  this  act  would  tend  prefmbi"'^^ 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Thomas  P.  Alder  of  New  Jersey,  John  C. 
Blackman  of  Wyoming,  William  C.  Boult  of  New  York, 
Ronald  Bridges  of  Maine,  Irene  K.  Brown  of  CaUfornia, 
Charles  W.  Case  of  New  York,  Raymond  G.  Clark  of  Ohio, 
Robert  W.  Coe  of  Massachusetts,  Edward  W.  Cross  of 
New  York,  Edith  M.  Dabb  of  New  York,  William  F.  Frazier 
of  Connecticut,  Philip  E.  Gregory  of  Minnesota,  Joel  W, 
Harper  of  Washington,  Elbert  A.  Harvey  of  Massachusetts, 
Alfred  H.  Hauser  of  New  Jersey,  Margaret  G.  Hayes  of 
New  York,  Jacob  L.  Hirning  of  Illinois,  Harding  R.  Hogan 
of  Wisconsin,  Martha  A.  Horning  of  Kansas,  Mary  W. 
Jewett  of  New  York,  Caesar  S.  Ledbetter  of  South  Caro- 
lina, Oscar  E.  Maurer  of  Connecticut,  Kate  K.  Newman  of 
Pennsylvania,  WilUam  W.  Patton  of  New  Jersey,  Mary  C. 
Peters  of  Connecticut,  Warren  W.  Pickett  of  Michigan, 
Josabel  L.  Read  of  Iowa,  Hibbard  Richter  of  Massachu- 
setts, Louise  G.  Rounds  of  New  Jersey,  Fred  W.  Rust  of 
Massachusetts,  Helen  C.  Ryerson  of  New  York,  Katherine 
T.  Schroeder  of  Maine,  Theodore  M.  Shipherd  of  Connec- 
ticut, Harley  H.  Short  of  Indiana,  H.  Shelton  Smith  of 
North  Carolina,  Robert  S.  Smith  of  Connecticut,  Phihp  S. 
Suffern  of  New  Jersey,  Chester  A.  Thomas  of  Pennsylva- 
nia, Laura  H.  Wild  of  Massachusetts  and  Percy  R.  Ziegler 
of  Massachusetts,  together  with  such  others  as  may  be  here- 
after associated  with  or  succeed  them,  are  hereby  consti- 
tuted a  body  corporate  by  the  name  of  The  Board  of  Home 
Missions  of  the  Congregational  and  Christian  Churches, 
hereinafter  called  the  corporation  hereby  created. 

Section  2.  The  objects  of  the  corporation  hereby  cre- 
ated shall  be  exclusively  charitable,  educational  and  Uterary, 
as  follows: 

First:  To  conduct  missionary  and  educational  opera- 
tions, and  diffuse  a  knowledge  of  the  Holy  Scriptures,  in 
the  United  States  and  in  other  countries,  and  promote 
Christian  civilization  by  endowing,  assisting  or  estabhshing 
academic,  collegiate,  or  theological  institutions  of  learning 
therein,  and  assisting  persons  of  either  sex  seeking  an  edu- 
cation. 

Second:  To  establish,  aid  and  promote  churches,  Sunday 
schools,  Bible  schools  and  kindred  institutions,  either  di- 
rectly or  through  other  corporations  having  similar  objects 
in  the  United  States  and  in  other  countries. 


138  Acts,  1937. —Chap.  166. 

Third:  To  promote  the  building  of  meeting-houses,  par- 
sonages and  other  buildings  by  the  Congregational  and 
Christian  churches  of  the  United  States  and  its  possessions. 

Fourth:  To  secure,  hold,  manage  and  distribute  funds  for 
the  relief  of  needy  Congregational  and  Christian  ministers 
and  the  needy  families  of  deceased  Congregational  and  Chris- 
tian ministers,  in  accordance  with  resolutions  and  declara- 
tions adopted  or  made,  from  time  to  time,  by  the  General 
Council  of  the  Congregational  and  Christian  Churches  of 
the  United  States,  or  by  any  body  which  may  succeed  to  the 
present  functions  of  that  council. 

Fifth:  To  publish,  purchase,  sell,  circulate  and  distribute, 
in  such  manner  as  they  shall  deem  expedient,  any  and  all 
publications,  books,  tracts,  papers  or  periodicals,  calculated 
to  promote  good  morals  and  pure  Christianity  and  the  spread 
and  extension  of  the  gospel  of  Jesus  Christ. 

Sixth:  And  in  general  to  extend  the  gospel  and  the  means 
of  Christian  education,  and  to  do  and  promote  charitable 
and  Christian  work  for  the  advancement  of  the  general 
interests  of  the  Congregational  and  Christian  churches  in 
the  United  States  and  elsewhere ;  and  the  corporation  hereby 
created  may  co-operate  with  any  other  societies  or  agencies 
under  the  charge  and  control  of  churches  of  the  Congrega- 
tional and  Christian  order  in  the  United  States. 

Section  3.  The  corporation  hereby  created  shall  have 
power  to  take  over,  carry  on  and/or  conduct  (a)  the  work 
or  any  part  of  the  work  now  or  heretofore  carried  on  by 
The  American  Missionary  Association,  a  corporation  existing 
under  the  laws  of  the  state  of  New  York  and  incorporated 
under  chapter  three  hundred  and  fifty-eight  of  the  laws  of 
eighteen  hundred  and  sixty-two,  as  amended  by  chapter 
seven  hundred  and  ninety-six  of  the  law^s  of  eighteen  hun- 
dred and  seventy-one,  chapter  fifty-two  of  the  laws  of  eight- 
een hundred  and  eighty-six,  chapter  three  hundred  and 
ninety-five  of  the  laws  of  eighteen  hundred  and  eighty-nine, 
chapter  three  hundred  and  forty-one  of  the  laws  of  nineteen 
hundred  and  seventeen,  (6)  the  work  or  any  part  of  the  work 
now  or  heretofore  carried  on  by  the  Congregational  Church 
Building  Society,  a  corporation  existing  under  the  laws  of 
the  state  of  New  York  and  incorporated  under  an  "Act 
for  the  Incorporation  of  Benevolent,  Charitable,  and  Mission- 
ary Societies"  —  April  twelfth,  eighteen  hundred  and  forty- 
eight,  whose  charter  was  amended  by  chapter  three  of  the 
laws  of  eighteen  hundred  and  seventy-one,  which  corpora- 
tion was  allowed  to  assume  its  name  at  present  used  by  an 
order  of  the  supreme  court  of  the  state  of  New  York,  entered 
on  the  ninth  day  of  May,  eighteen  hundred  and  ninety-two, 
(c)  the  work  or  any  part  of  the  work  now  or  heretofore  car- 
ried on  by  The  Congregational  Home  Missionary  Society,  a 
corporation  existing  under  the  laws  of  the  state  of  New  York 
and  incorporated  under  chapter  twenty-one  of  the  laws  of 
eighteen  hundred  and  seventy-one,  as  amended  by  chapter 
fifty-three  of  the  laws  of  eighteen  hundred  and  ninety,  chap- 


Acts,  1937. —Chap.  16G.  139 

ter  seventy-six  of  the  laws  of  eighteen  hundred  and  ninety- 
three,  chapter  four  hundred  and  ninety-eight  of  the  laws  of 
eighteen  hundred  and  ninety-six  and  chapter  four  hundred 
and  thirty-seven  of  the  laws  of  eighteen  hundred  and  ninety- 
nine,  (d)  the  work  or  any  part  of  the  work  now  or  heretofore 
carried  on  by  The  Congregational  Sunday  School  Extension 
Society,  a  corporation  existing  under  the  laws  of  the  state 
of  New  York  and  incorporated  under  the  Membership  Cor- 
porations Law  under  a  charter  bearing  date  December  nine- 
teenth, nineteen  hundred  and  seventeen,  (e)  the  work  or  any 
part  of  the  work  now  or  heretofore  carried  on  by  the  Con- 
gregational Education  Society,  a  corporation  existing  under 
the  laws  of  the  commonwealth  of  Massachusetts,  under 
chapter  sixty-one  of  the  acts  of  eighteen  hundred  and  six- 
teen, chapter  eighty-three  of  the  acts  of  eighteen  hundred 
and  nineteen,  chapter  two  hundred  and  eighty-five  of  the 
acts  of  eighteen  hundred  and  seventy-two,  chapter  fifty- 
eight  of  the  acts  of  eighteen  hundred  and  seventy-four, 
chapter  one  hundred  and  twenty  of  the  acts  of  eighteen 
hundred  and  ninety-three,  chapter  eighty-one  of  the  acts  of 
eighteen  hundred  and  ninety-four  and  chapter  one  hundred 
and  forty-three  of  the  acts  of  nineteen  hundred  and  seven, 
(/)  the  work  or  any  part  of  the  work  now  or  heretofore  car- 
ried on  by  the  Congregational  Publishing  Society,  a  cor- 
poration existing  under  the  laws  of  the  commonwealth  of 
Massachusetts  under  the  provisions  of  chapter  twenty-nine 
of  the  acts  of  eighteen  hundred  and  forty-one,  chapter 
seventy-eight  of  the  acts  of  eighteen  hundred  and  fifty, 
chapter  eight  of  the  acts  of  eighteen  hundred  and  fifty-four, 
chapter  thirty-one  of  the  acts  of  eighteen  hundred  and  fifty- 
seven,  chapter  forty-three  of  the  acts  of  eighteen  hundred 
and  SLxty-eight,  chapter  two  hundred  and  seventy-two  of 
the  acts  of  eighteen  hundred  and  seventy  and  chapter  nine- 
teen of  the  acts  of  eighteen  hundred  and  eighty-three,  (g) 
the  work  or  any  part  of  the  work  now  or  heretofore  carried 
on  by  The  Congregational  Board  of  Ministerial  Relief,  a 
corporation  incorporated  by  and  existing  under  the  laws  of 
the  general  assembly  of  the  state  of  Connecticut,  and  the 
laws  of  that  assembly  passed  at  the  session  in  January, 
eighteen  hundred  and  eighty-five,  which  charter  was  amended 
at  said  assembly  under  dates  of  May  twenty-fifth,  eighteen 
hundred  and  ninety-three,  March  twenty-seventh,  nineteen 
hundred  and  seven,  and  May  twenty-fourth,  nineteen  hun- 
dred and  thirty-three;  and,  if  said  General  Council  of  the 
Congregational  and  Christian  Churches,  or  a  successor  body, 
shall  hereafter  so  recommend,  may  take  over,  acquire  and 
become  possessed  of  and  invested  with  all,  or  any  part,  of 
the  property  and  assets  now  owned,  possessed,  held  and/or 
administered  by  the  said  The  American  Missionary  Asso- 
ciation, the  Congregational  Church  Building  Society,  The 
Congregational  Home  Missionary  Society,  The  Congrega- 
tional Sunday  School  Extension  Society,  the  Congregational 
Education  Society,  the  Congregational  Publishing  Society 


140  Acts,  1937. —Chap.  166. 

and  The  Congregational  Board  of  Ministerial  Relief,  ex- 
pressly subject  as  to  all  said  property  and  assets  of  the  said 
societies,  and  each  of  them,  and  as  to  each  and  every  part 
of  said  property  and  assets,  to  all  and  every  the  terms,  con- 
ditions, stipulations,  restrictions,  reservations  and  provisions, 
of  any  and  all  wills,  trusts,  gifts,  grants  and  contracts  re- 
lating to  or  in  anywise  affecting  the  property  and  assets, 
so  far  as  the  same  are  now,  or  may  become  subject  to  or 
affected  thereby,  which  shall  be  strictly  and  completely  ob- 
served, fulfilled,  discharged  and  complied  with  by  the  cor- 
poration hereby  created,  when  and  after,  and  from  time  to 
time  as,  it  shall  have  duly  acquired  and  become  possessed 
of  such  property  and  assets;  provided,  that  nothing  herein 
contained  shall  authorize  the  corporation  hereby  created 
to  engage  in  any  activity  not  embraced  within  the  objects 
of  said  corporation  as  set  out  in  section  two  of  this  act  or  to 
take  over  or  hold  any  property  for  any  purpose  not  within 
the  scope  of  said  objects.  Notwithstanding  such  convey- 
ances and  transfers  to  the  corporation  hereby  created  all 
and  singular  the  obligations  of  the  said  corporations  so 
conveying  their  property  shall  remain  in  full  force  and  the 
corporation  hereby  created  shall  be  liable  upon  all  contracts 
made  by  each  of  said  conveying  corporations  to  the  extent 
of  the  value  of  the  property  applicable  to  the  discharge  of 
its  obligations,  received  from  such  conveying  corporation. 

Section  4.  The  corporation  hereby  created  is  hereby 
authorized  to  accept  and  receive  the  assignment,  transfer, 
conveyance,  setting  over  and  dehvery  of  all  or  any  portion 
of  the  property,  estates  and  rights  of  any  and  every  descrip- 
tion held  or  enjoyed,  or  which  may  hereafter  be  held  or 
enjoyed  by  said  The  American  Missionary  Association,  the 
Congregational  Church  Building  Society,  The  Congrega- 
tional Home  Missionary  Society,  The  Congregational  Sun- 
day School  Extension  Society,  the  Congregational  Educa- 
tion Society,  the  Congregational  Publishing  Society  and 
The  Congregational  Board  of  Ministerial  Relief,  or  any  of 
said  corporations,  or  to  which  they  now  are  or  any  of  them 
now  is  or  they  or  any  of  them  may  hereafter  become  enti- 
tled, by  virtue  of  any  grant,  gift,  bequest  or  devise  or  other- 
wise, howsoever,  and  in  respect  of  any  and  all  such  property, 
estates  and  rights  if  and  when,  and  from  time  to  time  as, 
the  same  are  assigned,  transferred,  conveyed,  set  over  and 
dehvered  to  it  by  said  corporations  respectively,  shall  have, 
hold,  use  and  enjoy  the  same  corporate  powers,  franchises, 
and  privileges  as  those  which  in  respect  thereof  are  now 
held,  used  and  enjoyed  by  said  corporations  respectively; 
and  the  corporation  hereby  created  shall  have,  hold,  use 
and  enjoy  all  the  property,  estates  and  rights  which  may 
be  so  assigned,  transferred,  conveyed,  set  over  and  deliv- 
ered by  said  corporations  respectively  in  the  same  manner 
and  to  the  same  extent  as  such  last  mentioned  corporations 
might  respectively  have  done,  and  shall  be  entitled  to  re- 
ceive, sue  for  and  recover  all  legacies,   devises,  bequests, 


Acts,  1937.  —  Chap.  166.  .  141 

gifts,  and  property  which  have  heretofore  been  or  may  here- 
after be  made  or  given  to  said  corporations,  or  any  of  them, 
if  and  when,  and  from  time  to  time  as,  the  same  are  by 
them  respectively  so  assigned,  transferred,  conveyed,  set 
over  and  dehvered;  provided,  and  it  is  hereby  expressly 
declared,  that  the  corporation  hereby  created  shall  receive 
and  hold  said  property,  estates  and  rights,  legacies,  devises, 
bequests  and  gifts,  upon  the  same  respective  trusts,  and  for 
the  same  respective  uses  and  purposes  only,  as  the  same  are 
or  otherwise  would  be  held  by  the  respective  corporations 
by  which  the  same  may  be  so  assigned,  transferred,  con- 
veyed, set  over  and  dehvered  to  it;  and  provided,  further, 
that  nothing  herein  contained  shall  authorize  the  corpora- 
tion hereby  created  to  receive  or  hold  property  which  is 
subject  to  any  limitation  or  condition  not  consistent  with 
the  objects  of  said  corporation  as  set  out  in  said  section  two 
of  this  act. 

Section  5.  In  addition  to  the  properties  and  assets  of 
the  corporations,  other  than  the  corporation  hereby  created, 
mentioned  in  the  preceding  sections  of  this  act,  which  the 
corporation  hereby  created  is  hereby  authorized  and  em- 
powered to  acquire,  become  possessed  of  and  administer, 
the  corporation  hereby  created  shall  have  the  power  and 
authority  in  law  to  take,  receive,  accept,  purchase  or  other- 
wise acquire,  hold,  properly  administer  and  dispose  of  prop- 
erty, real  and/or  personal,  of  any  and  every  kind,  which  at 
any  time  and  from  time  to  time  may  be  given,  devised,  be- 
queathed, conveyed,  sold,  transferred,  assigned,  set  over  or 
dehvered  to  it  in  connection  with,  or  for,  or  in  furtherance 
of,  the  purposes  and  objects  to  be  served  and  accompHshed 
by  its  creation  or  any  of  them,  in  so  far  as  the  same  may  be 
properly  asserted  and  exercised  by  it,  and  may  not  be  in- 
consistent with  the  constitution  and  laws  of  the  common- 
wealth of  Massachusetts,  and  in  accordance  with  the  terms, 
conditions,  stipulations,  restrictions,  reservations  and  provi- 
sions of  any  and  all  wills,  trusts,  gifts,  grants  and  contracts, 
relating  to  or  affecting  any  of  the  properties,  real  or  per- 
sonal, of  which  it  may  become  possessed. 

Section  6.  Persons  other  than  those  named  in  section 
one  of  this  act  may  be  admitted  to  membership  in  the  cor- 
poration hereby  created,  either  in  addition  to  the  persons 
so  named  or  in  succession  to  them,  in  such  manner  and  upon 
such  conditions  as  its  by-laws  may  prescribe.  Its  business 
and  affairs  shall  be  managed  and  conducted  by  a  board  of 
directors,  hereinafter  referred  to  as  the  board,  consisting  of 
forty  members  of  said  corporation.  Until  their  successors 
are  elected  in  such  manner  as  may  be  prescribed  by  the  by- 
laws, the  persons  named  in  said  section  one  shall  constitute 
the  board. 

Section  7.  The  board  may  annually  elect  from  its  mem- 
bers an  executive  committee  of  not  less  than  fifteen.  Said 
executive  committee  shall  possess  and  exercise  all  such  pow- 
ers and  functions  of  the  board  as  shall  be  from  time  to  time 


142  Acts,  1937.  —  Chaps.  167,  168. 

delegated  to  it  b}'  the  board.  The  work  of  the  board  shall 
be  conducted  by  and  through  such  organization,  with  such 
administrative  officers,  who  need  not  be  members  of  the 
board,  as  the  board  may  from  time  to  time  provide.  The 
board  shall  meet  at  least  annually  at  such  place,  within  or 
without  the  commonwealth  of  Massachusetts,  as  it  may 
determine. 

Section  8.  The  corporation  hereby  created  may  hold 
real  and  personal  estate  in  any  amount,  which  estate  or  its 
income  shall  be  devoted  to  the  purposes  set  forth  in  this 
act,  or  in  any  amendment  thereof. 

Section  9.  The  principal  office  of  the  corporation  hereby 
created  shall  be  at  the  city  of  Boston,  but  its  annual  or 
special  meetings  may  be  held  within  or  without  the  com- 
monwealth of  Massachusetts.         Approved  April  6,  1937. 

Chap. 1^1  An  Act  relative  to  the  hunting  of  quail  in  nantucket 

COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'  13^1  85       Section  eighty-five  of  chapter  one  hundred  and  thirty-one 
etc., 'amended. '  of  the  General  Laws,  as  most  recently  amended  by  chapter 
thirteen  of  the  acts  of  nineteen  hundred  and  thirty-five,  is 
hereby  further  amended  by  striking  out,  in  the  sixth  fine,  the 
words  "Hampden,  Hampshire  or  Nantucket"  and  insert- 
ing in  place  thereof  the  following :  —  Hampden  or  Hamp- 
ciose season      shire,  —  SO  as  to  read  as  follows:  —  Section  85.    Except  as 
on  quail.  providcd  in  section  seventy-eight,  no  person,  except  between 

the  twentieth  of  October  and  the  twentieth  of  November, 
both  inclusive,  shall  hunt  a  quail,  nor  shall  any  person  hunt 
a  quail  at  any  time  in  Berkshire,  Essex,  Franklin,  Hampden 
or  Hampshire  county.  Approved  April  6,  1937. 

Chap. IQS  An  Act  providing  a  penalty  for  theft  of  fish  or  lob- 
sters WHILE  IN  STORAGE  AND  INCREASING  THE  PENALTY 
FOR  CERTAIN  OTHER  THEFTS  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Ed^,'  i30^§  23,      Section  twenty- three  of  chapter  one  hundred  and  thirty 

etc.. 'amended. '  of  the  General  Laws,  as  appearing  in  section  two  of  chapter 
three  hundred  and  twenty-nine  of  the  acts  of  nineteen  hun- 
dred and  thirty-three,  is  hereby  amended  by  inserting  after 
the  word  "lobsters"  in  the  second  line  the  words:  —  or 
from  any  contrivance  used  for  the  purpose  of  storing  fish  or 
lobsters,  —  by  striking  out,  in  the  fourth  fine,  the  words 
"or  seine"  and  inserting  in  place  thereof  the  words:  — ,  seine 
or  other  contrivance,  —  by  striking  out,  in  the  fifth  line,  the 
word  "twenty"  and  inserting  in  place  thereof  the  words:  — 
one  hundred,  —  and  by  striking  out,  in  the  sixth  fine,  the 
word  "fifty"  and  inserting  in  place  thereof  the  words:  — 

TakSg^fh'        three  hundred,  —  so  as  to  read  as  follows :  —  Section  23. 

etc.,  from  traps.  Whocvcr  takes  any  fish  or  lobster  from  a  trap,  trawl  or  seine 
set  for  catching  fish  or  lobsters  or  from  any  contrivance  used 


Acts,  1937. —Chap.  169.  143 

for  the  purpose  of  storing  fish  or  lobsters,  without  the  con- 
sent of  the  owner  thereof,  and  whoever  wilfully  molests  or 
interferes  with  such  trap,  trawl,  seine  or  other  contrivance, 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  three  hundred  dollars  or  by  imprisonment  for 
two  months,  or  both.  Approved  April  6,  1937, 

An  Act  authorizing  the  centerville-osterville  fire  (J}iny  ;[A9 

DISTRICT    TO    SUPPLY    ITSELF   AND    ITS    INHABITANTS    WITH  ^  ' 

WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Centerville-Osterville  Fire  District  in 
the  town  of  Barnstable  may  supply  itself  and  its  inhabit- 
ants with  water  for  the  extinguishment  of  fires  and  for  do- 
mestic and  other  purposes;  may  estabHsh  fountains  and 
hydrants,  relocate  or  discontinue  the  same,  and  may  regulate 
the  use  of  such  water  and  fix  and  collect  rates  to  be  paid  for 
the  use  of  the  same. 

Section  2.  For  the  purposes  aforesaid,  said  district, 
acting  by  and  through  its  board  of  water  commissioners 
hereinafter  provided  for,  may  contract  with  any  municipal- 
ity, acting  through  its  water  department,  or  with  any  water 
company,  or  with  any  water  district,  for  whatever  water 
may  be  required,  authority  to  furnish  the  same  being  hereby 
granted,  and  may  take  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws,  or  acquire  by  lease,  pur- 
chase or  otherwise,  and  hold,  the  waters,  or  any  portion 
thereof,  of  any  pond,  spring  or  stream,  or  of  any  ground 
sources,  by  means  of  driven,  artesian  or  other  wells,  or  filter 
galleries,  within  the  Hmits  of  said  district,  not  already  ap- 
propriated for  purposes  of  public  water  supply,  and  the 
water  rights  connected  with  any  such  water  sources;  and 
also  for  said  purposes  may  take  as  aforesaid,  or  acquire  by 
purchase  or  otherwise,  and  hold,  all  lands,  rights  of  way  and 
other  easements  necessary  for  collecting,  storing,  holding, 
purifjdng  and  treating  such  water  and  protecting  and  pre- 
serving the  purity  thereof  and  for  conveying  the  same  to 
any  part  of  said  district;  provided,  that  no  source  of  water 
supply  and  no  lands  necessary  for  protecting  and  preserving 
the  purity  of  the  water  shall  be  taken  or  used  without  first 
obtaining  the  advice  and  approval  of  the  state  department 
of  public  health,  and  that  the  location  and  arrangement  of 
all  dams,  reservoirs,  wells  or  filter  galleries,  filtration  and 
pumping  plants  or  other  works  necessary  in  carrying  out  the 
provisions  of  this  act  shall  be  subject  to  the  approval  of  said 
department.  Said  cUstrict  may  construct  and  maintain  on 
the  lands  acquired  and  held  under  this  act  proper  dams, 
wells,  reservoirs,  pumping  plants,  buildings,  standpipes, 
tanks,  fixtures  and  other  structures,  including  also  the  estab- 
lishment and  maintenance  of  filter  beds  and  purification 
works  or  systems  which  shall  be  subject  to  the  approval  of 
said  department  of  public  health,  and  may  make  excavations, 


144  Acts,  1937. —Chap.  169. 

procure  and  operate  machinery  and  provide  such  other 
means  and  appliances,  and  do  such  other  things  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  effective  water  works;  and  for  that  purpose  may 
construct  pipe  hnes,  wells  and  reservoirs  and  establish  pump- 
ing works,  and  may  construct,  lay,  acquire  and  maintain 
aqueducts,  conduits,  pipes  and  other  works  under  or  over 
any  land,  water  courses,  railroads,  railways,  and  public  or 
other  ways,  and  along  such  ways  in  said  district  in  such 
manner  as  not  unnecessarily  to  obstruct  the  same;  and  for 
the  purposes  of  constructing,  laying,  maintaining,  operating 
and  repairing  such  aqueducts,  conduits,  pipes  and  other 
works,  and  for  all  proper  purposes  of  this  act,  said  district 
may  dig  up  or  raise  and  embank  any  such  lands,  highways 
or  other  ways  in  such  manner  as  to  cause  the  least  hindrance 
to  public  travel  on  such  ways;  provided,  that  all  things  done 
upon  any  such  way  shall  be  subject  to  the  direction  of  the 
selectmen  of  the  town  of  Barnstable.  Said  district  may 
enter  upon  any  lands  for  the  purpose  of  making  surveys,  test 
pits  and  borings,  and  may  take  or  otherwise  acquire  the 
right  to  occupy  temporarily  any  lands  necessary  for  the  con- 
struction of  any  work  or  for  any  other  purpose  authorized 
by  this  act. 

Section  2A.  If  said  Centerville-Osterville  Fire  District 
at  any  time,  without  the  written  assent  and  agreement  of 
the  Barnstable  Water  Company,  lays,  installs  or  uses  water 
pipes  or  mains  for  supplying  water  anywhere  within  one 
thousand  feet  of  any  water  pipes  or  mains  then  actually 
laid,  installed  or  used  by  said  Barnstable  Water  Company, 
for  supplying  water  within  that  portion  of  said  district  that 
lies  east  and  north  of  Bump's  river,  then  in  such  event  said 
district  shall  thereupon  take  over  and  acquire  by  purchase 
or  by  the  exercise  of  the  right  of  eminent  domain  all  the 
water  pipes,  mains  and  other  structures,  easements  and 
property  of  said  Barnstable  Water  Company  laid,  con- 
structed, owned  and  maintained  within  the  limits  of  said 
district,  and  shall  pay  for  the  same  the  actual  cost  thereof 
to  the  said  company  plus  the  amount,  if  any,  by  which  the 
said  company  has  failed  to  earn  a  net  return  on  such  actual 
cost  at  the  rate  of  five  per  cent  per  annum  from  March  first, 
nineteen  hundred  and  thirty-seven,  to  the  date  of  such 
purchase  or  taking,  computed  and  based  upon  a  proper  and 
equitable  allocation  of  revenue  and  earnings  of  the  said 
company.  In  case  said  district  and  said  company  shall  be 
unable  to  agree  upon  the  actual  cost  of  said  property,  the 
amount  shall  be  determined  upon  application  of  either  part}'", 
in  the  manner  provided  in  section  twelve  of  chapter  two 
hundred  and  eighty-six  of  the  acts  of  nineteen  hundred  and 
eleven,  and  acts  in  addition  thereto  and  in  amendment 
thereof.  Interest  at  the  rate  of  six  per  cent  shall  be  in- 
cluded in  any  award  from  the  date  of  the  taking  or  purchase. 

Section  3.  The  land,  water  rights  and  other  property 
taken  or  acquired  under  this  act,  and  all  works,  buildings 


Acts,  1937. —Chap.  169.  145 

and  other  structures  erected  or  constructed  thereunder, 
shall  be  managed,  improved  and  controlled  by  the  board 
of  water  commissioners  hereinafter  provided  for,  in  such 
manner  as  they  shall  deem  for  the  best  interest  of  the 
district. 

Section  4.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  thereof  may  recover  such  damages  from 
said  district  under  said  chapter  seventy-nine,  but  the  right 
to  damages  for  the  taking  of  any  water,  water  source  or 
water  right,  or  for  any  injury  thereto,  shall  not  vest  until 
the  water  is  actually  withdrawn  or  diverted  by  said  district 
under  authority  of  this  act. 

Section  5.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  liabilities  incurred  or  to  be  incurred  for  the  sys- 
tem of  water  supply  under  the  provisions  of  this  act,  other 
than  expenses  of  maintenance  and  operation,  said  district 
may  borrow  from  time  to  time  such  sums  as  may  be  neces- 
sary, not  exceeding,  in  the  aggregate,  five  hundred  thousand 
dollars,  and  may  issue  bonds  or  notes  therefor,  which  shall 
bear  on  their  face  the  words,  Centerville-Osterville  Fire 
District  Water  Loan,  Act  of  1937.  Each  authorized  issue 
shall  constitute  a  separate  loan,  and  such  loans  shall  be  pay- 
able in  not  more  than  tljirty  years  from  their  dates.  In- 
debtedness incurred  under  this  act  shall  be  subject  to  the 
provisions  of  chapter  forty-four  of  the  General  Laws  per- 
taining to  such  districts. 

Section  6.  Said  district  shall,  at  the  time  of  authoriz- 
ing said  loan  or  loans,  provide  for  the  payment  thereof  in 
accordance  with  the  provisions  of  section  five;  and  when  a 
vote  to  that  effect  has  been  passed  a  sum  which,  with  the 
income  derived  from  the  water  rates,  will  be  sufficient  to 
pay  the  annual  expense  of  operating  its  water  works  or  the 
purchasing  of  water,  as  the  case  may  be,  and  the  mainte- 
nance of  its  pipe  lines,  and  the  interest  as  it  accrues  on  the 
bonds  or  notes  issued  as  aforesaid,  and  to  make  such  pay- 
ments on  the  principal  as  may  be  required  under  this  act, 
shall  without  further  vote  be  assessed  upon  said  district  by 
the  assessors  of  the  town  of  Barnstable  annually  thereafter 
in  the  same  manner  as  other  taxes,  until  the  debt  incurred 
by  the  said  loan  or  loans  is  extinguished. 

Section  7.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  water  obtained  or  suppUed  under  this 
act,  or  wilfully  or  wantonly  injures  any  dam,  well,  reser- 
voir, pumping  or  filtration  plant,  building,  standpipe,  tank, 
fixture  or  other  structure,  or  other  property  owned,  held  or 
used  by  said  district  under  authority  and  for  the  purposes 
of  this  act,  shall  forfeit  and  pay  to  said  district  three  times 
the  amount  of  damages  assessed  therefor,  to  be  recovered 
in  an  action  of  tort,  and  upon  con\action  of  any  one  of  the 
above  wilful  or  wanton  acts  shall  be  punished  by  a  fine  of 
not  more  than  three  hundred  dollars  or  by  imprisonment 
for  not  more  than  one  year. 


146  Acts,  1937. —Chap.  169. 

Section  8.  Said  district  shall,  after  its  acceptance  of 
this  act,  either  at  the  same  meeting  at  which  it  is  accepted 
or  at  a  meeting  thereafter  called  for  the  purpose,  elect  by- 
ballot  three  persons  to  hold  office,  one  until  the  expiration 
of  three  years,  one  until  the  expiration  of  two  years,  and 
one  until  the  expiration  of  one  year,  from  the  date  of  the 
next  succeeding  annual  district  meeting,  to  constitute  a 
board  of  water  commissioners;  and  at  every  annual  dis- 
trict meeting  subsequent  to  such  next  succeeding  annual 
district  meeting  one  such  commissioner  shall  be  elected  by 
ballot  for  the  term  of  three  years.  All  the  authority  granted 
to  said  district  by  this  act,  except  sections  five  and  six  and 
not  otherwise  specifically  provided  for,  shall  be  vested  in 
said  board  of  water  commissioners,  who  shall  be  subject, 
however,  to  such  instructions,  rules  and  regulations  as  said 
district  may  impose  by  its  vote.  A  majority  of  said  com- 
missioners shall  constitute  a  quorum  for  the  transaction  of 
business.  Any  vacancy  occurring  in  said  board  from  any 
cause  may  be  filled  for  the  remainder  of  the  unexpired  term 
by  said  district  at  any  annual  or  special  meeting  called  for 
the  purpose.  Any  such  vacancy  may  be  filled  temporarily 
in  the  manner  provided  by  section  eleven  of  chapter  forty- 
one  of  the  General  Laws,  and  the  person  so  appointed  shall 
perform  the  duties  of  the  office  until  the  next  annual  meet- 
ing of  said  district  or  until  another  person  is  quafified. 

Section  9.  Said  commissioners  shall  fix  just  and  equi- 
table prices  and  rates  for  the  use  of  water,  and  shall  pre- 
scribe the  time  and  manner  of  payment.  The  income  of 
the  water  works  shall  be  appropriated  to  defray  all  operat- 
ing expenses,  interest,  charges  and  payments  on  the  princi- 
pal as  they  shall  accrue  upon  any  bonds  or  notes  issued 
under  authority  of  tliis  act.  If  there  should  be  a  net  sur- 
plus remaining  after  providing  for  the  aforesaid  charges  it 
may  be  appropriated  for  such  new  construction  as  the  water 
commissioners,  with  the  approval  of  the  district,  may  deter- 
mine upon,  and  in  case  a  surplus  should  remain  after  pay- 
ment for  such  new  construction  the  water  rates  shall  be 
reduced  proportionately.  All  authority  vested  in  said  com- 
missioners by  the  foregoing  provisions  of  this  section  shall 
be  subject  to  the  provisions  of  section  eight.  Said  commis- 
sioners shall  annually,  and  as  often  as  said  district  may 
require,  render  a  report  upon  the  condition  of  the  works 
under  their  charge  and  an  account  of  their  doings,  including 
an  account  of  receipts  and  expenditures. 

Section  10.  No  money  shall  be  drawn  from  the  treas- 
ury of  said  district  to  pay  any  expense,  or  to  discharge  any 
Hability  incurred  on  account,  of  its  system  of  water  supply 
unless  and  until  such  payment  is  approved  in  writing  by  a 
majority  of  the  board  of  water  commissioners  and  by  a 
majority  of  the  prudential  committee  of  said  district. 

Section  11.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  said  Cen- 
terville-Osterville  Fire  District  present  and  voting  thereon 


Acts,  1937. —Chaps.  170,  171.  147 

at  a  district  meeting  called  for  the  purpose  within  three 
years  after  its  passage;  but  the  number  of  meetings  so 
called  in  any  one  year  shall  not  exceed  three. 

Approved  April  6,  1937. 

An  Act  relative  to  payment  of  dividends  on  deposits  in  Qhav  170 

CLOSED  BANKS  TO  CERTAIN  MINORS  AND  TO  NEXT  OF  KIN      ^' 
OF  CERTAIN  DECEASED  PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  sixty-seven  of  the  General  Laws  g.  l.  (Ten 
is  hereby  amended  by  striking  out  section  thirty-one  A,  I'siX^etc 
inserted  by  chapter  two  hundred  and  seventy-seven  of  the  amended. " 
acts  of  nineteen  hundred  and  thirty-three,  and  inserting  in 
place  thereof  the  following:  —  Section  31  A.     In  the  case  of  Commissioner 

J  .,..,°  -  .  ,.  ,  of  banks  may 

a  deposit  standmg  in  the  name  oi  a  minor  having  no  known  pay  dividends 
guardian,  the  commissioner,  in  his  discretion  if  the  amount  CT dose'd'banka 
of  the  deposit  does  not  exceed  five  hundred  dollars,  or  with  *"  certain 
the  approval  of  the  supreme  judicial  court  for  the  county 
in  which  the  principal  office  of  the  bank  involved  was  situ- 
ated, whether  or  not  the  amount  of  the  deposit  exceeds  five 
hundred  dollars,  may  make  any  dividend  payment,  payable 
under  section  thirty-one  on  account  of  such  deposit,  to  such 
minor  or  either  of  his  parents,  and  in  either  case  such  pay- 
ment shall  be  a  valid  discharge  to  the  same  extent  as  if  made 
to  the  legal  representative  of  such  minor.  In  the  case  of  a 
deposit  standing  in  the  name  of  a  decedent  after  whose  death 
sixty  days  have  elapsed,  if  no  petition  for  the  allowance  of 
his  will  or  for  the  administration  of  his  estate  has  been  filed, 
the  commissioner,  in  his  discretion  if  the  amount  of  the  de- 
posit does  not  exceed  five  hundred  dollars,  may  make  any 
dividend  payment,  payable  under  said  section  thirtj'^-one  on 
account  of  such  deposit,  to  the  person  or  persons  whom  he 
finds  entitled  thereto,  or  the  commissioner,  with  the  approval 
of  the  supreme  judicial  court  for  the  county  in  which  the 
principal  oflace  of  the  bank  involved  was  situated,  whether 
or  not  the  amount  of  the  deposit  exceeds  five  hundred  dollars, 
may  make  any  dividend  payment,  payable  under  said  sec- 
tion thirtj^-one  on  account  of  such  deposit,  to  the  person  or 
persons  whom  the  court  finds  entitled  thereto,  and  in  either 
case  such  payment  shall  be  a  valid  discharge  to  the  same 
extent  as  if  made  to  the  legal  representative  of  the  decedent. 

Approved  April  6,  1937. 

An  Act  providing  for  the  funding  by  the  city  of  new  QJiaj)  171 

BEDFORD   OF   TAX   ABATEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  New  Bedford,  for  the  purposes 
set  forth  in  section  two  of  this  act,  may  issue  from  time  to 
time  bonds  or  notes  to  an  amount  not  exceeding,  in  the  ag- 
gregate, four  hundred  thousand  dollars,  which  shall  bear  on 


148  Acts,  1937. —Chaps.  172,  173. 

their  face  the  words,  City  of  New  Bedford  Tax  Funding 
Loan,  Act  of  1937.  Each  authorized  issue  shall  constitute 
a  separate  loan,  and  such  loans  shall  be  payable  in  not  more 
than  five  years  from  their  dates.  Indebtedness  incurred 
under  this  act  shall  be  in  excess  of  the  statutory  limit,  but 
shall,  except  as  herein  provided,  be  subject  to  chapter  forty- 
four  of  the  General  Laws,  exclusive  of  the  limitation  con- 
tained in  the  first  paragraph  of  section  seven  thereof. 

Section  2.  The  amounts  borrowed  under  authority  of 
this  act  shall  be  used  only  for  the  purpose  of  meeting  so 
much  of  the  abatements,  made  and  to  be  made,  of  taxes 
which  were  assessed  in  the  years  nineteen  hundred  and 
twenty-nine  to  nineteen  hundred  and  thirty-five,  inclusive, 
as  is  in  excess  of  the  amounts  of  the  overlaj^s  provided  for 
such  abatements.  Approved  April  6,  1937. 

Chap. 172  An   Act  relative  to   the   hunting   or   possession   of 

RABBITS   IN  NANTUCKET  COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'  iJr's  94  Section  ninety-four  of  chapter  one  hundred  and  thirty- 
etc!, 'amended. '  ouc  of  the  General  Laws,  as  amended  by  chapter  one  hun- 
dred and  eighty-three  of  the  acts  of  nineteen  hundred  and 
thirty-four,  is  hereby  further  amended  by  inserting  after  the 
word  "rabbits",  the  third  time  such  word  occurs  in  the 
eleventh  line,  the  following:  —  ,  or  in  Nantucket  county 
S"harM ■  ^'^ "  ^^0^6  than  two  rabbits,  —  so  as  to  read  as  follows:  —  Sec- 
and  rabbits.  tiou  9Jf.  No  pcrsou.  Otherwise  than  as  provided  in  section 
regulated.  niucty-six,  shall  hunt  or  have  in  possession  the  carcass  of  a 
hare  or  rabbit,  except  between  November  twentieth  and  the 
last  day  of  February,  both  inclusive,  in  Nantucket  county, 
or  between  November  fifteenth  and  February  fifteenth,  both 
inclusive,  in  Dukes  county,  or  between  October  twentieth 
and  February  fifteenth,  both  inclusive,  in  any  other  county, 
or  during  such  open  seasons  kill  or  have  in  possession  the 
carcasses  of  more  than  two  northern  varying  hares,  other- 
wise known  as  Canada  hares,  snow-shoe  rabbits  or  white  rab- 
bits, or  more  than  five  rabbits,  or  in  Nantucket  county  more 
than  two  rabbits,  in  any  one  day.  This  section  shall  not 
apply  to  European  hares  in  the  county  of  Berkshire,  which 
may  be  taken  or  killed  at  any  time. 

Approved  April  7,  1987. 

Chap. 173  An  Act  providing  for  the  construction  of  an  under- 
pass IN  COMMONWEALTH  AVENUE  AT  OR  NEAR  ITS  INTER- 
SECTION WITH  MASSACHUSETTS  AVENUE  IN  THE  CITY  OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Subject  to  the  provisions  contained  in  sec- 
tion five  of  this  act,  the  city  of  Boston,  hereinafter  called 
the  city,  acting  through  the  transit  department  of  said  city, 


Acts,  1937. —Chap.  173.  149 

hereinafter  called  the  department,  is  hereby  authorized  to 
construct  an  underpass  for  vehicular  traffic  in  Common- 
wealth avenue  at  or  near  its  intersection  with  Massachu- 
setts avenue  in  said  city,  with  such  connecting  roadways 
and  alterations  to  existing  roadways  and  parkways  in  said 
city  as  the  department  may  deem  necessary,  and  to  make 
necessary  alterations  to  street  railway  tracks. 

Section  2.  For  the  purpose  of  carrying  out  the  provi- 
sions of  this  act,  the  department  may  use  public  lands, 
ways  and  parkways  without  compensation  therefor,  and  may 
take  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws,  or  acquire  by  purchase  or  otherwise,  for  and 
on  behalf  of  the  city,  lands  in  fee,  and  easements,  estates 
and  rights  in  land;  and  such  taking  in  fee  or  otherwise  may 
be  made  whether  the  lands  taken  or  otherwise  affected  are 
held  under  or  by  title  derived  through  eminent  domain  or 
otherwise,  and  may  be  made  for  the  purpose  of  providing 
locations  for  pipes,  wires,  conduits  and  other  structures,  the 
relocation  of  which  is  made  necessary  or  expedient  by  the 
construction  of  the  underpass  authorized  by  this  act.  Any 
person  sustaining  damage  by  reason  of  property  or  rights 
in  property  taken  under  authority  of  this  act,  except  public 
lands,  ways  or  parkways  which  may  be  taken  and  used 
without  compensation  as  hereinbefore  provided,  shall  be 
entitled  to  recover  therefor  from  the  city  under  said  chap- 
ter seventy-nine.  The  members  of  the  department  shall  not 
be  Hable  personally  for  any  such  damage. 

Section  3.  To  meet  the  cost  to  the  city  of  the  under- 
pass, which  shall  include  all  expenses  of  the  city  incurred  in 
constructing  the  same  and  all  connecting  roadways,  and  al- 
terations to  existing  parkways  and  roadways,  and  all  land 
damages,  expenses  of  the  department,  such  proportions  of 
the  salaries  of  the  department  as  may,  in  its  opinion,  be 
properly  chargeable  thereto  and  all  interest  on  money  bor- 
rowed for  the  purposes  of  this  act  accruing  prior  to  the  use 
of  the  said  underpass,  the  treasurer  of  said  city,  with  the 
approval  of  the  mayor  of  said  city,  may,  from  time  to  time, 
issue  and  sell  at  public  or  private  sale  bonds  of  the  city  to 
an  amount  sufficient  to  provide  funds  for  the  payment 
of  said  cost  but  not  exceeding  the  sum  of  two  hundred  thou- 
sand dollars,  which  bonds  shall  bear  on  their  face  the  words, 
City  of  Boston,  Commonwealth  Avenue  Underpass  Loan, 
Act  of  1937.  Each  authorized  issue  shall  constitute  a  sep- 
arate loan,  and  such  loans  shall  be  payable  in  not  more 
than  ten  years  from  their  dates.  Indebtedness  incurred 
hereunder  shall  be  outside  the  statutory  limit  of  indebted- 
ness and  shall,  except  as  herein  provided,  be  subject  to 
the  provisions,  appHcable  to  the  city  of  Boston,  of  chapter 
forty-four  of  the  General  Laws,  as  amended,  exclusive  of 
the  limitation  contained  in  the  first  paragraph  of  section 
seven  thereof. 

Section  4.  The  department  may  order  the  temporary 
removal  or  relocation  of  any  surface  tracks,  and  the  tempo- 


150  Acts,  1937. — Chap.  174. 

rary  or  permanent  removal  or  relocation  of  any  conduits, 
pipes,  wires,  poles,  or  other  property  located  in  public  ways 
or  places,  which  it  deems  to  interfere  with  the  laying-out 
or  construction  of  the  underpass  authorized  by  this  act,  and 
shall  grant  new  locations  for  any  such  structures  so  removed 
or  relocated.  Such  orders,  to  the  extent  specified  therein, 
shall  be  deemed  a  revocation  of  the  right  or  license  to  main- 
tain such  tracks,  conduits,  pipes,  wires,  poles  or  other  prop- 
erty in  such  public  wa.ys  or  places,  and  the  owner  of  any 
such  structures  in  pubhc  ways  or  lands  shall  comply  with 
such  orders  without  expense  to  the  city.  If  any  owner  shall 
fail  to  comply  with  the  order  of  the  department  within  a 
reasonable  time,  to  be  fixed  in  the  order,  the  department 
may  discontinue  and  remove  such  tracks,  conduits,  pipes, 
wires,  poles  or  other  property,  and  may  relocate  the  same, 
and  the  cost  of  such  discontinuance,  removal  or  relocation 
shall  be  repaid  to  the  city  by  the  owner.  No  such  dis- 
continuance, removal  or  relocation  shall  entitle  the  owner 
of  the  property  thus  affected  to  any  damages  on  account 
thereof.  Any  gas  or  electric  lighting  company  shall  shut  off 
the  gas  or  current  from  any  pipes  or  wires  affected  by  any 
acts  done  hereunder,  so  far  and  for  such  time  as  may  be 
necessary  to  prevent  the  escape  or  explosion  of  gas,  or  other 
public  danger.  Said  underpass,  when  completed,  shall  be 
under  the  control  of  the  park  department  of  said  city. 

Section  5.  This  act  shall  take  effect  only  upon  its  ac- 
ceptance by  the  city  council  of  the  city  of  Boston  subject  to 
the  provisions  of  the  charter  of  said  city  and  upon  approval 
by  the  proper  federal  authorities  of  a  works  progress  admin- 
istration project  for  the  construction  of  the  underpass  hereby 
authorized  or  the  making  or  approval  of  an  allotment,  allo- 
cation or  grant  of  federal  funds  therefor  under  the  joint 
resolution  of  Congress,  known  as  the  emergency  relief  ap- 
propriation act  of  1935,  or  under  any  act  or  joint  resolution 
of  Congress  enacted  during  nineteen  hundred  and  thirty- 
six  or  nineteen  hundred  and  thirtj^-seven,  authorizing  the 
expenditure  or  use  of  federal  money  for  pubhc  projects; 
pro\'ided,  that  such  allotment,  allocation  or  grant  of  federal 
funds  is  of  an  amount  approved  by  said  mayor. 

Approved  April  7,  1937. 


Chap. 17 4:  An  Act  providing  for  the  elimination  of  the   time 

LIMIT    ON    CONSOLIDATING    CO-OPERATIVE    BANKS. 

Be  it  enacted,  etc.,  as  follows: 

EdV'  iTo'^s  50  Section  fifty  of  chapter  one  hundred  and  seventy  of  the 
etc.'ameAded. '  General  Laws,  as  most  recently  amended  by  chapter  fifty- 
four  of  the  acts  of  nineteen  hundred  and  thirty-five,  is 
hereby  further  amended  by  striking  out,  in  the  first  and 
second  fines,  the  words  "At  any  time  prior  to  June  first, 
nineteen  hundred  and  thirty-seven,  any"  and  inserting  in 


Acts,  1937. —Chap.  175.  151 

place  thereof  the  word :  —  Any,  —  so  that  the  first  para- 
graph will  read  as  follows:  —  Any  two  or  more  such  cor-  consolidation 
porations  may  consohdate  into  a  single  corporation,  upon  j^^^iXs"^^"^^*^'^^ 
such  terms  as  shall  have  been  agreed  upon  by  vote  of  two 
thirds  of  the  board  of  directors  of  each  corporation  and  as 
shall  have  been  approved  in  writing  by  the  commissioner, 
provided  such  action  is  approved  at  a  special  meeting  of  the 
shareholders  of  each  corporation  called  for  that  purpose,  by 
a  vote  of  at  least  two  thirds  of  those  shareholders  present, 
quaUfied  to  vote,  and  voting.  Notice  of  such  special  meet- 
ing, setting  forth  the  terms  agreed  upon,  shall  be  sent  by 
the  clerk  of  each  corporation  to  each  shareholder  thereof  by 
mail,  postage  prepaid,  at  least  thirty  days  before  the  date 
of  the  meeting.  Notice  of  the  meeting  shall  also  be  adver- 
tised three  times  in  one  or  more  newspapers  published  in 
each  town  in  which  the  main  office  of  any  of  said  corpora- 
tions is  situated,  and  if  there  be  no  such  newspaper,  then 
in  a  newspaper  published  in  the  county  where  the  town  is 
situated,  the  last  pubUcation  to  be  at  least  one  day  before 
the  meeting.  A  certificate  under  the  hands  of  the  presi- 
dents and  clerks  of  all  such  corporations,  setting  forth  that 
each  of  said  corporations  has  comphed  with  all  the  require- 
ments of  this  section,  shall  be  submitted  to  the  commissioner, 
who,  if  he  shall  approve  such  consoHdation,  shall  endorse  his 
approval  upon  such  certificate,  and  thereupon  such  consoh- 
dation  shall  become  effective.  Upon  consolidation  of  any 
such  corporation  with  another,  as  herein  provided: 

Approved  April  7,  1937. 

An  Act  authorizing  the  trustees  of  the  massachu-  Chap. VI ^ 

SETTS  hospital  SCHOOL  TO  CONVEY  CERTAIN  LAND  IN  THE 
TOWN   OF   CANTON. 

Be  it  enacted,  etc.,  as  follows: 

The  trustees  of  the  Massachusetts  Hospital  School,  on 
behalf  of  the  commonwealth,  are  hereby  authorized  and 
directed  to  convey  by  a  sufficient  deed,  approved  as  to  its 
form  by  the  attorney  general,  to  Edward  B.  and  Charles  V. 
Reynolds  of  Canton,  in  consideration  of  one  dollar,  a  cer- 
tain parcel  of  land  in  the  town  of  Canton  shown  on  a  plan 
on  file  in  the  office  of  the  county  engineer  of  Norfolk  county, 
entitled  "Plan  of  Land  in  Canton,  IMass.  Oct.  24,  1933. 
Hartley  L.  White,  County  Engineer.  Scale  1  inch  =  80  feet.", 
being  located  on  the  northwesterly  side  of  the  new  location 
of  Randolph  street  in  said  town  and  containing  approxi- 
mately four  thousand  nine  hundred  square  feet  of  land,  in 
exchange  for  certain  land  to  be  conveyed  by  deed  to  the 
commonwealth,  for  purposes  of  such  school,  by  said  Ed- 
ward B.  and  Charles  V.  Reynolds,  shown  on  said  plan, 
containing  approximately  two  thousand  one  hundred  square 
feet  of  land  and  located  on  the  southeasterly  side  of  the  line 
of  said  new  location  of  Randolph  street. 


152  Acts,  1937. —Chaps.  176,  177. 

Said  trustees,  on  behalf  of  the  commonwealth,  are  hereby- 
further  authorized  and  directed,  in  consideration  of  one  dol- 
lar, to  convey  by  a  sufficient  deed,  approved- as  to  its  form 
by  the  attorney  general,  to  the  town  of  Canton,  for  highway 
purposes  in  connection  with  the  new  location  of  Randolph 
street  in  said  town,  so  much  of  the  land  of  the  common- 
wealth not  within  the  present  location  of  said  Randolph 
street  as  is  included  within  the  lines  of  the  new  loca- 
tion of  said  Randolph  street  as  shown  on  a  plan  on  file  in 
the  office  of  said  county  engineer  entitled  "Plan  of  Land  to 
be  conveyed  by  the  Commonwealth  of  Massachusetts  to  the 
Town  of  Canton  for  Highway  Purposes.  Scale  100  feet=l 
inch.    Oct.  24,  1933.    Hartley  L.  White,  County  Engineer." 

Approved  April  7,  1937. 


Chap. 17 Q  A.N  Act  relative  to  the   manufacture  and   sale    of 

ARTICLES      OF      UPHOLSTERED      FURNITURE      FILLED      WITH 
GARNETTED  clippings,    so    CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'94%'270       Section  two  hundred  and  seventy  of  chapter  ninety-four 
amended.        '  of  the   General  Laws,   as  appearing  in  the   Tercentenary 
Edition,  is  hereby  amended  by  adding  at  the  end  the  follow- 
ing new  paragraph :  — 
eif'^^ng""'^  Notwithstanding  any  provision  of  this  section  or  of  section 

defined.  ouc,  an  article  of  upholstered  furniture  filled  with  material 

known  as  garnetted  chppings  need  not  be  marked  "second 
hand",  and  may  be  marked  "manufactured  of  new  ma- 
terial", if  such  garnetted  cHppings  are  composed  wholly  of 
material  that  has  been  produced  in  the  manufacture  of  other 
articles  and  has  never  otherwise  been  in  actual  use. 

Approved  April  7,  1937. 

Chav. 17 7  An  Act  relative  to  the  term  of  licenses  for  dealing 
IN  methyl  or  wood  alcohol,  so  called,  and  certain 

PREPARATIONS    CONTAINING    SUCH    ALCOHOL,    AND    TO    THE 
LABELLING  OF  THE  SAME. 

Be  it  enacted,  etc.,  as  follows: 
G-L.aer.  Section  1.     Section  three  hundred  and  three  B  of  chapter 

§  3b3B,  etc.,      ninety-four  of  the  General  Laws,  inserted  by  section  three  of 
amended.  chapter  three  hundred  and  seventy-two  of  the  acts  of  nine- 

teen hundred  and  thirty-four,  is  hereby  amended  by  striking 
out,  in  the  tenth  fine,  the  words  "on  the  thirty-first  day  of 
December  following"  and  inserting  in  place  thereof  the  words: 
—  twelve  calendar  months  from  the  date  of  issue,  —  so  as 
Licenses  for       ^q  j-ead  as  follows:  —  Section  303B.     The  board  of  health  of 

sale  of  methyl  ,  .  .  ,  fn      i  i-  j. 

orwQodaico-     a  towu  may  issue  to  properly  quaufaed  persons  ncenses  to 

of°'fil!"'*"''^      engage  therein  in  the  business  described  in  section  three 

hundred  and  three  A.    The  fee  for  such  a  license  shall  be  one 

dollar,  which  shall  be  paid  into  the  town  treasury.     The 

department  of  public  health  may  issue  licenses  to  such  per- 


Acts,  1937. —Chap.  178.  153 

sons  to  engage  in  such  business  anywhere  within  the  com- 
monwealth upon  payment  of  a  fee  of  ten  dollars,  which  shall 
be  paid  into  the  state  treasury.  All  licenses  issued  under  this 
section  shall  expire  twelve  calendar  months  from  the  date 
of  issue,  and  may  at  any  time  be  suspended  or  revoked,  for 
cause,  by  the  issuing  authority.  Such  authority  shall  keep 
a  record  of  all  licenses  granted,  suspended  or  revoked  by  it. 

Section  2.     Said  chapter  ninety-four  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  three  hundred  and  three  C,  f  303cf  etc., 
inserted  as  aforesaid,  and  inserting  in  place  thereof  the  follow-  amended, 
ing:  —  Section  S03C.     Every   barrel,   keg,   bottle   or  other  containers 
container  containing  methyl  alcohol  or  wood  alcohol,   so  *°  ^®  marked, 
called,  or  any  drug  or  medicine  intended  for  external  use 
containing  methyl  alcohol  shall  bear  in  capital  letters  not 
less  than  three  eighths  nor  more  than  one  and  one  half  inches 
in  height,  stencilled  or  printed  thereon,  the  words  "POISON, 
NOT  FOR  INTERNAL  USE",  or  shall  bear  a  label  which 
shall  include  the  word  "POISON"  and  which  shall  conform 
to  regulations  prescribed  by  the  department  of  pubhc  health, 
authority  to  prescribe  such  regulations  and  to  amend  or 
annul  the  same  being  hereby  granted  to  said  department. 
Whoever,  himself  or  by  his  servant  or  agent,  sells,  exchanges 
or  delivers  any  such  alcohol,  drug  or  medicine  in  any  con- 
tainer not  conforming  to  this  section  shall  be  punished  by  a 
fine  of  not  less  than  fifty  nor  more  than  two  hundred  dollars. 

Approved  April  7,  1937. 

An  Act  relative  to  the  construction  by  the  metropoli-  fhfj^  1 70 

TAN  DISTRICT  COMMISSION  OF  A  BEACH  AT  THE  LOCATION  OF  ^* 

THE  PROPOSED  PUBLIC  BATH  HOUSE  ON  THE  CHARLES  RIVER 
IN  THE  TOWN  OF  WATERTOWN. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  "^^^^^ 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

In  carrying  out  the  purposes  of  chapter  three  hundred 
and  thirty-one  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  providing  for  the  construction  and  maintenance  by  the 
metropolitan  district  commission  of  a  public  bath  house 
and  incidental  improvements  on  the  Charles  river  in  the 
town  of  Watertown,  said  commission  is  hereby  authorized 
and  directed  to  proceed  forthwith  with  the  construction  of 
a  beach  at  the  location  on  said  river  specified  in  said  chap- 
ter and  may  award  a  separate  contract  for  said  work.  The 
cost  of  the  work  authorized  by  this  act  shall  be  paid  from 
funds  available  for  the  purposes  of  said  chapter  and  shall 
be  apportioned  as  therein  provided. 

Approved  April  8,  1937. 


154  Acts,  1937. —Chap.  179. 


Chap. 179  ^^   ^^^   ESTABLISHING   THE   MANCHAUG   WATER   DISTRICT   OF 

SUTTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Sutton,  Hable 
to  taxation  in  said  town  and  residing  within  the  territory 
comprised  within  the  following  boundaries,  to  wit:  Beginning 
at  a  point  in  the  town  boundary  between  Sutton  and  Doug- 
las on  the  easterly  line  of  Main  street  in  the  village  of 
Manchaug;  thence  running  northeasterly  by  said  bound- 
ary one  half  mile;  thence  running  northwesterly  to  a  point 
on  the  center  line  of  Whitins  avenue,  said  point  being  three 
quarters  of  a  mile  by  the  center  line  of  Whitins  avenue  east- 
erly from  the  center  line  of  Main  street;  thence  north- 
westerly to  a  point;  thence  running  due  west  one  half  mile 
to  a  point  in  the  center  line  of  Main  street  in  the  center  of 
the  northerly  culvert  leading  from  Upper  Tucker  pond  to 
Lower  Tucker  pond;  thence  continuing  due  west  one  half 
mile;  thence  running  southeasterly  to  a  point  in  said  bound- 
ary between  Sutton  and  Douglas ;  and  thence  running  north- 
easterly by  said  boundary  three  quarters  of  a  mile  to  the 
point  of  beginning,  shall  constitute  a  water  district,  and  are 
hereby  made  a  body  corporate  by  the  name  of  the  Manchaug 
Water  District  of  Sutton,  hereinafter  called  the  district,  for 
the  purpose  of  supplying  themselves  with  water  for  the  ex- 
tinguishment of  fires  and  for  domestic  and  other  purposes, 
with  power  to  estabhsh  fountains  and  hydrants  and  to  re- 
locate and  discontinue  the  same,  to  regulate  the  use  of  such 
water  and  to  fLx  and  collect  rates  to  be  paid  therefor,  to  assess 
and  raise  taxes  as  provided  herein  for  the  payment  of  such 
services,  and  to  defray  the  necessary  expenses  of  carr3dng 
on  the  business  of  said  district,  but  subject  to  all  general 
laws  now  or  hereafter  in  force  relating  to  such  districts,  ex- 
cept as  otherwise  provided  herein.  Said  district  shall  have 
power  to  prosecute  and  defend  all  actions  relating  to  its 
property  and  affairs. 

Section  2.  For  the  purposes  aforesaid,  the  district,  act- 
ing by  and  through  its  board  of  water  commissioners  here- 
inafter provided  for,  may  contract  with  any  municipality, 
acting  through  its  water  department,  or  with  any  water 
company,  or  with  any  other  water  district,  for  whatever 
water  may  be  required,  authority  to  furnish  the  same  being 
hereby  granted,  and  may  enter  into  such  other  contracts  as 
may  be  necessary  for  the  purposes  set  forth  in  section  one 
of  this  act  and  may  take  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws,  or  acquire  by  lease,  pur- 
chase or  otherwise,  and  hold,  the  waters,  or  any  portion 
thereof,  of  any  pond,  spring  or  stream,  or  of  any  ground 
sources  of  supply  by  means  of  driven,  artesian  or  other  wells, 
within  said  town  of  Sutton,  not  already  appropriated  for  the 
purposes  of  a  public  water  supply,  and  the  water  rights  con- 
nected with  any  such  water  sources;   and  for  said  purposes 


Acts,  1937. —Chap.  179.  155 

may  take  as  aforesaid,  or  acquire  by  purchase  or  otherwise, 
and  hold,  all  lands,  rights  of  way  and  other  easements  neces- 
sary for  collecting,  storing,  holding,  purifying  and  preserving 
the  purity  of  the  water  and  for  conveying  the  same  to 
any  part  of  said  district;  provided,  that  no  source  of  water 
supply  or  lands  necessary  for  preserving  the  quality  of  the 
water  shall  be  so  taken  or  used  without  first  obtaining  the 
advice  and  approval  of  the  state  department  of  public  health, 
and  that  the  location  and  arrangement  of  all  dams,  reser- 
voirs, wells,  pumping  and  filtration  plants  and  such  other 
works  as  may  be  necessary  in  carrying  out  the  provisions  of 
this  act  shall  be  subject  to  the  approval  of  said  department. 
The  district  may  construct  on  the  lands  acquired  and  held 
under  this  act  proper  dams,  wells,  reservoirs,  standpipes, 
tanks,  pumping  plants,  buildings,  fixtures  and  other  struc- 
tures, including  also  the  establishment  and  maintenance  of 
filter  beds  and  purification  works  or  systems,  and  may  make 
excavations,  procure  and  operate  machinery  and  provide 
such  other  means  and  appliances,  and  do  such  other  things 
as  may  be  necessary  for  the  establishment  and  maintenance 
of  complete  and  effective  water  works;  and  for  that  purpose 
may  construct  pipe  lines,  wells  and  reservoirs  and  establish 
pumping  works,  and  may  construct,  lay,  acquire  and  main- 
tain aqueducts,  conduits,  pipes  and  other  works  under  or 
over  any  land,  water  courses,  railroads,  railways  and  public 
or  other  ways,  and  along  such  ways,  in  said  town,  in  such 
manner  as  not  unnecessarily  to  obstruct  the  same;  and  for 
the  purposes  of  constructing,  lading,  maintaining,  operating 
and  repairing  such  aqueducts,  conduits,  pipes  and  other 
works,  and  for  all  proper  purposes  of  this  act,  the  district 
may  dig  up  or  raise  and  embank  any  such  lands,  highways 
or  other  ways  in  such  manner  as  to  cause  the  least  hindrance 
to  public  travel  on  such  ways;  provided,  that  all  things  done 
upon  any  such  way  shall  be  subject  to  the  direction  of  the 
selectmen  of  said  town.  The  district  shall  not  enter  upon, 
or  construct  or  lay  any  aqueduct,  conduit,  pipe  or  other 
works  within,  the  location  of  any  railroad  corporation  ex- 
cept at  such  time  and  in  such  manner  as  it  may  agree  upon 
with  such  corporation,  or,  in  case  of  failure  so  to  agree,  as 
may  be  approved  by  the  department  of  public  utilities. 
Said  district  may  enter  upon  any  lands  for  the  purpose  of 
making  surveys,  test  pits  and  borings,  and  may  take  or  other- 
wise acquire  the  right  to  occupy  temporarily  any  lands  nec- 
essary for  the  construction  of  any  work  or  for  any  other 
purpose  authorized  by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authorit}^  thereof  may  recover  such  damages  from  the 
district  under  said  chapter  seventy-nine;  but  the  right  to 
damages  for  the  taking  of  any  water,  water  right  or  water 
source,  or  for  any  injury  thereto,  shall  not  vest  until  water 
is  actually  withdrawn  or  diverted  under  authority  of  this 
act. 


156  Acts,  1937. —Chap.  179. 

Section  4.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  liabilities  incurred  under  this  act,  other  than  ex- 
penses of  maintenance  and  operation,  the  district  may  bor- 
row from  time  to  time  such  sums  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  seventy-five  thousand  dollars, 
and  may  issue  bonds  or  notes  therefor,  which  shall  bear  on 
their  face  the  words,  Manchaug  Water  District  of  Sutton 
Loan,  Act  of  1937.  Each  authorized  issue  shall  constitute  a 
separate  loan,  and  such  loans  shall  be  payable  in  not  more 
than  thirty  years  from  their  dates.  Indebtedness  incurred 
under  this  act  shall  be  subject  to  the  provisions  of  chapter 
forty-four  of  the  General  Laws,  pertaining  to  such  districts. 

Section  5.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  section  four;  and,  when  a  vote  to  that  effect 
has  been  passed,  a  sum  which,  with  the  income  derived  from 
water  rates,  will  be  sufficient  to  pay  the  annual  expense  of 
operating  its  water  works  and  the  interest  as  it  accrues  on 
the  bonds  or  notes  issued  as  aforesaid  by  the  district,  and 
to  make  such  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act,  shall  without  further  vote 
be  assessed  upon  the  district  by  the  assessors  of  said  town 
annually  thereafter  until  the  debt  incurred  by  said  loan  or 
loans  is  extinguished. 

Section  6.  Any  land  taken  or  acquired  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  district. 
All  authority  vested  in  said  board  by  this  section  shall  be 
subject  to  the  provisions  of  section  nine. 

Section  7.  Whenever  a  tax  is  duly  voted  by  the  district 
for  the  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  the  assessors  of  said  town,  who  shall  as- 
sess the  same  in  the  same  manner  in  all  respects  in  which 
town  taxes  are  required  by  law  to  be  assessed;  provided, 
that  no  estate  shall  be  subject  to  any  tax  assessed  on  account 
of  the  system  of  water  supply  under  this  act  if,  in  the  judg- 
ment of  the  board  of  water  commissioners  hereinafter  pro- 
vided for,  after  a  hearing,  such  estate  is  so  situated  that  it 
can  receive  no  aid  in  the  extinguishment  of  fire  from  the 
said  system  of  water  supply,  or  receive  no  benefit  in  fire  in- 
surance grading  therefrom,  or  both,  or  if  such  estate  is  so 
situated  that  the  buildings  thereon,  or  the  buildings  that 
might  be  constructed  thereon,  could  not  be  supplied  in  any 
ordinary  or  reasonable  manner  with  water  from  the  said 
system;  but  all  other  estates  in  the  district  shall  be  deemed 
to  be  benefited  and  shall  be  subject  to  such  tax.  A  certi- 
fied list  of  the  estates  exempt  from  taxation  under  the  pro- 
visions of  this  section  shall  annually  be  sent  by  said  board 
of  water  commissioners  to  said  assessors,  at  the  same  time 
at  which  the  clerk  shall  send  a  certified  copy  of  the  vote  as 
aforesaid.  The  assessment  shall  be  committed  to  the  town 
collector,  who  shall  collect  said  tax  in  the  manner  provided 


Acts,  1937. —Chap.  179.  157 

by  law  for  the  collection  of  town  taxes,  and  shall  deposit  the 
proceeds  thereof  with  the  district  treasurer  for  the  use  and 
benefit  of  the  district.  The  district  may  collect  interest  on 
overdue  taxes  in  the  manner  in  which  interest  is  authorized 
to  be  collected  on  town  taxes. 

Section  8.  The  first  meeting  of  the  voters  of  the  terri- 
tory included  within  the  boundaries  set  forth  in  section  one 
shall  be  called,  on  petition  of  ten  or  more  legal  voters  therein, 
by  a  warrant  from  the  selectmen  of  said  town,  or  from  a 
justice  of  the  peace,  directed  to  one  of  the  petitioners,  re- 
quiring him  to  give  notice  of  the  meeting  by  posting  copies 
of  the  warrant  in  two  or  more  pubUc  places  in  the  district 
seven  days  at  least  before  the  time  of  the  meeting.  Such 
justice  of  the  peace,  or  one  of  the  selectmen,  shall  preside 
at  such  meeting  until  a  clerk  is  chosen  and  sworn,  and  the 
clerk  shall  preside  until  a  moderator  is  chosen.  After  the 
choice  of  a  moderator  for  the  meeting  the  question  of  the 
acceptance  of  this  act  shall  be  submitted  to  the  voters,  and 
if  it  is  accepted  by  a  majority  of  the  voters  present  and  voting 
thereon  it  shall  thereupon  take  effect,  and  the  meeting  may 
then  proceed  to  act  on  the  other  articles  in  the  warrant. 

Section  9.  The  district  shall,  after  the  acceptance  of 
tliis  act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meet- 
ing at  which  this  act  is  accepted  or  at  a  special  meeting  there- 
after called  for  the  purpose,  three  persons,  resident  taxpayers 
of  the  district,  to  hold  office,  one  until  the  expiration  of  three 
years,  one  until  the  expiration  of  two  years,  and  one  until 
the  expiration  of  one  year,  from  the  day  of  the  next  succeed- 
ing annual  district  meeting,  to  constitute  a  board  of  water 
commissioners,  and  at  every  annual  district  meeting  follow- 
ing such  next  succeeding  annual  district  meeting  one  such 
commissioner  shall  be  elected  by  ballot  for  the  term  of  three 
years.  All  the  authority  granted  to  the  district  by  this  act, 
except  sections  four  and  five,  and  not  otherwise  specifically 
provided  for,  shall  be  vested  in  said  board  of  water  commis- 
sioners, who  shall  be  subject,  however,  to  such  instructions, 
rules  and  regulations  as  the  district  may  by  vote  impose. 
At  the  meeting  at  which  said  commissioners  are  first  elected 
and  at  each  annual  district  meeting  held  thereafter  the  dis- 
trict shall  elect  by  ballot  a  treasurer  of  the  district,  who  shall 
not  be  a  water  commissioner  thereof,  and  who  shall  give 
bond  to  the  district  in  such  an  amount  as  may  be  approved 
by  said  commissioners.  A  majority  of  said  commissioners 
shall  constitute  a  quorum  for  the  transaction  of  business. 
Any  vacancy  occurring  in  said  board  from  any  cause  may 
be  filled  for  the  remainder  of  the  unexpired  term  by  the  dis- 
trict at  any  legal  meeting  called  for  the  purpose.  No  money 
shall  be  drawn  from  the  treasury  of  the  district  on  account  of 
its  water  works  except  upon  a  written  order  of  said  commis- 
sioners or  a  majority  of  them. 

Section  10.  Said  commissioners  shall  fix  just  and  equi- 
table prices  and  rates  for  the  use  of  water,  and  shall  prescribe 
the  time  and  manner  of  payment.    The  income  of  the  water 


158  Acts,  1937. —Chap.  179. 

works  shall  be  appropriated  to  defray  all  operating  expenses, 
interest  charges  and  payments  on  the  principal  as  they  shall 
accrue  upon  any  bonds  or  notes  issued  under  authority  of 
this  act.  If  there  should  be  a  net  surplus  remaining  after 
providing  for  the  aforesaid  charges,  it  may  be  appropriated 
for  such  new  construction  as  said  commissioners  may  recom- 
mend, and  in  case  a  surplus  should  remain  after  payment 
for  such  new  construction  the  water  rates  shall  be  reduced 
proportionately.  Said  commissioners  shall  annually,  and  as 
often  as  the  district  may  require,  render  a  report  upon  the 
condition  of  the  works  under  their  charge,  and  an  account  of 
their  doings,  including  an  account  of  receipts  and  expendi- 
tures. 

Section  11.  The  district  may  adopt  by-laws  prescribing 
by  whom  and  how  meetings  of  the  district  may  be  called, 
notified  and  conducted;  and,  upon  the  application  of  ten  or 
more  legal  voters  in  the  district,  meetings  may  also  be  called 
by  warrant  as  provided  in  section  eight.  The  district  may 
also  estabhsh  rules  and  regulations  for  the  management  of 
its  water  works,  not  inconsistent  with  this  act  or  with  law, 
and  may  choose  such  other  officers  not  provided  for  in  this 
act  as  it  may  deem  necessary  or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  water  obtained  or  suppHed  under 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir,  stand- 
pipe,  aqueduct,  pipe  or  other  property  owned  or  used  by  the 
district  for  any  of  the  purposes  of  this  act,  shall  forfeit 
and  pay  to  the  district  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort,  and 
upon  conviction  of  any  of  the  above  acts  shall  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars  or  by  im- 
prisonment in  jail  for  not  more  than  one  year. 

Section  13.  Upon  a  petition  in  writing  addressed  to  said 
commissioners  requesting  that  certain  real  estate,  accurately 
described  therein,  located  in  said  town  and  abutting  on  said 
district  and  not  otherwise  served  by  a  pubHc  water  supply 
be  included  within  the  limits  thereof,  and  signed  by  the 
owners  of  such  real  estate,  or  a  major  portion  of  such  real 
estate,  said  commissioners  shall  cause  a  duly  warned  meet- 
ing of  the  district  to  be  called,  at  which  meeting  the  voters 
may  vote  on  the  question  of  including  said  real  estate  within 
the  district.  If  a  majority  of  the  voters  present  and  voting 
thereon  vote  in  the  affirmative  the  district  clerk  shall  within 
ten  days  file  with  the  town  clerk  of  said  town  and  with  the 
state  secretary  an  attested  copy  of  said  petition  and  vote; 
and  thereupon  said  real  estate  shall  become  and  be  part  of 
the  district  and  shall  be  holden  under  this  act  in  the  same 
manner  and  to  the  same  extent  as  the  real  estate  described 
in  section  one. 

Section  14.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  district 
present  and  voting  thereon  at  a  district  meeting  called,  in 


Acts,  1937. —Chap.  180.  159 

accordance  with  the  provisions  of  section  eight,  within  three 
years  after  its  passage;  but  the  number  of  meetings  so 
called  in  any  one  year  shall  not  exceed  three. 

Approved  April  8,  1937. 


An  Act  to  modify  the  laws  concerning  mortgage  invest-  diav.X^i} 

MENTS    BY    SAVINGS    BANKS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it^is  hereby  declared  to  be  an  '""®^"' 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty-four  of  chapter  one  hundred  and  sixty-eight  g^J-  {J|''-j  ^^ 
of  the  General  Laws  is  hereby  amended  by  striking  out  clause  etcVameAded. ' 
First,  as  amended  by  section  twenty-two  of  chapter  three 
hundred  and  thirty-four  of  the  acts  of  nineteen  hundred  and 
thirty-three,  and  inserting  in  place  thereof  the  following :  — 

First.     In  first  mortgages  of  real  estate  located  in  the  Mortgage 
commonwealth  but  not  more  than  seventy  per  cent  of  the  iTfYavhlgs*^ 
whole  amount  of  deposits  shall  be  so  invested.    No  loan  on  ^anks. 
mortgage  shall  be  made  except  upon  written  apphcation  i-'mits. 
showing  the  date,  name  of  apphcant,  amount  asked  for  and 
security  offered,  nor  except  upon  the  report  of  not  less  than 
two  members  of  the  board  of  investment  who  shall  certify 
on  said  application,  according  to  their  best  judgment,  the 
value  of  premises  to  be  mortgaged;    and  such  apphcation 
shall  be  filed  and  preserved  with  the  records  of  the  corpora- 
tion.   All  loans  secured  by  first  mortgages  of  real  estate  shall 
be  subject  to  the  following  restrictions:  — 

(a)  A  loan  secured  bj^  a  first  mortgage  of  real  estate  lo- 
cated in  the  commonwealth,  except  real  estate  referred  to 
in  subdivision  (b)  hereof,  may  be  made  on  demand  or  for  a 
period  not  extending  beyond  three  years  from  the  date  of  the 
note  and  shall  not  exceed  sixty  per  cent  of  the  value  of  the 
premises  to  be  mortgaged. 

(6)  A  loan  secured  by  a  first  mortgage  of  unimproved  and 
unproductive  real  estate  located  in  the  commonwealth  may 
be  made  on  demand  or  for  a  period  not  extending  beyond 
three  years  from  the  date  of  the  note  and  shall  not  exceed 
forty  per  cent  of  the  value  of  the  premises  to  be  mortgaged. 

(c)  Not  later  than  three  years  after  the  date  of  the  note, 
as  provided  by  subdivisions  (a)  and  (6)  hereof,  not  less  than 
two  members  of  the  board  of  investment  shall  certify  in 
^  writing,  according  to  their  best  judgment,  the  value  of  the 
'  premises  mortgaged;  and  the  premises  shall  be  revalued  in 
the  same  manner  at  intervals  of  not  more  than  three  years 
so  long  as  they  are  mortgaged  to  such  corporation.  Such 
report  shall  be  filed  and  preserved  with  the  records  of 
the  corporation.  If  at  the  time  a  revaluation  is  made,  the 
amount  loaned  is  in  excess  of  sixty  per  cent,  or,  in  the  case 
of  unimproved  and  unproductive  real  estate,  in  excess  of 


160  Acts,  1937. —Chap.  180. 

forty  per  cent,  of  the  value  of  the  premises  mortgaged,  a 
sufficient  reduction  in  the  amount  of  the  loan  shall  be  re- 
quired, as  promptly  as  may  be  practicable,  to  bring  the  loan 
within  sixty  per  cent,  or,  in  the  case  of  unimproved  and 
unproductive  real  estate,  within  forty  per  cent  of  the  value 
of  said  premises. 

(d)  A  loan  secured  by  a  first  mortgage  of  real  estate  lo- 
cated in  the  commonwealth,  except  real  estate  referred  to 
in  subsection  (6)  hereof,  not  exceeding  sixty  per  cent  of  the 
value  of  the  premises  to  be  mortgaged,  may  be  made  for  a 
period  extending  beyond  tfhree  years  but  not  exceeding 
twenty  years  from  the  date  of  the  note,  provided  the  terms 
of  such  note  shall  require  payments  on  the  loan  to  be  made 
in  quarterly  installments,  at  intervals  not  exceeding  three 
months,  such  payments  to  commence  not  later  than  three 
months  after  the  date  of  the  note,  and  to  be  in  amounts  ag- 
gregating annually  not  less  than  two  per  cent  of  the  original 
amount  of  the  loan. 

(e)  A  loan  secured  by  a  first  mortgage  of  real  estate  lo- 
cated in  the  commonwealth,  except  real  estate  referred  to 
in  subsection  (6)  hereof,  not  exceeding  seventy  per  cent  of 
the  value  of  the  premises  to  be  mortgaged,  may  be  made  for 
a  period  extending  beyond  three  years  but  not  exceeding 
twenty  years  from  the  date  of  the  note,  provided  the  terms 
of  the  note  shall  require  payments  on  the  loan  to  be  made 
in  quarterly  installments,  at  intervals  not  exceeding  three 
months,  such  payments  to  commence  not  later  than  three 
months  after  the  date  of  the  note,  and  to  be  in  amounts 
aggregating  annually  not  less  than  three  per  cent  of  the 
original  amount  of  the  loan.  No  loan  under  this  subsection 
shall  be  made  for  a  sum  in  excess  of  twenty-five  thousand 
dollars. 

(/)  Not  later  than  three  years  after  the  date  of  the  note, 
as  provided  by  subdivisions  (d)  and  (e)  hereof,  not  less  than 
two  members  of  the  board  of  investment  shall  certify  in 
writing,  according  to  their  best  judgment,  the  value  of  the 
premises  mortgaged;  and  the  premises  shall  be  revalued  in 
the  same  manner  at  intervals  of  not  more  than  three  years 
so  long  as  they  are  mortgaged  to  such  corporation.  Such 
report  shall  be  filed  and  preserved  with  the  records  of  the 
corporation. 

Whenever  the  commissioner  deems  an  excessive  loan  has 
been  made,  or  is  about  to  be  made  upon  real  estate,  he  may 
cause  an  appraisal  of  said  real  estate  to  be  made  at  the 
expense  of  the  bank  making  the  loan.  One  appraiser  shall 
be  named  by  the  commissioner,  one  by  the  bank  making  the 
loan,  and  a  third  by  the  two  thus  named.  Said  appraisers 
shall  determine  the  value  of  said  real  estate  and  certify  the 
same  in  writing  to  the  commissioner  and  to  the  bank.  If  it 
shall  appear  from  said  appraisal  that  said  loan  is  in  excess 
of  the  amount  allowed  by  this  clause,  the  commissioner  may 
make  such  order  in  relation  thereto  as  he  deems  advisable. 

Approved  April  9,  1937. 


Acts,  1937. —Chap.  181.  161 


An  Act  authorizing  temporary  borrowing  by  the  city  Chav. ISl 
OF  boston  to  provide  funds  to  meet  in  part  the  cost 
of  providing  certain  additional  accommodations  and 

FACILITIES  for  THE  COURTS  AND  OTHER  OFFICIALS  IN  THE 
COUNTY  OF  SUFFOLK,  IN  ANTICIPATION  OF  PAYMENTS  BY 
THE   STATE   AND    FEDERAL   GOVERNMENT. 

Whereas,    The  deferred  operation  of  this  act  would  tend  pr'^ambie?^ 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  providing  necessary  funds  to  meet  in 
part  the  cost  of  the  additional  court  house  accommodations 
and  facilities,  including  furnishings  and  equipment,  author- 
ized by  chapter  four  hundred  and  seventy-four  of  the  acts 
of  nineteen  hundred  and  thirty-five,  in  anticipation  of  the 
receipt  by  the  commission  established  by  section  one  of  said 
chapter,  hereinafter  called  the  commission,  of  the  proceeds 
of  such  funds  as  shall  have  been  allotted,  or  of  any  grant  ap- 
proved, by  the  federal  government  to  the  commission  under 
any  agreement  with  the  federal  government  relating  thereto, 
the  city  of  Boston  may,  from  time  to  time,  at  the  request 
of  the  commission,  place  at  its  disposal  such  funds  as  may 
be  needed  to  an  amount  not  exceeding  the  amount  of  the 
allotment  or  grant  as  shown  by  such  agreement,  and  for  this 
purpose  the  treasurer  of  said  city,  with  the  approval  of  the 
mayor  of  said  city,  may  incur  debt,  outside  the  debt  limit, 
to  an  amount  not  exceeding,  in  the  aggregate,  such  sums  as 
shall  have  been  so  allotted,  or  the  amount  of  the  grant  that 
shall  have  been  so  approved,  by  the  federal  government 
under  such  agreement,  and  may  issue  notes  therefor  payable 
in  not  more  than  one  year  from  their  dates;  and  the  pro- 
ceeds of  such  allotment  or  of  such  grant,  so  far  as  necessary, 
shall  be  applied  by  said  commission  to  repay  to  said  city 
such  sums  as  shall  have  been  placed  at  its  disposal,  under 
the  provisions  of  this  paragraph,  which  sums,  when  so  re- 
paid to  said  city,  shall,  so  far  as  necessary,  be  apphed  to  the 
discharge  of  the  loan  made  under  this  paragraph. 

For  the  purposes  of  providing  necessary  funds  to  meet  in 
part  the  aforesaid  cost  authorized  by  said  chapter,  in  antici- 
pation of  the  receipt  by  the  commission  of  the  contribution 
from  the  commonwealth  to  pay  its  share  of  the  expenditures 
authorized  by  said  chapter  the  city  of  Boston  may,  from 
time  to  time  at  the  request  of  the  commission,  also  place  at 
its  disposal  such  funds  as  may  be  needed  to  an  amount  not 
exceeding  the  amount  of  the  commonwealth's  share  of  the 
expenditures  so  authorized,  and  for  this  purpose  the  treas- 
urer of  said  city,  with  the  approval  of  the  mayor  of  said  city, 
may  incur  debt,  outside  the  debt  limit,  to  an  amount  not 
exceeding,  in  the  aggregate,  the  amount  of  the  common- 
wealth's share  of  the  expenditures  so  authorized,  and  may 


162  Acts,  1937. —Chaps.  182,  183,  184. 

issue  notes  therefor  payable  in  not  more  than  one  year  from 
their  dates;  and  the  money  paid  by  the  commonwealth  to 
meet  its  share  of  such  expenditures,  so  far  as  necessary,  shall 
be  applied  by  said  commission  to  repay  to  said  city  such 
sums  as  shall  have  been  so  placed  at  its  disposal  under  the 
provisions  of  this  paragraph,  which  sums,  when  so  repaid  to 
said  city,  shall,  so  far  as  necessary,  be  applied  to  the  dis- 
charge of  the  loan  made  under  this  paragraph. 

Approved  April  9,  1937. 

C hap. 1S2  An  Act  prohibiting  the  use  of  beam  or  otter  trawls 

IN  TAKING  FISH  FROM  SWAN  POND  RIVER,  AT  THE  MOUTH 
THEREOF  OR  IN  THE  PONDS  OR  STREAMS  CONNECTED  THERE- 
WITH  IN   THE   TOWN    OF   DENNIS. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1,  Whoever  uses  beam  or  otter  trawls  to  drag 
for  fish  in  Swan  Pond  river,  at  the  mouth  thereof  or  in  the 
ponds  or  streams  connected  therewith  in  the  town  of  Dennis 
shall  be  punished  by  a  fine  of  not  more  than  twenty  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  9,  1937. 

Chap.lSS  An  Act  providing  that  certain  expenses  of  the  land 

COURT   BE    PAID    BY   THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

G- L.  (Ter  SECTION  1.     Section  One   of  chapter  one   hundred   and 

etc., 'amended',  cighty-five  of  the  General  Laws,  as  most  recently  amended 
by  section  five  of  chapter  three  hundred  and  eighteen  of  the 
acts  of  nineteen  hundred  and  thirty-five,  is  hereby  further 
amended  by  striking  out  the  paragraph  contained  in  hnes 
fort5''-four  to  fifty,  inclusive,  as  appearing  in  the  Tercente- 
nary Edition,  and  inserting  in  place  thereof  the  following:  — 

Lfnd^com-t,  The  court  shall  hold  its  sittings  in  Boston,  but  may  ad- 

journ from  time  to  time  to  such  other  places  as  public  con- 
venience may  require.  In  Suffolk  county,  the  city  council 
of  Boston,  and  in  other  counties,  the  county  commissioners, 
shall  provide  suitable  rooms  for  the  sittings  of  said  court  in 
the  same  building  with,  or  convenient  to,  the  probate  court 
or  the  registry  of  deeds. 

Effective  SECTION  2.    Tliis  act  shall  take  effect  on  October  first  in 

the  current  year.  Approved  April  9,  1937. 


sittings  of. 


date. 


C/iai9.184  An  Act  making  effective  throughout  the  common- 
wealth THE  LAW  RELATIVE  TO  THE  REGISTRATION  OF 
BARBERS   AND    THE    PRACTICE    OF   BARBERING. 

Be  it  enacted,  etc.,  as  follows: 

Section  seven  of  chapter  four  hundred  and  eighteen  of 
the  acts  of  nineteen  hundred  and  thirty-one  is  hereby  re- 
pealed. Approved  April  9,  1937. 


Acts,  1937. —Chaps.  185,  186.  163 

An    Act    authorizing    municipalities    to    appropriate  (JJiav.\S5 

MONEY     FOR     EYEGLASSES     AND     SPECTACLES     FOR     NEEDY  ^' 

SCHOOL   CHILDREN, 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  forty  of  the  General  Laws  is  hereby  o.  l.  (Ter. 
amended  by  inserting  after  paragraph  (39),  inserted  by  chap-  £1!  amended, 
ter  twenty-eight  of  the  acts  of  nineteen  hundred  and  thirty- 
five  the  following  new  paragraph :  — 

(40)  To  provide  eyeglasses  and  spectacles  for  school  chil-  ^°^''p^;o^^*fj^ 
dren  eighteen  years  of  age  or  under  who  are  in  need  thereof  eyeglasses,  etc., 
and  whose  parents  or  guardians  are  financially  unable  to  cSidren"^ 
furnish  the  same.    Money  so  appropriated  shall  be  expended 
under  the  direction  of  the  mayor  and  city  council  of  a  city 
and  the  selectmen  of  a  town.  Approved  April  9,  1937, 


An  Act  relative  to  fixing  the  compensation  of  pro-  Qfidj)  \^Q 

BATION    officers    APPOINTED    FOR    THE    BOSTON    JUVENILE  ^' 

COURT  AND  THE  DISTRICT  COURTS  IN  SUFFOLK  COUNTY 
OTHER  THAN  THE  MUNICIPAL  COURT  OF  THE  CITY  OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighty-three  of  chapter  two  hundred  and  seventy-  g.  l.  (Ter. 
six  of  the  General  Laws,  as  amended  by  chapter  three  hun-  fttl'ameAded^' 
dred  and  sixty  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  is  hereby  further  amended  by  inserting  after  the  word 
"or"  in  the  fifteenth  fine  the  words:  —  by  the  justice  of, 
—  by  inserting  after  the  word  "court"  the  first  time  it 
occurs  in  the  twenty-seventh  line  the  words: —  ;  in  each 
other  district  court  in  Suffolk  county  and  in  the  Boston 
juvenile  court,  the  justice  thereof,  subject  to  the  approval 
of  the  administrative  committee  of  the  district  courts,  shall 
fix  the  compensation  for  each  probation  officer  appointed 
for  such  court,  —  and  by  striking  out,  in  the  twenty-seventh 
and  twenty-eighth  fines,  the  words  "and  in  the  Boston 
juvenile  court",  —  so  as  to  read  as  follows:  —  Section  83.  ^^"^^^^"^ 
The  superior  court,  the  chief  justice  of  the  municipal  court  pointment, 
of  the  city  of  Boston,  subject  to  the  approval  of  the  asso-  ^''''"'^' 
ciatc  justices  thereof,  and  the  justice  of  each  other  district 
court,  with  the  written  approval  of  the  administrative  com- 
mittee of  the  district  courts,  who  shall  consult  the  board 
of  probation  relative  thereto,  and  the  justice  of  the  Boston 
juvenile  court  may  appoint  such  male  and  female  proba- 
tion officers  as  they  may  respectively  from  time  to  time 
deem  necessary  for  their  respective  courts;  and  if  there  is 
more  than  one  probation  officer  in  one  court,  one  of  such 
officers  may  be  designated  as  chief  probation  officer.  All 
officers  so  appointed  shall  be  removable  for  cause  by  the 
court  making  the  appointment;  provided,  that  no  officer 
appointed  by  a  justice  of  a  district  court  other  than  the 


1.64  Acts,  1937. —Chap.  187. 

municipal  court  of  the  city  of  Boston  or  by  the  justice  of 
the  Boston  juvenile  court  shall  be  removed  or  discharged 
from  office  unless  such  removal  or  discharge  shall  be.  ap- 
proved in  writing  by  the  administrative  committee  of  the 
district  courts  after  consultation  with  the  board  of  proba- 
tion relative  theretoyf  The  compensation  of  each  probation 
,  officer  appointed  by  the  superior  court  shall  be  fixed  by 
that  court  and  by  it  apportioned  from  time  to  time  among 
the  counties  wherein  said  officer  performs  his  duties.  In 
the  municipal  court  of  the  city  of  Boston,  the  chief  justice 
of  said  court,  subject  to  the  approval  of  the  associate  jus- 
tices thereof,  shall  fix  the  compensation  of  each  probation 
officer  appointed  for  such  court;  in  each  other  district  court 
in  Suffolk  county  and  in  the  Boston  juvenile  court,  the 
justice  thereof,  subject  to  the  approval  of  the  administra- 
tive committee  of  the  district  courts,  shall  fix  the  compen- 
sation for  each  probation  officer  appointed  for  such  court; 
and  in  each  other  district  court,  the  justice  thereof,  subject 
to  the  approval  of  the  county  commissioners,  shall  fix  the 
compensation  of  each  probation  officer  appointed  for  such 
court;  and  such  compensation  shall  be  paid  by  the  county 
on  vo^hers  approved  respectively  by  the  chief  justice  of 
the  municipal  court  of  the  city  of  Boston  or  by  the  justice 
of  such  other  district  court  or  juvenile  court. 

Approved  April  9,  1937. 


Chap. 187  An  Act  authorizing  the  town  of  shutesbury  to  use 

ALL  OR  ANY  PART  OF  CENTRE  CEMETERY  AND  A  CERTAIN 
WAY  IN  SAID  TOWN  FOR  SCHOOL  AND  SCHOOL  YARD  PUR- 
POSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Shutesbury,  by  its  vote,  may 
discontinue  the  use  for  cemetery  purposes  of  the  whole  or 
any  part  of  a  certain  tract  of  land  therein  known  as  Centre 
Cemetery,  owned  by  said  town  and  used  from  time  imme- 
morial as  a  cemetery  after  complying  with  the  provisions 
of  section  two,  may  discontinue  a  certain  way  extending 
from  the  Leverett  road,  so  called,  to  said  cemetery,  and 
may  thereafter  use  said  cemetery  or  part  thereof,  as  the 
case  may  be,  and  said  way  for  school  and  school  yard  pur- 
poses; and  said  cemetery  or  part  thereof  and  said  way, 
according  to  said  vote,  shall  thereafter  be  under  the  same 
care  and  control  as  other  school  property. 

Section  2.  Said  town,  at  its  expense,  shall  exhume  and 
re-inter  in  other  suitable  burial  places  the  remains  of  such 
bodies  interred  in  said  cemetery  or  said  part  thereof,  as  the 
case  may  be,  as  have  not  been  removed  therefrom  by  rela- 
tives or  friends  of  the  deceased  within  a  period  of  three 
months  after  the  last  publication  of  the  notice  hereinafter 
provided  for,  and  shall  remove  all  headstones  and  other 
monuments  standing,  after  the  expiration  of  said  period, 


Acts,  1937. —Chaps.  188,  189.  165 

in  said  cemetery  or  in  said  part  thereof,  and,  in  a  suitable 
manner,  replace  the  same  at  or  over  the  graves  in  the  new 
burial  places  so  that  the  remains  of  the  bodies  re-interred 
therein  shall  be  indicated  as  they  were  in  said  cemetery  or 
in  said  part  thereof.  Such  notice  shall  be  given  by  the  town 
by  publishing  a  copy  of  this  act  once  a  week  for  three  suc- 
cessive weeks  in  a  newspaper  published  in  Franklin  county 
and  also  by  mailing,  postage  prepaid,  before  the  last  pub- 
lication as  aforesaid,  such  a  copy  to  each  known  relative  of 
any  deceased  person  whose  remains  are  to  be  exhumed  and 
re-interred  under  authority  hereof. 

Section  3.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  its  annual  town  meeting  to  be  held  in  the  year 
nineteen  hundred  and  thirty-eight;  and,  if  accepted  by  a 
majority  of  the  voters  present  and  voting  thereon,  sections 
one  and  two  of  this  act  shall  thereupon  take  full  effect,  but 
not  otherwise.  Approved  April  9,  1937. 

An  Act  reducing  the  entry  fee  for  supplementary  (7/ia».188 

PROCEEDINGS   IN    CIVIL   ACTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  four  of  chapter  two  hundred  and  sixty-two  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is  amende^!.'  ^  *' 
hereby  amended  by  striking  out,  in  the  eighteenth  line,  the 
words  "three  dollars"  and  inserting  in  place  thereof  the 
words :  —  one  dollar,  —  so  that  the  seventh  paragraph  will 
read  as  follows :  —  Upon  the  commencement  of  supplemen-  Certain  fees 
tary  proceedings  under  chapter  two  hundred  and  twenty- corns.  ^  ° 
four  there  shall  be  paid  to  the  clerk  an  entry  fee  of  one 
dollar.     The  entry  fee  and  the  fees  of  witnesses  and  officers 
shall  be  allowed  the  creditor  as  costs.    The  plaintiff  or  cred- 
itor making  affidavit  to  the  court  as  provided  in  section 
two  or  six  of   said   chapter  shall  pay  a  fee  of  one  dollar, 
which  fee,  together  with  any  sums  paid  under  section  twelve 
of  said  chapter  shall  be  taxed  in  the  plaintiff's  or  creditor's 
costs.     The  only  other  fees  under  said  chapter,  except  as 
provided  in  section  nine  of  said  chapter  and  except  those  of 
officers,  shall  be  payable  in  advance  by  the  defendant  or 
debtor  as  follows:  —  Approved  April  9,  1937. 

An  Act  relative  to  the  purchase  of  uniforms  for  the  (Jlidj)  Jgg 

SERGEANT- AT- ARMS,  DOORKEEPERS,  ASSISTANT  DOORKEEP- 
ERS,  GENERAL  COURT  OFFICERS  AND  PAGES  OF  THE  GEN- 
ERAL  COURT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  three  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
inserting  after  section  twenty,  as  appearing  in  the  Tercen-  fectmn'aoX 
tenary  Edition,  the  following  new  section:  —  Section  20 A.  added. 
Subject  to  such  annual  appropriation  as  may  be  made  for  yf{j|.g°™^f  the 
the  purpose,  the  sergeant-at-arms  may  purchase  at  the  ex-  general  court. 


166  Acts,  1937. —Chaps.  190,  191. 

pense  of  the  commonwealth  such  uniforms  for  himself,  the 
doorkeepers,  assistant  doorkeepers,  general  court  officers  and 
pages  as  he  may  determine.  Approved  April  9,  1937. 

Chap. 190  An   Act  relative   to   the   salaries   of  the   principal 

ASSESSORS    OF   THE    CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  ninety-three  of  the 
Special  Acts  of  nineteen  hundred  and  eighteen,  as  most  re- 
cently amended  by  section  one  of  chapter  one  hundred  of 
the  acts  of  nineteen  hundred  and  twenty-eight,  is  hereby 
further  arnended  by  striking  out,  in  the  fourteenth  line,  the 
word  "five"  and  inserting  in  place  thereof  the  word:  —  six, 
—  so  as  to  read  as  follows :  —  Section  2.  The  mayor  of  the 
city  shall  appoint,  and  may  at  any  time  remove,  in  accord- 
ance with  the  provisions  of  chapter  four  hundred  and  eighty- 
six  of  the  acts  of  nineteen  hundred  and  nine,  three  assessors 
to  hold  office  for  terms  of  one,  two,  and  three  years,  re- 
spectively, beginning  with  the  first  day  of  April  in  the  cur- 
rent year.  As  the  term  of  each  assessor  expires,  the  mayor 
in  hke  manner  shall  appoint  his  successor  for  a  term  of  three 
years  from  the  first  day  of  April  in  the  year  of  appoint- 
ment. The  mayor  shall  also  fill  any  vacancy  for  the  unex- 
pired term.  The  mayor  shall  designate  the  chairman  of 
the  board  who  shall  receive  an  annual  salary  of  seventy- 
five  hundred  dollars;  the  two  other  members  of  the  board 
shall  each  receive  an  annual  salary  of  six  thousand  dollars. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  council 
of  the  city  of  Boston,  subject  to  the  provisions  of  its  charter, 
but  not  otherwise.  Approved  April  9,  1937. 

Chap.191  An  Act  authorizing  the  issuance  to  certain  officials 
OF  certain  other  states  of  complimentary  certifi- 
cates entitling  them  to  hunt  and  fish  in  this  com- 
monwealth. 

Be  it  enacted,  etc.,  as  follows: 

EdViJr§5  Section  1.  Section  five  of  chapter  one  hundred  and 
etc',  amended',  thirty-ouc  of  the  General  Laws,  as  most  recently  amended 
by  section  one  of  chapter  two  hundred  and  fourteen  of  the 
acts  of  nineteen  hundred  and  thirty-three,  is  hereby  further 
amended  by  inserting  after  the  word  "section"  in  the  first 
fine  the  following:  —  eight  B,  —  so  as  to  read  as  follows:  — 
Licenses  to       Scction  5.     Except  as  provided  in  section  eight  B,  ninety- 

hsh  and  hunt.  .,,  ^  .       ,         .  .       ,  .  °i  iij 

one,  ninety-two,  nmety-six,  nmety-mne  or  one  hundred  and 
eight,  no  person  shall  hunt  any  bird  or  mammal,  and  no 
person,  unless  he  is  under  fifteen  years  of  age,  shall  fish, 
except  as  hereinafter  provided,  in  any  of  the  inland  waters 
of  the  commonwealth,  and  no  person  shall  use,  set,  tend  or 
maintain  any  trap,  or  take  or  attempt  to  take  any  mammal 


Acts,  1937. —Chap.  192.  167 

by  means  thereof,  without  first  having  obtained  a  sporting, 
hunting,  fishing  or  trapping  license,  or  a  special  fox-hunting 
license  issued  under  section  eight  A,  as  the  case  may  be, 
authorizing  him  so  to  do,  as  provided  in  the  four  following 
sections;  provided,  that  nothing  in  sections  five  to  twelve, 
inclusive,  shall  be  construed  as  affecting  in  any  way  the 
general  laws  relating  to  trespass,  or  as  authorizing  the  hunt- 
ing, or  the  possession  of,  birds  or  mammals,  contrary  to 
law,  or  the  taking  of  fish,  or  the  possession  thereof,  con- 
trary to  law.  But  said  last  mentioned  sections  shall  not 
prohibit  any  person  who  is  a  legal  resident  of  the  common- 
wealth or  any  member  of  his  immediate  family,  residing  on 
land  owned  or  leased  by  him,  from  hunting  or  trapping  on 
such  land  or  from  fishing  in  any  inland  waters  bordered  by 
such  land;  provided,  that  he  is  or  they  are  actually  domi- 
ciled thereon,  and  that  the  land  is  used  exclusively  for  agri- 
cultural purposes,  and  not  for  club,  shooting  or  fishing  pur- 
poses; and  provided,  further,  that  the  burden  of  proof  shall 
rest  upon  the  person  claiming  such  exemptions  to  show  that 
he  is  entitled  thereto. 

Section  2.    Said  chapter  one  hundred  and  thirty-one  is  g.  l.  (Xer. 
hereby  further  amended  by  inserting  after  section  eight  A,  ne'lv'siciion 
inserted  by  section  two  of  said  chapter  two  hundred  and  sb.  added. 
fourteen,  the  following  new  section:  —  Section  8B.    An  ex-  Complimentary 
ecutive  or  administrative  pubhc  official  of  any  state  grant-  certificates. 
ing  similar  privileges  to  such  an  officer  of  this  common- 
wealth may  hunt  any  bird  or  mammal  or  may  fish  in  any 
of  the  inland  waters  of  the  commonwealth  if  he  holds  a 
special  complimentary  certificate  entitling  him  so  to  do, 
which  certificate  the  director,  with  the  approval  of  the  gov- 
ernor and  the  commissioner,  is  hereby  authorized  to  issue, 
and  the  holder  of  such  certificate  shall  have  the  same  rights 
and  privileges  and  be  subject  to  the  same  duties  as  if  he 
held  a  sporting  license.  Approved  April  9,  1937. 


An  Act  relative  to  the  appointment  of  the  adjutant  nu^j^  100 

GENERAL    AND    OF    CERTAIN    OFFICERS    OF    THE    MASSACHU-  ^' 

SETTS   NATIONAL   GUARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty-two  of  chapter  thirty-three  g.  l.  (Tm-. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  amended  ^  ^^' 
tion,  is  hereby  amended  by  striking  out  the  paragraph  ap- 
pearing in  the  third  fine  and  inserting  in  place  thereof  the 
following :  — 

One  adjutant  general  with  the  grade  of  brigadier  general,  Adjutant 
who  shall  be  appointed  from  those  persons  who  are,  or  who  pointment!' 
previously  have  been,  active  commissioned  officers  of  the 
Massachusetts  National  Guard  with  a  grade  not  lower  than 
that  of  Heutenant  colonel. 

Section  2.    Section  ninety  of  said  chapter  thirty-three  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  paragraph   (k),  as  most  amended  *  ^' 


pointment  of. 


168  Acts,  1937. —Chap.  193. 

recently  amended  by  chapter  one  hundred  and  six  of  the 
acts  of  nineteen  hundred  and  thirty-four,  and  inserting  in 
place  thereof  the  following :  — 
2!il?f";nT^f  (^)  ^  niajor  general  commanding  a  division  shall  be  ap- 

pointed by  the  commander-in-chief  from  the  brigadier  gen- 
erals who  are  in  command  of  the  several  brigades  of  such 
division,  or  who  within  a  period  of  two  years  have  been 
in  command  of  such  brigades  and  have  had  active  service 
for  at  least  two  years  as  brigadier  generals. 

A  brigadier  general  commanding  an  infantry  brigade  shall 
be  appointed  by  the  commander-in-chief,  upon  recommenda- 
tion of  the  division  commander,  from  the  colonels  who  are 
in  command  of  the  several  infantry  regiments  of  the  divi- 
sion, or  who  within  a  period  of  two  years  have  been  in  com- 
mand of  such  regiments  and  have  had  active  service  for  at 
least  two  years  as  such  colonels. 

A  brigadier  general  commanding  an  artillery  brigade  shall 
be  appointed  by  the  commander-in-chief,  upon  recommen- 
dation of  the  division  commander,  from  the  colonels  who 
are  in  command  of  the  several  artillery  regiments  of  such 
brigade,  or  who  within  a  period  of  two  years  have  been  in 
command  of  such  regiments  and  have  had  active  service  for 
at  least  two  years  as  such  colonels. 

Regimental  and  separate  unit  commanders  shall  be  ap- 
pointed by  the  commander-in-chief  from  the  officers  of  said 
respective  regiments  and  units,  upon  the  recommendation 
of  superior  commanders,  if  any. 

All  other  officers  of  the  line  shall  be  appointed  by  the 
commander-in-chief,  upon  the  recommendation  of  regimental 
or  separate  unit  commanders,  approved  by  superior  com- 
manders. 

Departmental  officers  shall  be  appointed  by  the  com- 
mander-in-chief, upon  the  recommendation  of  the  chief  of 
the  department  in  which  the  appointment  is  to  be  made; 
provided,  that  if  such  an  officer  is  to  be  assigned  or  detailed 
to  an  organization  the  appointment  shall  be  upon  the  rec- 
ommendation of  its  commander. 

All  commissioned  officers  of  the  land  forces  shall  be  se- 
lected from  the  ehgible  officers'  list  provided  for  in  this 
section.  Chiefs  of  departments  shall  be  appointed  by  the 
commander-in-chief  from  said  list. 

Approved  April  10,  1937. 


C/iai>.193  An  Act  authorizing  the  city  of  lynn  to  pay  an  an- 
nuity  TO   THE   WIDOW   OF  ROGER   DWYER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lynn  shall  have  the  same  au- 
thority to  pay  an  annuity  under  the  provisions  of  section 
eighty-nine  of  chapter  thirty-two  of  the  General  Laws,  as 
most  recently  amended  by  chapter  three  hundred  and  twenty- 
six  of  the  acts  of  nineteen  hundred  and  thirty-six,  to  the 


Acts,  1937. —Chaps.  194,  195,  196.  169 

widow  of  Roger  Dwyer,  who  died  on  October  twelfth,  nine- 
teen hundred  and  twenty-eight,  from  injuries  received  on 
July  second,  nineteen  hundred  and  nineteen,  while  in  the 
performance  of  duty  as  a  member  of  its  police  department, 
as  though  the  injuries  causing  the  death  of  said  Dwyer  had 
been  received  after  January  first,  nineteen  hundred  and 
thirty. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  coun- 
cil of  said  city,  subject  to  the  provisions  of  its  charter. 

Approved  April  12,  1937. 

An  Act  authoeizing  the  temporary  reinstatement,  for  fhn^  104 

PURPOSES   OF   retirement   ONLY,    OF   J.    EDGAR   THOMPSON  ^' 

AS  A  MEMBER   OF  THE   FIRE   DEPARTMENT  OF  THE   CITY   OF 
SOMERVILLE. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  J.  Edgar  Thompson,  a  former  member  of 
the  fire  department  of  the  city  of  Somerville  may  be  rein- 
stated in  said  department  without  examination;  provided, 
that  such  reinstatement  shall  be  for  the  sole  purpose  of  re- 
tiring him  under  the  provisions  of  section  eighty  of  chapter 
thirty-two  of  the  General  Laws  or  any  other  pertinent  pro- 
vision of  said  chapter. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  mayor  and  board  of  aldermen  of  said  city, 
in  accordance  with  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  April  12,  1937. 

An  Act  changing  the  name  of  the  edison  electric  Qii^x)  195 

ILLUMINATING   COMPANY  OF  BROCKTON  TO   BROCKTON   EDI-  ^' 

SON    COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

The  name  of  The  Edison  Electric  Illuminating  Company 
of  Brockton,  a  corporation  incorporated  under  general  law 
on  March  twenty-second,  eighteen  hundred  and  eighty- 
three,  is  hereby  changed  to  Brockton  Edison  Company. 

Approved  April  13,  1937. 


Chap.im 


An  Act  relative  to  the  disclosure  by  municipalities 
or  officers  thereof  of  the  names  of  recipients  of 
state  aid,  military  aid  or  soldiers'  relief. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  forty  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  fifty-one,  as  appearing  in  the  Tercente-  ^^enj^d  ^  ^^' 
nary  Edition,  and  inserting  in  place  thereof  the  following:  — 
Section  51.     No  town  or  officer  thereof  shall  publish  in  any  Names  of  per- 
report  for  general  distribution  to  the  public  or  to  its  citizens  a?d^nLrtr7b°e^ 
the  names  of  persons  assisted  in  any  way  by  the  board  of  published. 


170  Acts,  1937. —Chaps.  197,  198,  199. 

public  welfare  of  the  town  or  publish  or  disclose  in  any  man- 
ner to  others  than  officers  of  any  city,  town  or  other  govern- 
mental agency  or  the  duly  authorized  agents  of  such  officers 
the  names  of  any  persons  residing  in  such  town  who  received 
aid  under  chapter  one  hundred  and  fifteen,  except  that  a 
duly  incorporated  charitable  corporation  shall  be  informed, 
upon  its  request,  as  to  whether  or  not  any  designated  person 
has  received  aid  under  said  chapter  one  hundred  and  fifteen. 

Approved  April  IS,  1937. 

Chap.197  An  Act  relative  to  the  use  of  lake  cochituate  in  the 

TOWN    OF   NATICK    FOR    BOATING   AND    FISHING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  such  reasonable  regulations  as 
may  be  made  by  the  metropolitan  district  commission,  it 
shall  be  lawful  for  any  inhabitant  of  the  town  of  Natick  to 
enter  any  boat  or  canoe,  or  go  in  any  boat  or  canoe,  or  to  fish 
therefrom,  in  or  upon  the  waters  of  so  much  of  Lake  Co- 
chituate in  the  town  of  Natick  as  lies  south  of  Worcester 
street  until  such  time  as  said  waters  are  used  for  water 
supply  purposes  of  the  metropolitan  water  district  as  au- 
thorized by  law. 

Section  2.  Any  person  violating  any  regulation  made 
under  section  one  shall  be  punished  by  a  fine  of  not  more  than 
twenty  dollars,  and  may  be  suspended  from  the  right  to  boat 
or  fish  as  aforesaid  for  such  time  as  said  commission  may 
deem  reasonable  and  just.  Approved  April  13,  1937. 

C/lftX).  198  An  Act  authorizing  the  city  of  boston  to  pay  a  certain 

SUM  of  money  to  the  widow  of  RICHARD  D.   GLEASON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  pubhc 
good,  the  city  of  Boston  may  pay  to  the  widovv^  of  Richard 
D.  Gleason,  who  served  faithfully  and  conscientiously  as  a 
member  of  the  city  council  of  said  city,  a  sum  of  money  equal 
to  the  balance  of  the  salary  to  which  he  would  have  been 
entitled  had  he  lived  and  continued  to  serve  until  the  end  of 
the  term  for  which  he  was  elected  as  city  councillor. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  vote  of  the  city  council  of  said 
city,  subject  to  the  provisions  of  its  charter,  but  not  other- 
wise. Approved  April  13,  1937. 

C/iap.  199  An  Act  relative  to  certain  firearms  the  serial  or 
identification  numbers  of  WHICH  have  been  re- 
moved, defaced,  altered,  obliterated  or  mutilated. 

Be  it  enacted,  etc.,  as  follows: 

BdVim^'  Chapter  two  hundred  and  sixty-nine  of  the  General  Laws 

new  sections      is   hereby  amended   by  inserting  after  section   eleven,  as 


Acts,  1937. —Chap.  199.  171 

appearing  in  the  Tercentenary  Edition,  under  the  heading  iia-iid, 

TAMPERING   WITH    IDENTIFYING    NUMBERS    OF   CERTAIN    FIRE-  *'^'^^'^' 

ARMS,  the  four  following  new  sections:  —  Section  11  A.  For 
the  purposes  of  this  section  and  sections  eleven  B,  eleven  C 
and  eleven  D,  the  following  words  shall  have  the  following 
meanings :  — 

"Firearm",  a  firearm  as  defined  in  section  one  hundred  Definitions, 
and  twenty-one  of  chapter  one  hundred  and  forty,  or  a  rifle 
or  shotgun. 

"Serial  number",  the  number  stamped  or  placed  upon  a 
firearm  by  the  manufacturer  in  the  original  process  of  manu- 
facture. 

"Identification  number",  the  number  stamped  or  placed 
upon  a  firearm  by  the  commissioner  of  public  safety  under 
authority  of  section  eleven  D. 

Section  IIB.     Whoever,  while  in  the  commission  or  at-  Penalty  for 
tempted  commission  of  a  felony,  has  in  his  possession  or  E^earms"'^  ° 
under  his  control  a  firearm  the  serial  number  or  identifica-  faced"eto^ 
tion  number  of  which  has  been  removed,  defaced,  altered, 
obliterated  or  mutilated  in  any  manner  shall  be  punished 
by  imprisonment  in  the  state  prison  for  not  less  than  two  and 
one  half  nor  more  than  five  years,  or  in  a  jail  or  house  of 
correction  for  not  less  than  six  months  nor  more  than  two 
and  one  half  years. 

Section  IIC.  Whoever,  by  himself  or  another,  removes,  Penalty  for 
defaces,  alters,  obliterates  or  mutilates  in  any  manner  the  aeriarnumbera 
serial  number  or  identification  number  of  a  firearm,  or  in 
an}'  way  participates  therein,  and  whoever  receives  a  fire- 
arm with  knowledge  that  its  serial  number  or  identification 
number  has  been  removed,  defaced,  altered,  obliterated  or 
mutilated  in  any  manner,  shall  be  punished  by  a  fine  of  not 
more  than  two  hundred  dollars  or  by  imprisonment  for  not 
less  than  one  month  nor  more  than  two  and  one  half  years. 
Possession  or  control  of  a  firearm  the  serial  number  or 
identification  number  of  which  has  been  removed,  defaced, 
altered,  obliterated  or  mutilated  in-  any  manner  shall  be 
prima  facie  evidence  that  the  person  having  such  possession 
or  control  is  guilty  of  a  violation  of  this  section;  but  such 
prima  facie  evidence  may  be  rebutted  by  evidence  that 
such  person  had  no  knowledge  whatever  that  such  number 
had  been  removed,  defaced,  altered,  obliterated  or  muti- 
lated, or  by  evidence  that  he  had  no  guilty  knowledge 
thereof  and  that  prior  to  his  prosecution  on  the  charge  of 
a  violation  of  this  section  he  presented  such  weapon  to  the 
commissioner  of  public  safety  and  requested  said  commis- 
sioner to  stamp  or  place  an  identification  number  thereon. 

Section  IID.     The  commissioner  of  public  safety,  upon  identification 
request  of  the  lawful  owner  of  a  firearm  having  no  serial  Cy'comr^s"^'* 
number  and  no  identification  number,  or  having  a  serial  sioner. 
number  which  is  not  as  stamped  or  placed  thereon  by  its 
manufacturer  and  having  no  identification  number,  or  the 
identification  number  of  which  is  not  as  stamped  or  placed 
thereon  by  the  commissioner  under  authority  hereof,  as  the 


172  Acts,  1937. —Chaps.  200,  201. 

case  may  be,  shall  stamp  or  place  thereon  an  identification 
number.  The  commissioner  shall  keep  a  complete  record  of 
every  such  firearm,  together  with  the  full  name,  address  and 
occupation  of  each  person  making  such  a  request. 

Approved  April  13,  1937. 

Chap. 200  An  Act  authorizing  the  sale  of  certain  land  in  the 

TOWN    OF   NORFOLK    OWNED    BY   THE    COMMONWEALTH    AND 
USED    FOR   PURPOSES   OF   THE    STATE    PRISON    COLONY. 

Be  it  enacted,  etc.,  as  follows: 

The  commissioner  of  correction  in  the  name  and  on  be- 
half of  the  commonwealth  may  sell  and  convey  a  certain 
parcel  of  land  in  the  town  of  Norfolk  used  for  the  purposes 
of  said  prison  colony  and  not  now  needed  therefor,  said 
parcel  being  bounded  and  described  as  follows :  —  Begin- 
ning at  the  northerly  corner  of  said  parcel  at  a  stone  bound 
on  the  southerly  side  of  Main  street  and  thence  running 
south  40°-29'-20"  east  about  one  hundred  and  forty-seven 
and  eighty-two  hundredths  feet  to  a  stake,  thence  south 
70°-26'-10"  west  about  eighty-nine  and  eighty-eight  hun- 
dredths feet  to  a  stake  adjoining  the  land  of  Henry  C.  and 
Annie  M.  Walker,  thence  north  4°-31'-50"  west  by  land  of 
aforesaid  Henry  C.  and  Annie  M.  Walker  about  one  hun- 
dred and  forty-two  and  ninety-five  hundredths  feet  to  the 
point  of  beginning.  All  of  the  above  as  shown  and  described 
as  lot  C  on  a  plan  entitled  "Plan  of  Land  in  Norfolk,  Mass. 
Scale  1  in.  20  ft.  April  14,  1936,  Kenneth  E.  Mclntyre, 
Civil  Engineer,  Walpole,  Mass." 

Approved  April  13,  1937. 


Chap.201  An  Act  limiting  the  hours  in  the  evening  during  which 

THE  POLLS  MAY  BE  OPEN  AT  STATE  AND  PARTY  PRIMARIES. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'53l'43        Section  forty-three  of  chapter  fifty-three  of  the  General 
etc'., 'amended'.    Laws,  as  amended  by  section  eleven  of  chapter  three  hun- 
dred and  ten  of  the  acts  of  nineteen  hundred  and  thirty- 
two,  is  hereby  further  amended  by  adding  at  the  end  the 
following  sentence :  —  The  polls  shall  in  no  case  be  kept 
open  after  eight  o'clock  in  the  evening,  —  so  as  to  read  as 
Srbeo"^en     follows:  —  Sectiou  43.    The  polls  at  every  primary  shall  be 
at  primaries,      opcu  duriug  such  hours,  not  Icss  than  nine  in  cities  or  two  in 
towns,  as  may  be  designated  by  the  aldermen  in  cities,  and 
in  towns  by  by-law  or  vote,  or,  in  default  of  such  by-law  or 
vote,  by  the  selectmen.     The  polls  shall  in  no  case  be  kept 
open  after  eight  o'clock  in  the  evening. 

Approved  April  13,  1937. 


Acts,  1937.  —  Chaps.  202,  203.  173 

An  Act  relative  to  the  pensions  payable  to  certain  Qhav  202 

RETIRED  PUBLIC  SCHOOL  JANITORS  IN   CERTAIN   CITIES  AND 
TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Pensions  payable  by  a  city  or  town  to  public  school  jani- 
tors, formerly  employed  by  it  and  retired  under  the  provi- 
sions of  section  forty-four  of  chapter  thirty-two  of  the  Gen- 
eral Laws  prior  to  the  effective  date  of  chapter  two  hundred 
and  twenty-three  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  may  be  increased  to  the  amount  authorized  by  said 
section  forty-four,  as  amended  by  said  chapter  two  hundred 
and  twenty-three.  Approved  April  13,  1937. 


Chap.20S 


An  Act  further  reducing  the  rate  of  interest  on 
unpaid  local  taxes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifty-seven  of  chapter  fifty-nine  of  S.^iPj^ 
the  General  Laws,  as  most  recently  amended  by  section  one  etc!, 'amended'. 
of  chapter  one  hundred  and  fifty-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-five,  is  hereby  further  amended  by 
striking  out,  in  the  sixth  line,  the  word  "five"  and  inserting 
in  place  thereof  the  words :  —  four  and  one  half,  —  so  as  to 
read  as  follows:  —  Section  57.  Taxes  shall  be  payable  in  Date  for  pay- 
every  city,  town  and  district  in  which  the  same  are  assessed,  "'^^*'  °^  t^'^^^- 
in  two  equal  instalments,  on  July  first  and  on  October  first 
of  each  year,  and  bills  for  the  same  shall  be  sent  out  not 
later  than  June  fourteenth  of  each  year.  Interest  shall  be  interest. 
paid  at  the  rate  of  four  and  one  half  per  cent  per  annum  on 
all  taxes  remaining  unpaid  after  November  first  of  the  year 
in  which  they  are  payable,  computed  from  October  first  of 
such  year,  and,  by  way  of  penalty,  at  the  additional  rate  of 
one  and  one  half  per  cent  per  annum  on  so  much  of  the 
taxes  assessed  to  any  taxpayer  in  any  one  city  or  town  and 
remaining  unpaid  after  December  thirty-first  of  the  year  in 
which  they  are  payable  as  is  in  excess  of  three  hundred  dol- 
lars, computed  from  October  first  of  such  year.  Bills  for 
taxes  assessed  under  section  seventy-five  shall  be  sent  out 
not  later  than  December  twenty-sixth,  and  such  taxes  shall 
be  payable  not  later  than  December  thirty-first.  If  they 
remain  unpaid  after  that  date,  interest  shall  be  paid  at  the 
rates  above  specified,  computed  from  December  thirty-first 
until  the  day  of  payment,  but  if,  in  any  case,  the  tax  bill  is 
sent  out  later  than  December  twenty-sixth,  said  taxes  shall 
be  payable  not  later  than  ten  days  from  the  da}^  upon 
which  said  bill  is  sent  out,  and  interest  shall  be  computed 
from  the  fifteenth  day  following  the  date  when  the  tax  be- 
comes due.  In  all  cases  where  interest  is  payable  it  shall  be 
added  to  and  become  a  part  of  the  tax. 

Section  2.     This  act  shall  apply  only  to  taxes  assessed  ^^^^^^''^ 
in  the  current  year  and  thereafter. 

Approved  April  14,  1937. 


174  Acts,  1937.  —  Chaps.  204,  205. 


Chap. 204:  An  Act  authorizing  the  town  of  fairhaven  to  borrow 

MONEY     FOR     THE      PURPOSE     OF     IMPROVING     FAIRHAVEN 
HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  meeting  the  share  of  the 
town  of  Fairhaven  of  the  cost  of  the  work  of  improving  Fair- 
haven  harbor,  by  dredging  and  otherwise,  said  work  to  be 
done  by  said  town  itself,  or  by  said  town  in  co-operation  with 
the  federal  government  and  the  state  department  of  pubhc 
works,  or  either  of  them,  the  said  town  of  Fairhaven  may 
borrow  from  time  to  time,  within  a  period  of  five  years  from 
the  passage  of  this  act,  such  sums  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  sixteen  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Fairhaven  Harbor  Improvement  Loan,  Act 
of  1937.  Each  authorized  issue  shall  constitute  a  separate 
loan,  and  such  loans  shall  be  paid  in  not  more  than  five  years 
from  their  dates,  but  no  issue  shall  be  authorized  under  this 
act  unless  a  sum  equal  to  an  amount  not  less  than  ten  per 
cent  of  such  authorized  issue  is  voted  for  the  same  purpose 
to  be  raised  by  the  tax  levy  of  the  year  when  authorized. 
Indebtedness  incurred  under  this  act  shall  be  inside  the 
statutory  limit,  and  shall,  except  as  provided  herein,  be  sub- 
ject to  chapter  forty-four  of  the  General  Laws,  exclusive  of 
the  limitation  contained  in  the  first  paragraph  of  section 
seven  thereof. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  16,  1937. 


Chap.205  An  Act  relative  to  the  funding  of  assessments  on 

ACCOUNT  OF  ALTERATIONS  AND  ADDITIONS  TO  THE  MIDDLE- 
SEX   COUNTY   TUBERCULOSIS   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  five  of  chapter  four  hundred  and 
seventeen  of  the  acts  of  nineteen  hundred  and  thirty-five 
is  hereby  amended  by  striking  out,  in  the  fourth  and  fifth 
lines,  the  word  "thirty-seven"  and  inserting  in  place  thereof 
the  word :  —  thirty-eight,  —  so  as  to  read  as  follows :  — 
Section  5.  A  municipahty  of  the  said  hospital  district  shall 
be  entitled  to  participate  in  the  benefits  provided  by  section 
four  only  if  it  files  with  said  county  commissioners,  not 
later  than  April  fifteenth,  nineteen  hundred  and  thirty- 
eight,  an  election  that  all  or  any  specified  portion  of  its 
then  outstanding  assessments  on  account  of  the  expendi- 
tures authorized  by  section  one  of  this  act  shall  be  funded 
as  herein  authorized,  executed,  in  case  of  a  city,  in  accord- 
ance with  a  vote  of  its  city  council  approved  by  the  mayor 
thereof,  or,  in  case  of  a  town,  in  accordance  with  a  vote  of 
its  town  meeting,  and  any  such  municipality  may  specify 


Acts,  1937. —Chaps.  206,  207.  175 

in  such  election  a  lesser  period  than  the  maximum  term  pro- 
vided for  the  funding  loan  authorized  hereby,  for  the  pay- 
ment by  it  of  assessments  on  account  of  such  loan. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  16,  1937. 

An  Act  relative  to  the  pensions  of  foremen,  inspectors,  Qhav  206 

MECHANICS,  DRAW  TENDERS,  ASSISTANT  DRAW  TENDERS  AND  ' 

storekeepers  FORMERLY  IN  THE  EMPLOY  OF  THE  CITY  OF 
SALEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Pensions  payable  by  the  city  of  Salem  to 
foremen,  inspectors,  mechanics,  draw  tenders,  assistant  draw 
tenders  and  storekeepers,  formerly  in  the  employ  of  said 
city  and  retired  under  the  provisions  of  section  seventy- 
seven  of  chapter  thirty-two  of  the  General  Laws,  prior  to 
the  acceptance  by  said  city  of  the  provisions  of  paragraph 
(c)  of  said  section,  may  be  increased  to  the  amount  author- 
ized by  said  paragraph  (c). 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  16,  1937. 

An  Act  relative  to  an  investigation  by  the  town  of  Chav  207 

WEST  SPRINGFIELD  WITH  RESPECT  TO  THE  ACQUISITION  OF 
additional  SOURCES  OF  WATER  SUPPLY  FOR  SAID  TOWN 
AND    ITS   INHABITANTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  West  Springfield,  in  investi- 
gating the  matter  of  acquiring  additional  sources  of  water 
supply  for  said  town  and  its  inhabitants,  may  enter  upon 
any  lands  within  said  town,  within  any  municipality  ad- 
joining said  town  and  within  the  town  of  Southwick,  for  the 
purpose  of  making  surveys,  test  pits  and  borings,  and  may 
take  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws,  or  otherwise  acquire,  the  right  to  occupy  tem- 
porarily any  such  lands  necessary  for  the  purposes  hereof; 
provided,  that  said  town  of  West  Springfield  shall  not  enter 
upon  the  location  of  any  railroad  corporation  except  at  such 
time  and  in  such  manner  as  it  may  agree  upon  with  such 
corporation,  or,  in  case  of  failure  so  to  agree,  as  may  be 
approved  b}^  the  department  of  pubUc  utilities. 

Section  2.  Any  person  injured  in  his  property  by  any 
taking  under  this  act  or  any  other  thing  done  under  author- 
ity thereof  may  recover  damages  therefor  from  said  town  of 
West  Springfield  under  said  chapter  seventy-nine. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  16,  1937. 


176 


Acts,  1937.  —  Chap.  208. 


C hap. 20S  An  Act  making  uniform  the  law  as  to  extra-territorial 

ARREST  ON  FRESH  PURSUIT  AND  AUTHORIZING  THIS  COM- 
MONWEALTH TO  CO-OPERATE  WITH  OTHER  STATES  IN  CON- 
NECTION  THEREWITH. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  276, 
new  sections 
lOA-lOD, 
added. 


Fresh  pur- 
suit, arrest 
by  ofBcers. 


Arresting 
officer  to 
present  per- 
son to  court. 


Invalidity  of 
part  of  act, 
effect  of. 


Act,  how  cited. 


Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  seventy-sLx  of  the 
General  Laws  is  hereby  amended  by  inserting  after  section 
ten,  as  appearing  in  the  Tercentenary  Edition,  the  following 
four  new  sections  under  the  caption  extra-territorial 
arrest  on  FRESH  PURSUIT:  —  Section  10 A.  Any  member 
of  a  duly  organized  state,  county  or  municipal  peace  unit  of 
another  state  of  the  United  States  the  laws  of  which  contain 
provisions  substantially  equivalent  to  the  provisions  of  this 
and  the  following  section,  who  enters  this  commonwealth  in 
fresh  pursuit,  and  continues  herein  in  such  fresh  pursuit,  of 
a  person  in  order  to  arrest  him  on  the  ground  that  he  has 
committed  a  felony  in  such  other  state  shall  have  the  same 
authority  to  arrest  and  hold  in  custody  such  person  as  mem- 
bers of  a  duly  organized  state,  county  or  municipal  peace 
unit  of  this  commonwealth  have  to  arrest  and  hold  in  custody 
a  person  on  the  ground  that  he  has  committed  a  felony  in  this 
commonwealth.  This  section  shall  not  be  construed  so  as  to 
make  unlawful  any  arrest  in  this  commonwealth  which  would 
otherwise  be  lawful. 

Section  lOB.  If  an  arrest  is  made  in  this  commonwealth 
by  an  officer  of  another  state  in  accordance  with  the  pro- 
visions of  the  preceding  section  he  shall  without  unnecessary 
delay  take  the  person  arrested  before  a  justice,  associate 
justice  or  special  justice  of  a  court  of  record  in  the  county  in 
which  the  arrest  was  made,  who  shall  conduct  a  hearing  for 
the  purpose  of  determining  the  lawfulness  of  the  arrest.  If 
such  justice,  associate  justice  or  special  justice  determines 
that  the  arrest  was  lawful  he  shall  commit  the  person  arrested 
to  await  for  a  reasonable  time  the  is.suance  of  a  rendition 
warrant  by  the  governor  of  the  state  from  which  he  fled.  If 
such  justice,  associate  justice  or  special  justice  determines 
that  the  arrest  was  unlawful  he  shall  discharge  the  person 
arrested. 

Section  IOC.  If  any  part  of  sections  ten  A  and  ten  B  is 
for  any  reason  declared  void,  it  is  declared  to  be  the  intent 
of  said  sections  that  such  invalidity  shall  not  affect  the 
validity  of  the  remaining  portions  of  said  sections. 

Section  lOD.  Sections  ten  A  to  ten  C,  inclusive,  may  be 
cited  as  the  uniform  extra-territorial  arrest  on  fresh  pursuit 
law,  and  shall  be  so  interpreted  and  construed  as  to  effectu- 
ate their  general  purpose  to  make  uniform  the  law  of  the 
states  which  enact  similar  laws. 


Acts,  1937. —Chaps.  209,  210.  177 

Section  2.     As  soon  as  practicable  after  this  act  has  the  Copies  of  act 
force  of  law,  the  state  secretary  shall  certify  a  copy  thereof  othw  states" 
to  the  executive  department  of  each  of  the  states  of  the 
United  States.  Approved  April  16,  1937. 


Chap.209 


An  Act  relative  to  the  effect  of  tax  sales  on  cove- 
nants AND   agreements  RUNNING   WITH   THE   LAND. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  forty-five  of  chapter  sixty  of  the  General  Laws,  o.  l.  (Ter. 
as  amended  by  section  four  of  chapter  three  hundred  and  S^.^'amendtd'. 
twenty-five  of  the  acts  of  nineteen  hundred  and  thirty- 
three,  is  hereby  further  amended  by  inserting  after  the  word 
"thereto"  in  the  eighteenth  line  the  following:  —  ,  and  all 
covenants  and  agreements  running  with  said  premises  either 
at  law  or  in  equity,  —  so  as  to  read  as  follows:  —  Section  1^.5.  Collector's 
The  collector  shall  execute  and  deliver  to  the  purchaser  a  tents' and 
deed  of  the  land,  stating  the  cause  of  sale,  the  price  for  which  ^^^'^^' 
the  land  was  sold,  the  name  of  the  person  on  whom  the  de- 
mand for  the  tax  was  made,  the  places  where  the  notices  were 
posted,  the  name  of  the  newspaper  in  which  the  advertise- 
ment of  the  sale  was  published,  and  the  residence  of  the 
grantee,  and  shall  contain  a  warranty  that  the  sale  has  in 
all  particulars  been  conducted  according  to  law.  The  deed 
shall  convey  the  land  to  the  purchaser,  subject  to  the  right 
of  redemption.  The  title  thus  conveyed  shall,  until  redemp- 
tion or  until  the  right  of  redemption  is  foreclosed  as  herein- 
after provided,  be  held  as  security  for  the  repayment  of  the 
purchase  price,  with  all  intervening  costs,  terms  imposed  for 
redemption  and  charges,  with  interest  thereon,  and  the  prem- 
ises conveyed  shall  also  be  subject  to  and  have  the  benefit 
of  all  easements  and  restrictions  lawfully  existing  in,  upon  or 
over  said  land  or  appurtenant  thereto,  and  all  covenants  and 
agreements  running  with  said  premises  either  at  law  or  in 
equity,  when  so  taken.  Such  deed  shall  not  be  valid  unless 
recorded  within  sixty  days  after  the  sale.  If  so  recorded  it 
shall  be  prima  facie  evidence  of  all  facts  essential  to  the 
validity  of  the  title  thereby  conveyed,  whether  the  deed  was 
executed  on  or  before  as  well  as  since  July  first,  nineteen 
hundred  and  fifteen.  No  sale  hereafter  made  shall  give  to 
the  purchaser  any  right  to  possession  of  the  land  until  the 
expiration  of  two  years  after  the  date  of  the  sale. 

Approved  April  16,  1937. 


Chap.2l0 


An  Act  making  uniform  the  law  securing  the  attend- 
ance of  w^itnesses  from  without  a  state  in  criminal 
proceedings. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  thirty-three  of  the  o.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  n^^  sections 
thirteen,  as  appearing  in  the  Tercentenary  Edition,  the  fol-  i3a-i3D, 

added. 


178 


Acts,  1937. —Chap.  210. 


Certificate 
of  court 
requiring 
witness  to 
attend  court 
without  the 
state. 


Hearing. 


Witness  may 
be  taken  into 
custody. 


Fees  of 
witness. 


lowing  four  new  sections:  —  Section  ISA.  If  a  certificate 
wherein  a  judge  of  a  court  of  record  in  any  state  which  by  its 
laws  has  made  provision  for  commanding  persons  within  its 
borders  to  attend  and  testify  in  criminal  actions,  prosecutions 
and  other  criminal  proceedings  pending,  or  grand  \\ivy  inves- 
tigations and  other  proceedings  commenced  or  about  to  com- 
mence, in  this  commonwealth  certifies  under  the  seal  of  such 
court  that  there  is  a  criminal  proceeding  pending  in  such 
court,  or  that  a  grand  jury  investigation  or  proceeding  has 
commenced  or  is  about  to  commence  within  the  jurisdiction 
of  such  court,  that  a  person  being  within  this  commonwealth 
is  a  material  witness  in  such  proceeding  or  investigation  and 
that  his  presence  will  be  required  for  a  specified  number  of 
days,  is  presented  to  a  justice  of  the  superior  court  sitting  in 
and  for  the  county,  or  the  justice  or  a  special  justice  of  the 
district  court  in  the  judicial  district,  in  which  such  person  is, 
such  justice  or  special  justice  shall  make  an  order  directing 
such  person  to  appear  at  a  time  and  place  certain  for  a  hear- 
ing upon  the  question  of  compelling  his  attendance  at  such 
proceeding  or  investigation. 

If  at  the  hearing  the  justice  or  special  justice  determines 
that  the  witness  is  material  and  necessary,  that  it  will  not 
cause  undue  hardship  to  the  witness  to  be  compelled  to  attend 
and  testify  in  the  proceeding  or  investigation  in  such  other 
state,  and  that  the  laws  of  such  other  state  and  of  any  other 
state  through  which  the  witness  may  be  required  to  pass  by 
the  ordinary  traveled  route  will  give  to  him  protection  from 
arrest  and  the  service  of  process,  civil  or  criminal,  as  pro- 
vided in  section  thirteen  C,  he  shall  issue  a  summons,  which 
term  shall  include  a  subpoena,  order  or  other  notice  requiring 
the  appearance  of  a  witness  in  any  state  where  such  process 
is  used  in  lieu  of  a  summons,  with  a  copy  of  such  certificate 
attached,  directing  the  witness  to  attend  and  testify  in  the 
coiu-t  where  the  proceeding  is  pending,  or  before  the  grand 
jury  before  which  the  investigation  or  proceeding  has  com- 
menced or  is  about  to  commence,  at  a  time  and  place  specified 
in  the  summons.  At  any  such  hearing  such  certificate  shall 
be  prima  facie  evidence  of  all  the  facts  stated  therein. 

If  in  any  such  certificate  it  is  recommended  that  the  witness 
be  taken  into  immediate  custody  and  delivered  to  an  officer 
of  the  requesting  state  to  assure  his  attendance  at  such  a 
proceeding  or  investigation  therein,  such  justice  or  special 
justice  may,  in  lieu  of  notification  of  the  hearing,  direct  that 
such  witness  be  forthwith  brought  before  him  for  said  hearing 
and  the  justice  or  special  justice  at  the  hearing,  if  satisfied 
of  the  desirability  of  such  custody  and  delivery,  for  which 
determination  such  certificate  shall  be  prima  facie  evidence 
of  such  desirability,  may,  in  lieu  of  issuing  a  summons,  order 
that  said  witness  be  taken  into  custody  and  delivered  to  an 
officer  of  the  requesting  state. 

If  a  witness  who  is  summoned  as  hereinbefore  provided, 
after  being  paid  or  tendered  by  some  properly  authorized 
person  the  sum  of  ten  cents  a  mile  for  each  mile  by  the 


Acts,  1937. —Chap.  210.  179 

ordinary  traveled  route  to  and  from  the  place  where  the 
proceeding  is  pending,  or  the  grand  jury  investigation  or 
proceeding  has  commenced  or  is  about  to  commence,  and  five 
dollars  for  each  day  that  he  is  required  to  travel  and  attend 
as  a  witness,  fails  without  good  cause  to  attend  and  testify 
as  directed  in  the  summons,  he  shall  be  punished  in  the  man- 
ner provided  for  the  punishment  of  a  witness  who  disobeys  a 
summons  issued  from  a  court  of  record  of  this  commonwealth. 

Section  13B.     If  a  person  in  any  state  which  by  its  laws  Certificate 
has   made    provision   for   commanding    persons   within   its  tendance  of" 
borders  to  attend  and  testify  in  criminal  proceedings  pend-  JJ^p^^^fij^j^t 
ing,    or   grand   jury   investigations   and    proceedings   com-  the  state. 
menced  or  about  to  commence,  in  this  commonwealth  is  a 
material  witness  in  a  criminal  proceeding  pending  in  a  court 
of  record  of  this  commonwealth,  or  in  a  grand  jury  investi- 
gation or  proceeding  which  has  commenced  or  is  about  to 
commence  within  the  jurisdiction  of  such  a  court  of  record,  a 
justice  or  special  justice  of  such  court  may  issue  a  certificate 
under  the  seal  of  the  court,  stating  such  facts  and  specifying 
the  number  of  days  the  witness  will  be  required,  which  certifi- 
cate may  be  presented  in  accordance  with  the  laws  of  such 
other  state  to  a  magistrate  or  officer  thereof  for  appropriate 
action  to  secure  the  attendance  of  such  witness  in  this  com- 
monwealth.   Such  certificate  may  include  a  recommendation 
that  the  witness  be  taken  into  immediate  custody  and  de- 
livered to  an  officer  of  this  commonwealth  to  assure  his 
attendance  in  this  commonwealth. 

If  the  witness  is  summoned  to  attend  and  testify  in  this  witness 
commonwealth  he  shall  be  tendered  the  sum  of  ten  cents  a  *^^^' 
mile  for  each  mile  by  the  ordinary  traveled  route  to  and  from 
the  place  where  the  criminal  proceeding  is  pending,  or  the 
grand  jury  investigation  or  proceeding  has  commenced  or  is 
about  to  commence,  and  five  dollars  for  each  day  that  he  is 
required  to  travel  and  attend  as  a  witness.  A  witness  who 
has  appeared  in  accordance  with  the  provisions  of  the  sum- 
mons shall  not  be  required  to  remain  within  this  common- 
wealth a  longer  period  of  time  than  the  period  mentioned  in 
the  certificate,  unless  otherwise  ordered  by  the  court  having 
jurisdiction  of  the  criminal  proceeding  or  grand  jury  investi- 
gation or  proceeding;  and  any  court  order  that  such  witness 
remain  after  the  time  for  which  he  was  summoned  shall  be 
conditioned  upon  the  immediate  tender  to  him  of  five  dollars 
for  each  day  dm^ing  which  his  further  attendance  as  a  witness 
is  ordered.  If  such  a  witness,  after  coming  into  this  com- 
monwealth, fails  without  good  cause  to  attend  and  testify 
as  directed  in  the  summons,  he  shall  be  punished  in  the  man- 
ner provided  for  the  punishment  of  a  witness  who  disobeys 
a  summons  issued  from  a  court  of  record  of  this  common- 
wealth. 

Section  13C.     If  a  person  comes  into  this  commonwealth  Exemption 
in  obedience  to  a  summons  or  order  directing  him  to  attend  etc.,  of  wit- 
and  testify  in  a  criminal  proceeding  or  grand  jury  investiga-  "^thin'thl 
tion  or  proceeding  in  this  commonwealth  he  shall  not,  while  state. 


180 


Acts,  1937. —Chap.  211. 


Sections, 
how  cited. 


Copies  of  act 
to  be  sent  to 
other  states. 


in  this  commonwealth  pursuant  to  such  summons  or  order, 
be  subject  to  arrest  or  the  service  of  process,  civil  or  criminal, 
in  connection  with  matters  which  arose  before  his  entrance 
into  this  commonwealth  under  the  summons  or  order. 

If  a  person  passes  through  this  commonwealth  while  going 
to  another  state  in  obedience  to  a  summons  or  order  to  attend 
and  testify  in  a  criminal  proceeding  or  grand  jury  investiga- 
tion or  proceeding  in  that  state,  or  while  returning  therefrom, 
he  shall  not,  while  so  passing  through  this  commonwealth,  be 
subject  to  arrest  or  the  service  of  process,  civil  or  criminal,  in 
connection  with  matters  which  arose  before  his  entrance  into 
this  commonwealth  under  the  summons  or  order. 

Nothing  in  this  section  or  either  of  the  two  preceding 
sections  shall  preclude  action  under  sections  twelve  and 
thirteen  or  under  similar  reciprocal  provisions  of  law  in  other 
states. 

Section  13D.  Sections  thirteen  A  to  thirteen  C,  inclusive, 
may  be  cited  as  the  uniform  law  to  secure  the  attendance  of 
witnesses  from  without  a  state  in  criminal  proceedings,  and 
shall  be  so  interpreted  and  construed  as  to  effectuate  their 
general  purpose  to  make  uniform  the  law  of  the  states  which 
enact  similar  laws. 

Section  2.  As  soon  as  practicable  after  this  act  has  the 
force  of  law,  the  state  secretary  shall  certify  a  copy  thereof  to 
the  executive  department  of  each  of  the  states  of  the  United 
States.  Approved  April  16,  1937. 


Chap. 211  An  Act  relative  to  non-partisan  municipal  elections 

IN   THE    CITY    OF   SOMERVILLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  first  paragraph  of  section  three  of  chap- 
ter two  hundred  and  eighty-one  of  the  acts  of  nineteen  hun- 
dred and  thirty-two,  as  amended  by  chapter  three  hundred 
and  eleven  of  the  acts  of  nineteen  hundred  and  thirty-six,  is 
hereby  further  amended  by  striking  out,  in  the  tenth  line, 
the  word  "sixth"  and  inserting  in  place  thereof  the  word: 
—  seventh,  —  so  as  to  read  as  follows:  —  Any  person  who 
is  qualified  to  vote  at  any  regular  or  special  election  for  a 
candidate  for  any  elective  municipal  office  in  said  city,  and 
who  is  a  candidate  for  nomination  thereto,  shall  be  entitled 
to  have  his  name  as  such  candidate  printed  on  the  official 
ballot  to  be  used  at  a  preliminary  election  for  nomination 
therefor;  provided,  that  if  he  is  a  candidate  to  be  voted  for 
in  a  single  ward  he  is  a  registered  voter  in  the  ward  wherein 
he  is  a  candidate;  and  provided,  further,  that  on  or  before 
five  o'clock  in  the  afternoon  of  the  seventh  Tuesday  pre- 
ceding such  regular  or  special  municipal  election  there  shall 
be  submitted  to  the  board  of  election  commissioners,  here- 
inafter called  the  board,  a  nomination  paper  prepared  and 
issued  by  the  board,  wherein  the  candidate  sets  forth  in 
writing  his  candidacy,  and  wherein  the  petition  is  signed  by 


Acts,  1937. —Chap.  211.  181 

voters  of  the  city  qualified  to  vote  for  a  candidate  for  said 
office  to  the  number  of  at  least  two  hundred  and  fifty  for 
the  office  of  mayor,  one  hundred  and  fifty  for  the  office  of 
alderman  at  large  and  one  hundred  for  the  office  of  ward 
alderman  and  of  member  of  the  school  committee,  whose 
signatures  are  certified  as  hereinafter  provided. 

Section  2.  Section  four  of  said  chapter  two  hundred 
and  eighty-one  is  hereby  amended  by  striking  out,  in  the 
ninth  fine,  the  word  "fifth"  and  inserting  in  place  thereof 
the  word:  —  sixth,  —  so  as  to  read  as  follows:  —  Section  4. 
After  any  such  nomination  paper  has  been  submitted  to 
the  board,  it  shall  certify  thereon  the  number  of  signatures 
which  are  the  names  of  registered  voters  in  said  city  quali- 
fied to  sign  the  same.  All  such  papers  found  not  to  contain 
a  number  of  names  so  certified  equivalent  to  the  number 
required  to  make  a  nomination  shall  be  invaUd,  and  such 
papers  shall  be  preserved  by  the  board  for  one  year.  The 
board  shall  complete  their  certification  on  or  before  five 
o'clock  in  the  afternoon  of  the  sixth  Tuesday  preceding  such 
regular  or  special  municipal  election,  and  the  board,  or  some 
member  thereof,  shall  file  in  their  office  on  or  before  five 
o'clock  in  the  afternoon  of  the  next  day  all  papers  not  found 
to  be  invalid  as  aforesaid. 

Section  3.  The  first  paragraph  of  section  five  of  said 
chapter  two  hundred  and  eighty-one,  as  amended  by  chapter 
sixty-two  of  the  acts  of  nineteen  hundred  and  thirty-four, 
is  hereby  further  amended  by  striking  out,  in  the  ninth 
line,  the  words  "seventy-two  hours"  and  inserting  in  place 
thereof  the  words :  —  seven  days,  —  and  by  inserting  after 
the  word  "of"  in  the  eleventh  line  the  words:  —  objections 
to,  —  so  as  to  read  as  follows:  —  On  the  first  day,  other 
than  a  legal  holiday,  following  the  expiration  of  the  time 
for  filing  the  above  described  nomination  papers,  the  board 
shall  post  in  a  conspicuous  place  in  their  office  the  names 
and  residences  of  the  candidates  for  nomination  who  have 
duly  qualified  as  such,  as  they  are  to  appear  on  the  official 
ballots  to  be  used  at  the  preliminary  election,  except  as  to 
the  order  of  the  names,  which  shall  be  drawn  by  lot  by  the 
chairman  of  the  board  within  seven  days  succeeding  five 
o'clock  in  the  afternoon  of  the  last  day  fixed  for  the  filing 
of  objections  to  nomination  papers,  and  the  board  shall 
cause  the  ballots,  which  shall  contain  said  names  in  their 
order  as  so  drawn,  and  no  others,  with  a  designation  of  resi- 
dence, and  of  the  office  and  term  of  office,  to  be  printed,  and 
the  ballots  so  printed  shall  be  official  and  no  others  shall 
be  used  at  the  prehminary  election.  At  any  drawing  for 
position  on  the  ballot,  each  candidate  shall  have  an  oppor- 
tunity to  be  present  in  person  or  by  one  representative. 
There  shall  be  left  at  the  end  of  the  fist  of  candidates  for 
nomination  for  each  office  blank  spaces  equal  in  number  to 
the  number  of  persons  to  be  nominated  therefor,  in  which 
spaces  the  voter  may  insert  the  name  of  any  person  not 
printed  on  the  ballot  for  whom  he  desires  to  vote  for  nomi- 


182 


Acts,  1937.  —  Chap.  212. 


nation  for  such  office,  but  the  name  of  such  person  shall 
not  be  printed  on  the  official  ballot  to  be  voted  for  at  any- 
regular  or  special  municipal  election  in  said  city  unless  such 
person  is  qualified  to  be  nominated  under  the  provisions  of 
section  three.  There  shall  be  printed  on  such  ballots  such 
directions  as  will  aid  the  voter,  as,  for  example:  ''vote  for 
one",  "vote  for  two",  and  the  Hke,  and  the  ballots  shall  be 
headed  substantially  as  follows :  — 

Approved  April  16,  1937. 


G.  L.  (Ter. 
Ed.),  53,  §  11, 
etc.,  amended. 


Ballot  law 
commission, 
transmission 
to,  of  objec- 
tions to  nom- 
ination papers. 


Chap.212  An  Act  relative  to  the  transmission  to   the   state 

BALLOT  LAW  COMMISSION  OF  OBJECTIONS  TO  NOMINATIONS 
FOR  STATE  OFFICES  AND  TO  SENDING  NOTICES  OF  SUCH 
OBJECTIONS  TO   INTERESTED  PARTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fifty-three  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  eleven,  as  most 
recently  amended  by  section  three  of  chapter  seventy-seven 
of  the  acts  of  the  current  year,  and  inserting  in  place  thereof 
the  following: — Section  11.  When  certificates  of  nomina- 
tion and  nomination  papers  have  been  filed,  and  are  in 
apparent  conformity  with  law,  they  shall  be  valid  unless 
written  objections  thereto  are  made.  Such  objections  shall 
be  filed  as  to  state  offices  with  the  state  secretary,  and  as 
to  city  or  town  offices  with  the  city  or  town  clerk,  and  in 
the  case  of  state  offices  within  the  seventy-two  week  day 
hours,  in  the  case  of  city  offices,  except  where  city  charters 
provide  otherwise,  within  the  forty-eight  week  day  hours, 
and  in  the  case  of  town  offices  within  the  twenty-four 
week  day  hours,  succeeding  five  o'clock  in  the  afternoon  of 
the  last  day  fixed  for  filing  the  certificate  of  nomination  or 
nomination  papers  to  which  objections  are  made.  Objec- 
tions so  filed  with  the  state  secretary  shall  forthwith  be 
transmitted  bj^  him  to  the  state  ballot  law  commission. 
This  section  shall  be  in  force  in  any  city  or  town  which 
accepts  section  one  hundred  and  three  A  of  chapter  fifty- 
four,  any  special  provision  of  law  to  the  contrary  notwith- 
standing. 

Section  2.  Said  chapter  fifty-three  is  hereby  amended 
by  striking  out  section  twelve,  as  appearing  in  the  Ter- 
centenary Edition,  and  inserting  in  place  thereof  the  fol- 
lowing:—  Section  12.  Objections  to  nominations  for  state 
offices,  and  all  other  questions  relating  thereto,  shall  be 
considered  by  the  state  ballot  law  commission;  to  nomina- 
tions for  city  offices,  except  in  Boston,  by  the  board  of 
registrars,  the  citj''  clerk  and  the  city  solicitor;  and  to  nomi- 
nations for  town  offices,  by  the  board  of  registrars. 

Boards  in  cities  and  towns  may,  at  hearings  on  such  ob- 
jections and  questions,  summon  witnesses,  administer  oaths 
and  require  the  production  of  books  and  papers.  Such  wit- 
nesses shall  be  summoned  in  the  same  manner,  be  paid  the 


G.  L.  (Ter. 
Ed  ),  53,  §  12, 
amended. 


Objections, 
etc.,  by  whom 
considered. 


Acts,  1937.  —  Chap.  213.  183 

same  fees,  and  be  subject  to  the  same  penalties  for  default, 
as  witnesses  in  civil  cases  before  the  courts.  A  summons 
may  be  signed,  and  an  oath  may  be  administered  b}'  any 
member  of  such  board,  and  the  decision  of  the  board  shall 
be  final. 

When  such  objection  has  been  filed,  and,  in  the  case  of 
an  objection  to  nomination  for  a  state  office,  transmitted 
to  the  state  ballot  law  commission,  notice  thereof  shall  be 
forthwith  mailed  by  said  commission,  or  by  the  city  or  town 
clerk,  as  the  case  ma}^  be,  to  the  candidates  affected  thereby, 
addressed  to  their  residences  as  given  in  the  certificates  of 
nomination  or  nomination  papers,  and  to  any  party  com- 
mittee interested  in  the  nomination  to  which  objection  is 
made. 

If  more  candidates  bearing  the  same  designation  are  nomi- 
nated for  an  office,  otherwise  than  by  nomination  papers, 
than  are  to  be  elected  thereto,  such  boards  shall  determine 
the  candidates,  if  any,  entitled  to  such  designation. 

Approved  April  16,  1937. 


Chap.2V6 


An    Act    extending    the    advantages    of    free    corre- 
spondence  COURSES  to   certain   BLIND   PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  seven  of  chapter  sixty-nine  of  the  General  Laws,  g.  l.  (Ter. 
as  amended  by  chapter  two  hundred  and  seventy-five  of  the  ^ttl'amendld. 
acts  of  nineteen  hundred  and  thirty-five,  is  hereby  further 
amended  by  inserting  after  the  word  "commonwealth"  in 
the  fifteenth  line  the  following:  —  and  to  blind  persons  who 
have  resided  in  the  commonwealth  at  least  one  year  imme- 
diately prior  to  the  taking  of  such  courses,  —  so  as  to  read 
as  follows :  —  Section  7.  The  department  may  co-operate  university 
with  existing  institutions  of  learning  in  the  establishment  corrrspondem^e 
and  conduct  of  university  extension  and  correspondence  courses. 
courses;  may  supervise  the  administration  of  all  such  courses 
supported  in  whole  or  in  part  by  the  commonwealth;  and 
also,  where  deemed  advisable,  may  establish  and  conduct 
such  courses  for  the  benefit  of  residents  of  the  common- 
wealth and,  provided  that  the  fees  charged  exceed  the  cost 
of  service,  may  enroll  in  correspondence  courses  such  non- 
residents as  are  approved  by  the  department.  The  depart- 
ment may  offer  correspondence  courses,  free  of  charge,  to 
inmates  of  county  and  state  hospitals  and  sanatoria,  county 
and  state  correctional  institutions,  the  state  infirmary,  and 
federal  hospitals  situated  within  the  commonwealth  and  to 
blind  persons  who  have  resided  in  the  commonwealth  at 
least  one  year  immediatel}'  prior  to  the  taking  of  such  courses. 
It  may,  in  accordance  with  rules  and  regulations  established 
by  it,  grant  to  students  satisfactorily  completing  such  courses 
suitable  certificates.  Approved  April  16,  1937. 


184 


Acts,  1937.  —  Chaps.  214,  215. 


G.  L.  (Ter. 
Ed.),  101,  §  15, 
amended. 


Chav.214:  An  Act  authorizing  certain  licensed  milk  dealers  to 

SELL  MILK,   CREAM  AND  CERTAIN  MILK  PRODUCTS  WITHOUT 
BEING  LICENSED  AS  HAWKERS  AND  PEDLERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifteen  of  chapter  one  hundred  and  one  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  inserting  at  the  end  the  following :  — 
,  nor  to  persons  licensed  under  section  forty  of  chapter  ninety- 
four  with  respect  to  the  sale  by  them  of  milk,  skimmed  milk, 
cream,  butter,  cheese  or  other  milk  products,  except  frozen 
desserts  as  defined  in  section  sixty-five  G  of  said  chapter 
ninety-four,  —  so  as  to  read  as  follows:  —  Section  15.  The 
provisions  of  this  chapter  relating  to  hawkers  and  pedlers 
shall  not  apply  to  wholesalers  or  jobbers  selling  to  dealers 
only,  nor  to  commercial  agents  or  other  persons  selling  by 
sample,  lists,  catalogues  or  otherwise  for  future  delivery,  nor 
to  any  person  who  peddles  only  fish  obtained  by  his  own 
labor  or  that  of  his  family,  fruits,  vegetables  or  other  farm 
products  raised  or  produced  by  himself  or  his  family,  nor  to 
persons  selling  articles  for  charitable  purposes  under  section 
thirty-three,  nor  to  persons  licensed  under  section  forty  of 
chapter  ninety-four  with  respect  to  the  sale  by  them  of  milk, 
skimmed  milk,  cream,  butter,  cheese  or  other  milk  products, 
except  frozen  desserts  as  defined  in  section  sixty-five  G  of 
said  chapter  ninety-four.  Ajp-proved  April  16,  1937. 


Limit  of 
application 
of  chapter. 


Chap.215  An  Act  providing  for  the  appointment  of   the  city 

SOLICITOR  OF  THE  CITY  OF  HAVERHILL  BY  THE  MAYOR  OF 
SAID  CITY  WITHOUT  THE  APPROVAL  OF  THE  MUNICIPAL 
COUNCIL   THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  mayor  of  the  city  of  Haverhill  shall, 
annually  in  the  month  of  January,  without  the  approval  of 
the  municipal  council,  appoint  a  city  solicitor,  who  shall  hold 
his  office  for  the  term  of  one  year  and  until  the  qualification 
of  his  successor;  provided,  that  he  may  be  removed  at  any 
time  by  the  mayor. 

Section  2.  So  much  of  chapter  sixty-one  of  the  acts  of 
eighteen  hundred  and  sixty-nine,  and  acts  in  amendment 
thereof  and  in  addition  thereto,  as  is  inconsistent  with  this 
act  is  hereby  repealed. 

Section  3.  This  act  shall  be  submitted  to  the  registered 
voters  of  said  city  at  the  regular  municipal  election  in  the 
current  year  in  the  form  of  the  following  question  which 
shall  be  placed  upon  the  official  ballot  to  be  used  at  said 
election:  —  "Shall  an  Act  passed  by  the  General  Court  in 
the  year  nineteen  hundred  and  thirty-seven,  entitled  'An 
Act  providing  for  the  appointment  of  the  city  solicitor  of  the 
city  of  Haverhill  by  the  mayor  of  said  city  without  the  ap- 


Acts,  1937.  —  Chap.  216.  185 

proval  of  the  municipal  council  thereof,  be  accepted?"  If 
a  majority  of  the  voters  voting  thereon  vote  in  the  afhrma- 
tive  in  answer  to  said  question,  this  act  shall  thereupon  take 
full  effect,  but  not  otherwise.      Approved  April  16,  1937. 


An  Act  relative  to  the  purchase  of  supplies  by  the 
purchasing  department  of  the  city  of  lawrence. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifty-one  of  Part  II  of  chapter  six 
hundred  and  twenty-one  of  the  acts  of  nineteen  hundred  and 
eleven  is  hereby  amended  by  striking  out,  in  the  sixth  Hne, 
the  word  "twenty-five"  and  inserting  in  place  thereof  the 
words:  —  one  hundred,  —  and  by  striking  out,  in  the  eighth 
and  ninth  lines,  the  word  "twenty-five"  and  inserting  in 
place  thereof  the  words:  —  two  hundred  and  fifty,  —  so  as 
to  read  as  follows :  —  Section  51 .  The  purchasing  depart- 
ment shall  consist  of  a  purchasing  agent  and  such  assistants 
as  the  city  council  may  from  time  to  time  deem  necessary. 
The  purchasing  agent  shall  purchase  all  supphes  for  the  city, 
except  in  case  of  an  emergency;  but  all  purchases  or  con- 
tracts for  purchase  exceeding  one  hundred  dollars  in  amount 
shall  be  based  upon  competition,  and  no  purchases  or  con- 
tracts for  purchase  shall  be  made  involving  the  expenditure 
of  more  than  two  hundred  and  fifty  dollars  for  any  one  class 
of  supplies  in  any  month,  except  by  competition.  The  pur- 
chasing agent  shall  purchase  all  supplies  for  the  school  de- 
partment in  accordance  with  instructions  given  to  him  by 
the  school  committee.  A  record  shall  be  kept  by  this  de- 
partment of  the  prices  paid,  and  to  whom  paid,  for  all  sup- 
plies, which  shall  be  open  to  the  inspection  of  any  citizen. 
The  salaries  in  this  department  shall  be  fixed  by  the  city 
council. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Lawrence  at  the  regular 
municipal  election  in  the  current  year  in  the  form  of  the 
following  question  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  election:  "Shall  an  act  of  the  gen- 
eral court  passed  in  the  current  year,  entitled  '  An  Act  rela- 
tive to  the  purchase  of  supphes  by  the  purchasing  depart- 
ment of  the  city  of  Lawrence',  which  provides  for  increasing 
the  amount  that  may  be  spent  for  purchases  and  contracts 
without  competition,  be  accepted?"  If  a  majority  of  the 
voters  voting  thereon  vote  in  the  affirmative  in  answer  to 
said  question  this  act  shall  thereupon  take  effect,  but  not 
otherwise.  Approved  April  16,  1937. 


Chap.216 


186 


Acts,  1937. —Chaps.  217,  218. 


Chap. 217  An  Act  changing  the  name  of  the  edison  electric  illu- 
minating COMPANY  OF  BOSTON  TO  BOSTON  EDISON  COM- 
PANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  name  of  The  Edison  Electric  Illuminat- 
ing Company  of  Boston,  a  corporation  incorporated  under 
general  law  on  January  eighth,  eighteen  hundred  and  eighty- 
six,  is  hereby  changed  to  Boston  Edison  Company. 

Section  2.  The  bonds  of  said  corporation,  entitled  "First 
Mortgage  Bonds,  Series  A,  Sinking  Fund  S^s  due  1965", 
which  are  issued  after  the  time  this  act  takes  effect  in  ex- 
change for  or  upon  transfer  of  outstanding  bonds  in  accord- 
ance with  its  Indenture  of  Trust  and  First  Mortgage  with 
Old  Colony  Trust  Company,  Trustee,  dated  as  of  July  first, 
nineteen  hundred  and  thirty-five,  shall  not  be  invalid  because 
of  being  issued  under  its  former  name  and  seal. 

Approved  April  16,  1937. 


G.  L.  (Ter. 
Ed.).  81,  §  5, 
amended. 


Laying  out, 
etc.,  of  state 
highways. 


C/?ap. 218  An  Act  providing  additional  procedure  for  laying  out 

AND  constructing  STATE  HIGH"WAYS  BY  THE  DEPARTMENT 
OF  PUBLIC  WORKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  eighty-one  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  five,  as  appearing  in 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following:  —  Section  5.  If  the  department  determines,  after 
public  notice  and  a  hearing  of  all  parties  interested,  that 
public  necessity  and  convenience  require  that  a  way  should 
be  laid  out  or  be  taken  charge  of  by  the  commonwealth,  it 
shall  file  in  the  office  of  the  county  commissioners  for  the 
county  where  the  way  is  situated  a  certified  copy  of  a  plan 
thereof  and  a  certified  copy  of  a  certificate  that  it  has  laid 
out  and  taken  charge  of  said  way  in  accordance  with  said 
plan,  and  shall  file  in  the  office  of  the  clerk  of  each  town 
where  the  way  is  situated  a  copy  of  the  plan  showing  the 
location  of  the  portion  l>ing  therein  and  a  copy  of  the  certifi- 
cate that  it  has  laid  out  and  taken  charge  of  said  highway 
in  accordance  with  said  plan,  and  thereafter  said  way  shall 
be  a  state  highway,  and  shall  be  constructed  by  the  depart- 
ment at  the  expense  of  the  commonwealth;  but  any  state 
highway  so  laid  out  and  constructed  may  be  abandoned  or 
discontinued  as  provided  in  section  twelve.  The, width  of  a 
state  highway  shall  be  such  as  the  department  deems  neces- 
sary. If  the  width  of  a  state  highway  be  less  than  that  of 
the  way  previously  existing,  that  portion  of  the  way  which 
lies  between  the  boundary  or  location  lines  of  the  state  high- 
way and  the  boundary  lines  of  the  way  previously  existing 
shall  remain  a  public  way  unless  the  department  determines 
that  it  should  be  abandoned,  or  the  county  commissioners 


Acts,  1937. —Chap.  219.  187 

of  the  count}!',  or  the  city  or  town  in  which  the  way  is  situ- 
ated, having  jurisdiction  of  the  way,  abandon  at  any  time 
said  portion  in  the  manner  provided  by  law  for  the  altera- 
tion, relocation  or  discontinuance  of  public  ways. 

Section  2.  Section  eight  of  said  chapter  eighty-one,  as  q.  l.  (Ter. 
amended  by  chapter  three  hundred  and  seventy-one  of  the  ftc.J  amended, 
acts  of  nineteen  hundred  and  thirty-six,  is  hereby  further 
amended  by  striking  out  in  the  twentj^-third  line  the  words 
",  on  petition  as  aforesaid,",  —  so  as  to  read  as  follows:  — 
Section  8.  The  department,  when  about  to  construct  a  state  Construction 
highway,  shall  advertise  in  two  or  more  newspapers  pub-  ^^  ^°'""^- 
lished  in  each  county  in  which  the  highway  lies,  and  in 
three  or  more  daily  newspapers  published  in  Boston,  for 
sealed  proposals  for  the  construction  of  such  highway,  stating 
the  time  and  place  for  opening  such  proposals,  and  reserving 
the  right  to  reject  any  and  all  proposals.  If  a  proposal  is 
satisfactory,  the  department,  with  the  approval  of  the  gov- 
ernor and  council,  shall  make  a  contract  in  writing  on  be- 
half of  the  commonwealth  for  such  construction.  After  the 
proposals  have  been  accepted  or  rejected  they  shall  be  kept 
by  the  department,  and  shall  be  open  to  public  inspection 
for  three  years,  and  may  then  be  destroyed  by  the  depart- 
ment. The  department  may,  in  the  same  manner  and  under 
the  same  conditions,  contract  for  the  grading  of  a  state  high- 
way or  for  furnishing  labor,  materials  or  any  other  element 
in  its  construction.  The  construction  of  all  state  highways 
shall  be  under  the  supervision  and  subject  to  the  approval 
of  the  department  and  in  accordance  with  plans  and  speci- 
fications furnished  by  it,  shall  be  fairly  apportioned  by  the 
department  among  the  different  counties,  and  not  more 
than  ten  miles  of  state  highway  shall  be  constructed  in  any 
one  county  in  any  one  year,  without  the  previous  written 
approval  of  the  governor  and  council. 

Approved  April  16,  1937. 


An  Act  requieing  certain  county   officers  to   give  (7/iap.219 

BOND    ANNUALLY    AND    MAKING    CERTAIN    OTHER    CHANGES 
IN    LAWS    RELATING    TO    SUCH    OFFICERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-six  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  three,  as  appearing  ^jf^g^^d^^j^  ^' 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following:  —  Sections.     Each  register  of  deeds  shall  J^^J^^^^^f^^ 
be  sworn  before  the  county  commissioners,  or  in  Suffolk  bond. 
county  before  the  city  council  of  Boston,  and  prior  to  being 
sworn,  and  thereafter,  at  intervals  of  not  more  than  one  year, 
so  long  as  he  continues  to  hold  such  office,  shall  give  bond  to 
the  county,  conditioned  to  perform  faithfully  his  own  duties 
and  to  be  responsible  for  the  official  acts  of  his  assistant 
registers,  with  such  sureties  and  in  such  sum  as  the  commis- 
sioners or  said  council,  respectively,  shall  approve. 


188  Acts,  1937.  —Chap.  219. 

Ed^'37l'2  Section  2.     Chapter  thirty-seven  of  the  General  Laws  is 

amended.     '     hereby  amended  by  striking  out  section  two,  as  so  appearing, 
Sheriff  to  give    and  inserting  in  place  thereof  the  following :  —  Section  2.     A 
°"  ■  sheriff,  before  performing  any  official  act,  shall  be  sworn  and 

prior  to  being  sworn,  and  thereafter,  at  intervals  of  not  more 
than  one  year,  so  long  as  he  continues  to  hold  such  office, 
shall  give  to  the  state  treasurer  a  bond  in  such  amount  and 
with  such  sureties  as  the  superior  court  shall  order  and  ap- 
prove, conditioned  to  perform  faithfully  his  own  duties  and 
to  be  responsible  for  the  official  acts  of  his  deputies.  A  de- 
fault, malfeasance  or  misfeasance  in  office  of  a  deputy  sheriff 
or  jailer  after  the  death,  removal  or  resignation  of  the  sheriff 
by  whom  he  was  appointed,  shall  be  a  breach  of  the  bond 
of  such  sheriff. 
G.  L.  (Ter.  SECTION  3.     Chapter  two  hundred  and  eighteen  of  the 

amended.'       '  General  Laws  is  hereby  amended  by  striking  out  section 
sixteen,   as  so   appearing,    and    inserting  in   place   thereof 
Clerks  of  dis-     the  following:  —  Section  16.     The  clerk  of  a  district  court, 
to^^ve^b^ond.     before  entering  upon  the  performance  of  his  official  duties, 
and  thereafter,  at  intervals  of  not  more  than  one  year,  so  long 
as  he  continues  to  hold  such  office,  shall  give  to  the  county 
treasurer  a  bond,  with  a  surety  company  authorized  to  trans- 
act business  in  the  commonwealth,  as  surety,  in  a  sum  ap- 
proved by  the  justice  of  such  court,  but  in  no  event  less  than 
one  thousand  dollars,  conditioned  to  account  for  and  pay 
over  as  and  when  required  by  law  all  fines,  forfeitures,  fees 
and  other  money  received  by  him  in  the  exercise  of  his  office. 
Failure  to  give  such  bond  shall  be  sufficient  cause  for  his 
removal. 
G.  L.  (Ter  SECTION  4.     Chapter  two  hundred  and  twenty-one  of  the 

amended.'       '  General  Laws  is  hereby  amended  b}^  striking  out  section 
twelve,  as  so  appearing,  and  inserting  in  place  thereof  the 
aSan't'^of       f ollowiug :  —  Section  12.    The  clerk  and  assistant  clerk  of  the 
the  supreme      suprcmc  judicial  court  for  the  commonwealth  shall  each, 
bond.*°  "^^^      before  entering  upon  the  performance  of  his  duties,  and  there- 
after, at  intervals  of  not  more  than  one  year,  so  long  as  he 
continues  to  hold  such  office,  give  bond  in  the  sum  of  two 
thousand  dollars  for  the  faithful  performance  of  his  official 
duties,  payable  to  the  state  treasurer,  with  sufficient  surety 
or  sureties  approved  by  the  court.     Each  clerk,  assistant 
clerk,  and  each  temporary  assistant  clerk  appointed  under 
section  nine,  shall  give  bond  in  like  manner  to  the  county 
treasurer,  in  a  sum  not  less  than  five  hundred  nor  more  than 
two  thousand  dollars,  to  be  determined  by  the  court;    and 
each  temporary  clerk  appointed  under  section  eight  shall 
give  bond  in  like  manner,  if  required  by  the  court. 
G.  L.  (Ter.  SECTION  5.     Chapter  two  hundred  and  seventy-six  of  the 

aminde^d.'    ^^'  General  Laws  is  hereby  amended  by  striking  out  section 
eighty-four,  as  so  appearing,  and  inserting  in  place  thereof 
Probation         the  following:  —  Section  84.     Each  probation  officer  shall, 
givrbond.         before  performing  any  official  duty,  and  thereafter,  at  inter- 
vals of  not  more  than  one  year,  so  long  as  he  continues  to 
hold  such  office,  give  bond  to  the  county  treasurer,  in  a  sum 


Acts,  1937.  —  Chap.  220.  189 

to  be  fixed  and  with  sufficient  sureties  to  be  approved  by  a 
justice  of  the  superior  court,  conditioned  to  account  for  and 
pay,  as  and  when  required  by  law,  all  moneys  or  property 
received  by  him  in  the  exercise  of  his  official  duty.  Failure 
to  so  give  bond  shall  be  sufficient  cause  for  removal  from 
office. 

Section  6.  Chapter  one  hundred  and  twenty-six  of  the  r;,^|J^'"-.  jg 
General  Laws  is  hereby  amended  by  striking  out  section  ameiided." 
sixteen,  as  so  appearing,  and  inserting  in  place  thereof  the 
ioWowing:  —  Section  16.  The  sheriff  shall  have  custody  and  j?","^^"^ 
control  of  the  jails  in  his  county,  and,  except  in  Suffolk 
county,  of  the  houses  of  correction  therein,  and  of  all  prison- 
ers committed  thereto,  and  shall  keep  the  same  himself  or 
by  his  deputy  as  jailer,  master  or  keeper,  and  shall  be  re- 
sponsible for  them.  The  jailer,  master  or  keeper  shall  appoint 
subordinate  assistants,  employees  and  officers,  and  shall  be 
responsible  for  them.  In  Suffolk  county  the  penal  institu- 
tions commissioner  shall  appoint  a  master  of  the  house  of 
correction,  who  shall  hold  office  during  the  pleasure  of  said 
commissioner.  A  sheriff,  who  acts  as  jailer,  master  or  keeper, 
or  a  jailer,  master  or  keeper  appointed  by  the  sheriff,  before 
entering  upon  the  performance  of  his  duties  as  such,  and 
thereafter,  at  intervals  of  not  more  than  one  year,  so  long  as 
he  continues  so  to  act  or  to  hold  such  office,  as  the  case  may 
be,  shall  give  to  the  state  treasurer  a  bond,  with  such  sureties 
as  the  superior  court  shall  order  and  approve,  conditioned 
faithfully  to  perform  his  duties. 

Approved  April  16,  1937. 


An  Act  relative  to  the  retirement  of  certain  call  QJidj)  220 

MEMBERS    OF    FIRE   DEPARTMENTS    IN    CERTAIN   TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-two  of  the  General  Laws  is  hereby  amended  g^^'-  ^J^^^^ 
by  inserting  after  section  eighty-five  C,  inserted  by  section  section  85D, 
nine  of  chapter  two  hundred  and  eighty-five  of  the  acts  of  '"^'^^'^' 
nineteen  hundred  and  thirty-four,  the  following  new  sec- 
tion:—  Section  85D.     Upon  the  acceptance  of  this  section  Pensions  for 
by  a  town  at  its  annual  town  meeting  by  a  two  thirds  vote,  *''^"  firemen, 
the  provisions  of  section  eighty-five  relative  to  the  retire- 
ment of  permanent  members  of  the  fire  department  for  in- 
capacity shall  apply  to  call  members  of  its  fire  department, 
except  that  the  pension  of  any  call  member  retired  here- 
under shall  be  the  same  as  that  of  a  permanent  member  of 
the  first  grade  of  the  fire  department,  or,  if  there  be  no 
grades,  the  same  as  that  of  a  permanent  member  of  the  fire 
department  performing  duties  like  those  which  he  performed. 

Approved  April  16,  1937. 


190 


Acts,  1937. —Chaps.  221,  222,  223. 


Chap.221  An  Act  making  the  provisions  of  the  one  day's  rest 
IN  seven  law,  so  called,  applicable  to  certain  res- 
taurants. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty-nine  of  chapter  one  hundred  and  forty-nine 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  striking  out,  in  the  third  hne, 
the  word  "restaurants,",  —  so  as  to  read  as  follows:  —  Sec- 
tion 49-  The  two  preceding  sections  shall  not  apply  to 
establishments  used  for  the  manufacture  or  distribution  of 
gas,  electricity,  milk  or  water,  hotels,  drug  stores,  livery 
stables  or  garages,  nor  to  the  transportation,  sale  or  delivery 
of  food.  Approved  April  16,  1937. 


G.  L.  (Ter. 
Ed.),  149,  I  49, 
amended. 


Limitation  of 
provisions  of 
one  day's  rest 
in  seven  law. 


Chap. 222  An  Act  authorizing  the  city  of  boston  to  refund  to 

DOOLEY  BROS.,  INC.,  THE  AMOUNT  OF  ITS  DEPOSIT  ON  ITS 
proposal  for  a  CERTAIN  CONTRACT  TO  REMOVE  ASHES 
AND    GARBAGE, 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  city  of  Boston  may  refund  to  Dooley 
Bros.,  Inc.  the  sum  of  eight  thousand  dollars,  being  the 
amount  deposited  by  it  with  said  city  on  its  proposal  for  a 
certain  contract  for  the  removal  of  ashes  and  garbage. 

Section  2.  This  act  shall  take  effect  upon  its  accept- 
ance by  vote  of  the  city  council  of  said  city,  subject  to  the 
provisions  of  its  charter,  but  not  otherwise. 

Approved  April  20,  1937. 


C hap. 22S  An  Act  giving  preference  to  blind  persons  in  the 
employment  of  typists  in  certain  cases  by  state 
departments,  boards  and  commissions. 

Be  it  enacted,  etc.,  as  follows: 

Section  three  of  chapter  thirty-one  of  the  General  Laws, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  inserting  after  clause  (/)  the  following  new  clause:  — 

(g)  Preference  to  blind  persons  in  the  employment,  by 
an}^  state  department,  board  or  commission  in  the  office  or 
offices  of  which  dictating  machines  are  used,  of  typists  to 
take  dictation  solely  from  such  machines. 

Approved  April  20,  1937. 


G.  L.  (Ter. 
Ed.),  31,  §  3, 
amended. 

Preference  to 
bUnd  persons 
in  employ- 
ment. 


Acts,  1937. —Chap.  224.  191 


An  Act  relative  to  the  filling  of  vacancies  in  the  Chap. 224: 

CITY     COUNCIL     IN     CITIES     HAVING    A     PLAN     B    FORM     OF 
CHARTER. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p^^l%i^^^ 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     Section  twenty-six  of  chapter  forty-three  of  Ed^il^'iae, 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  amentied. 
tion,  is  hereby  amended  by  striking  out  the  first  paragraph 
and  inserting  in  place  thereof  the  following:  —  Except  ascertain 
otherwise  provided  in  sections  fifty  A  and  fifty-nine  A,  if  a  how  filled. 
vacancy  occurs  in  the  office  of  the  mayor  or  city  council 
before  the  last  six  months  of  the  term  of  office,  the  city 
council  shall  order  an  election  for  a  mayor  or  a  member  of 
the  council  to  serve  for  the  unexpired  term;    and  if  such 
vacancy  occurs  in  the  office  of  mayor  in  the  last  six  months 
of  the  term,  the  president  of  the  city  council  shall  succeed 
to  said  office  for  the  unexpired  term.     If  the  mayor  is  ab- 
sent or  unable  from  any  cause  temporarily  to  perform  his 
duties  they  shall  be  performed  by  the  president  of  the  city 
council.     The  person  upon  whom  such  duties  shall  devolve 
shall  be  called  "acting  mayor",  and  he  shall  possess  the 
powers  of  mayor  only  in  matters  not  admitting  of  delay,  but 
shall  have  no  power  to  make  permanent  appointments. 

Section  2.     Section  fifty-six  of  said  chapter  forty-three,  g.  l.  (Ter. 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the  ameAded.^  ^^' 
second  line,  the  word  "seven"  and  inserting  in  place  thereof 
the  word :  —  eight,  —  so  as  to  read  as  follows :  —  Section  56.  Plan  b. 
The  method  of  city  government  provided  for  in  the  eight 
following  sections  shall  be  known  as  Plan  B. 

Section  3.     Said  chapter  forty-three  is  hereby  further  g  l.  (jer. 
amended  by  inserting  after  section  fifty-nine,  as  so  appear-  section  sgT^ 
ing,  the  following  new  section:  —  Section  59 A.    If  a  vacancy  added, 
occurs  at  any  time  in  the  office  of  a  councillor  elected  by  and  ™"n^oi°g  jn 
from  the  qualified  voters  of  the  city,  such  vacancy  shall  be  city  council, 
filled  forthwith  by  a  majority  vote  of  all  the  remaining 
members  of  the  city  council  for  the  remainder  of  the  unex- 
pired term. 

If  a  vacancy  occurs,  before  the  last  six  months  of  the 
term,  in  the  office  of  a  councillor  elected  by  and  from  the 
voters  of  a  ward,  the  city  council  shall  forthwith  order  an 
election  to  fill  such  vacancy  for  the  remainder  of  the  un- 
expired term.  Approved  April  26,  1937. 


192  Acts,  1937.  —  Chaps.  225,  226,  227. 


Chap. 225  An  Act  authorizing  and  directing  the  metropolitan 

DISTRICT  COMMISSION  TO  PROVIDE  FOR  THE  COMPLETION 
OF  THE  DIVERSION  OF  THE  WATERS  OF  EAST  WAUSHACUM 
POND    IN   THE    TOWN    OF   STERLING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  provide  for  the  comple- 
tion of  the  diversion  of  the  waters  of  East  Waushacum  pond 
in  the  town  of  Sterling  in  the  manner  provided  in  section 
two  of  chapter  three  hundred  and  forty-six  of  the  acts  of 
nineteen  hundred  and  thirty-four.  For  the  purpose  of  com- 
pleting the  said  construction,  said  commission  may  expend, 
in  addition  to  the  amount  provided  for  in  said  section  two, 
such  sums  not  exceeding,  in  the  aggregate,  twenty-five  hun- 
dred dollars,  as  may  hereafter  be  appropriated  therefor. 
The  sums  so  expended  shall  be  added  to  the  annual  assess- 
ments upon  the  cities  and  towns  comprising  the  metropoli- 
tan water  district,  and  apportioned  and  collected  as  pro- 
vided by  section  twenty-six  of  chapter  ninety-two  of  the 
General  Laws.  Federal  money  granted  for  the  purpose  of 
completing  said  diversion  may  be  used  in  conjunction  with 
such  funds. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  26,  1937. 

Chap. 22Q  An  Act  relative  to  information  as  to  citizenship  re- 
quired IN  THE  ANNUAL  LISTING  OF  RESIDENTS  OF  BOSTON 
FOR    VOTING   PURPOSES. 

Be  it  enacted,  etc.,  as  folloivs: 

In  the  annual  hsting  of  residents  of  the  city  of  Boston  for 
voting  purposes  it  shall  be  sufficient  if  information  is  pro- 
cured and  set  forth  in  such  lists  as  to  whether  or  not  the 
persons  listed  are  citizens  of  the  United  States  without 
procuring  and  setting  forth  information  relative  to  their 
nationality.  Approved  April  26,  1937. 

Chap.227  An  Act  fixing  the  time  within  which  decisions  shall 

BE    RENDERED    BY    THE    STATE    BALLOT    LAW    COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Ed.)!' 6,^r32.         Section  thirty-two  of  chapter  six  of  the  General  Laws,  as 
amended.     '     appearing  in  the  Tercentenary  Edition,  is  hereby  amended 

by  adding  at  the  end  the  following  new  paragraph:  — 
rendering  The  commission  shall  render  a  decision  on  any  matter 

decisions.  referred  to  it,  pertaining  to  certificates  of  nomination  or 

nomination  papers  for  any  biennial  party  or  state  primaries 
or  any  biennial  state  election  or  to  withdrawals  from  nomi- 
nations therefor,  not  later  than  fourteen  days  after  the  last 
day  fixed  for  filing  objections  to  such  certificates  or  papers, 


Acts,  1937.  —  Chap.  228.  193 

or  for  filing  such  withdrawals,  as  the  case  may  be,  under 
chapter  fifty-three.  In  the  event  that  said  commission  fails 
to  render  within  the  aforesaid  period  its  decision  on  any 
matter  so  referred,  the  state  secretary  shall,  notwithstand- 
ing such  failure,  proceed  forthwith  to  cause  to  be  printed 
the  ballots  for  such  primaries  or  elections. 

Approved  April  26,  1937. 

An  Act  relative  to  investments  by  credit  unions.     Chap. 22S 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-one  of  chapter  one  hundred  and  seventy-  g.  l.  (Ter. 
one  of  the  General  Laws,  as  amended  by  section  two  of  f^-^'  ^^^'  *  ^^• 
chapter  one  hundred  and  sixty-three  of  the  acts  of  nineteen  amended, 
hundred  and  thirty-three,  is  hereby  further  amended  by 
striking  out,  in  the  eleventh  line,  the  words  "or  bankers' 
acceptances  which"  and  inserting  in  place  thereof  the  words: 
—  ,  notes  of  the  United  States  or  of  any  state  or  subdivi- 
sion thereof,  or  bankers'  acceptances,  which  bonds,  notes 
or  bankers'  acceptances,  —  so  as  to  read  as  follows:  — 
Section  21.  The  capital,  deposits  and  surplus  of  a  credit  investment 
union  shall  be  invested  in  loans  to  members,  with  ap-  regXted. 
proval  of  the  credit  committee,  as  provided  in  the  fol- 
lowing section,  and  also  when  so  required  herein,  of  the 
board  of  directors;  and  any  capital,  deposits  or  surplus 
funds  in  excess  of  the  amount  for  which  loans  shall  be 
approved  by  the  credit  committee  and  the  board  of  direc- 
tors, may  be  deposited  in  savings  banks  or  trust  companies 
incorporated  under  the  laws  of  this  commonwealth,  or  in 
national  banks  located  therein,  or  invested  in  any  bonds, 
notes  of  the  United  States  or  of  any  state  or  subdivision 
thereof,  or  bankers'  acceptances,  which  bonds,  notes  or 
bankers'  acceptances  are  at  the  time  of  their  purchase  legal 
investments  for  savings  banks  in  this  commonwealth,  or,  to 
the  extent  authorized  by  section  three  of  chapter  two  hun- 
dred and  sixteen  of  the  acts  of  nineteen  hundred  and  thirty- 
two,  in  the  shares  of  Central  Credit  Union  Fund,  Inc.,  or 
in  the  shares  of  co-operative  banks  incorporated  in  this 
commonwealth.  At  least  five  per  cent  of  the  total  assets 
of  a  credit  union  shall  be  carried  as  cash  on  hand  or  as 
balances  due  from  banks  and  trust  companies,  or  invested 
in  the  bonds  or  notes  of  the  United  States,  or  of  any  state, 
or  subdivision  thereof,  which  are  legal  investments  for  sav- 
ings banks  as  above  provided,  or  in  the  shares  of  Central 
Credit  Union  Fund,  Inc.,  provided  that  such  bonds,  notes 
or  shares  are  the  absolute  property  and  under  the  control 
of  such  credit  union.  Whenever  the  aforesaid  ratio  falls 
below  five  per  cent,  no  further  loans  shall  be  made  until  the 
ratio  as  herein  provided  has  been  re-established.  Invest- 
ments, other  than  personal  loans,  shall  be  made  only  with 
the  approval  of  the  board  of  directors. 

Approved  April  26,  1937. 


194 


Acts,  1937.  —  Chaps.  229,  230. 


Chap. 229  An  Act  further* penalizing  the  dealing  in  or  trading 

WITH  RESPECT  TO  THE  DEAD  OR  LIVING  BODIES  OF  CERTAIN 
PROTECTED    BIRDS    OR    MAMMALS. 


G.  L.  (Ter. 
Ed.),  131, 
§  124, 
amended. 


Sale,  etc.,  of 
certain  birds 
prohibited. 


Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  twenty-four  of  chapter  one 
hundred  and  thirty-one  of  the  General  Laws,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  adding 
at  the  end  the  following :  —  or  by  imprisonment  for  not 
more  than  thirty  days,  or  both,  —  so  as  to  read  as  follows: 
—  Section  124-  No  person,  except  as  provided  in  section 
one  hundred  and  twenty-five,  one  hundred  and  twenty-six, 
one  hundred  and  twenty-seven,  one  hundred  and  twenty- 
nine,  one  hundred  and  twenty-nine  A  or  one  hundred  and 
thirty,  shall  buy,  sell,  barter,  exchange,  or  in  any  way  deal 
in  or  trade  with  respect  to,  the  dead  or  living  bodies  of  birds 
or  mammals,  protected  by  the  law  in  this  commonwealth, 
whenever  and  wherever  taken  or  killed.  Whoever  violates 
any  provision  of  this  section  shall  be  punished  by  a  fine  of 
not  less  than  fifty  nor  more  than  one  hundred  dollars  or  by 
imprisonment  for  not  more  than  thirty  days,  or  both. 

Approved  April  26,  19S7. 


G.  L.  (Ter. 
Ed.),  90,  §  24, 
etc.,  amended. 


C/iap. 230  An  Act  authorizing  the  issuance  of  a  summons  instead 

OF  A  WARRANT  IN  CERTAIN  PROSECUTIONS  FOR  VIOLATION 
OF  THE   MOTOR   VEHICLE   LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Paragraph  (2)  (a)  of  section  twenty-four  of 
chapter  ninety  of  the  General  Laws,  as  appearing  in  section 
one  of  chapter  four  hundred  and  thirty-four  of  the  acts  of 
nineteen  hundred  and  thirty-six,  is  hereby  amended  by  in- 
serting at  the  end  the  following  new  sentence:  —  A  sum- 
mons may  be  issued  instead  of  a  warrant  for  arrest  upon  a 
complaint  for  a  violation  of  any  provision  of  this  paragraph 
if  in  the  judgment  of  the  court  or  justice  receiving  the 
complaint  there  is  reason  to  believe  that  the  defendant  will 
appear  upon  a  summons,  —  so  as  to  read  as  follows :  —  (2) 
(a)  Whoever  upon  any  way  or  in  any  place  to  which  the 
public  has  a  right  of  access  operates  a  motor  vehicle  reck- 
lessly, or  operates  such  a  vehicle  negligently  so  that  the 
lives  or  safety  of  the  public  might  be  endangered,  or  upon  a 
bet  or  wager  or  in  a  race,  or  whoever  operates  a  motor  vehicle 
for  the  purpose  of  making  a  record  and  thereby  violates 
any  provision  of  section  seventeen  or  any  regulation  under 
section  eighteen,  or  whoever  without  stopping  and  making 
known  his  name,  residence  and  the  register  number  of  his 
motor  vehicle  goes  away  after  knowingly  colliding  with  or 
otherwise  causing  injury  to  any  other  vehicle  or  property, 
or  whoever  uses  a  motor  vehicle  without  authority  knowing 
that  such  use  is  unauthorized,  or  whoever  loans  or  know- 


Summons  for 
violations  of 
motor  vehicle 
law. 


Acts,  1937. —Chap.  231.  195 

ingly  permits  his  license  to  operate  motor  vehicles  to  be 
used  by  any  person,  or  whoever  makes  false  statements 
in  an  application  for  such  a  license  or  falsely  impersonates 
the  person  named  in  such  an  appHcation  or  procures  such 
false  impersonation  whether  of  himself  or  of  another,  or 
whoever  in  an  application  for  registration  of  a  motor  vehicle 
or  trailer  gives  as  his  name  or  address  or  the  place  where 
such  vehicle  is  principally  garaged  a  false  name,  address  or 
place,  shall  be  punished  by  a  fine  of  not  less  than  twenty 
nor  more  than  two  hundred  dollars  or  by  imprisonment  for 
not  less  than  two  weeks  nor  more  than  two  years,  or  both; 
and  whoever  operates  a  motor  vehicle  upon  any  way  or  in 
any  place  to  which  the  pubHc  has  a  right  of  access  and, 
without  stopping  and  making  known  his  name,  residence 
and  the  register  number  of  his  motor  vehicle,  goes  away 
after  knowingly  colhding  with  or  otherwise  causing  injury 
to  any  person  shall  be  punished  by  imprisonment  for  not 
less  than  two  months  nor  more  than  two  years.  A  summons 
may  be  issued  instead  of  a  warrant  for  arrest  upon  a  com- 
plaint for  a  violation  of  any  provision  of  this  paragraph 
if  in  the  judgment  of  the  court  or  justice  receiving  the 
complaint  there  is  reason  to  believe  that  the  defendant  will 
appear  upon  a  summons. 

Section  2.     This  act  shall  take  effect  upon  September  Effective  date, 
first  in  the  current  year.  Approved  April  26,  1937. 


An  Act  providing  for  increasing  the  amount  of  certain  Chav.2Z\ 

ANNUAL  ALLOWANCES  PAYABLE  BY  THE  TOWN  OF  MILTON 
TO  WIDOWS  OF  MEMBERS  OF  ITS  POLICE  OR  FIRE  FORCE 
KILLED  OR  DYING  FROM  INJURIES  RECEIVED  IN  THE  PER- 
FORMANCE   OF   DUTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  annuity  payable  under  chapter  sixteen 
of  the  Special  Acts  of  nineteen  hundred  and  nineteen  and 
pensions  granted  by  the  town  of  IVIilton  prior  to  the  effective 
date  of  this  act  to  widows  of  members  of  its  police  force  or 
of  its  fire  force  who,  prior  to  January  first,  nineteen  hundred 
and  thirty,  were  killed  or  died  from  injuries  received  in  the 
performance  of  duty,  may  be  severally  increased  by  the  se- 
lectmen of  said  town  to  amounts  not  exceeding  one  thousand 
dollars,  respectively. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  year  nineteen 
hundred  and  thirty-eight  in  the  form  of  the  following  ques- 
tion, which  shall  be  placed  upon  the  official  ballot  to  be 
used  for  the  election  of  town  officers  at  said  meeting:  "Shall 
an  act  passed  by  the  General  Court  entitled  'An  Act  pro- 
viding for  increasing  the  amount  of  certain  annual  allow- 
ances payable  by  the  town  of  Milton  to  widows  of  members 
of  its  police  or  fire  force  killed  or  dying  from  injuries 
received  in  the  performance  of  duty',  be  accepted?"     If  a 


196 


Acts,  1937. —Chap.  232. 


majority  of  the  votes  in  answer  to  said  question  is  in  the 
affirmative,  then  this  act  shall  thereupon  take  full  effect, 
but  not  otherwise.  Approved  April  26,  1937. 


G.  L.  (Ter. 
Ed.),  32,  I  6, 
amended. 


"Teacher", 
word  defined. 


Chap. 232  An  Act  to  allow  credit  under  the  teachers'  retire- 
ment LAW  FOR  SERVICE  RENDERED  AS  AN  EXCHANGE 
TEACHER   IN    CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  thirty-two  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  adding  the  following  to  the  definition 
of  "Teacher",  —  ,  except  a  person  serving  as  an  exchange 
teacher  in  such  schools  who  is  not  at  the  time  of  entry  into 
such  service  a  member  of  the  association,  —  so  that  said 
definition  will  read  as  follows :  — 

"Teacher",  any  person  employed  by  one  or  more  school 
committees  or  boards  of  trustees,  or  by  any  combination  of 
such  committees  and  boards,  on  a  full  time  basis  as  a  teacher, 
principal,  supervisor  or  superintendent  in  the  public  day 
schools  in  the  commonwealth,  or  as  a  supervisor  or  teacher 
of  adult  alien  education,  except  a  person  serving  as  an  ex- 
change teacher  in  such  schools  who  is  not  at  the  time  of 
entry  into  such  service  a  member  of  the  association. 

Section  2.  Paragraph  (3)  of  section  seven  of  said  chap- 
ter thirtj'-'two,  as  so  appearing,  is  hereby  amended  by  strik- 
ing out  the  first  sentence  and  inserting  in  place  thereof  the 
following :  — 

Any  teacher  who  entered  the  service  of  the  public  schools 
before  July  first,  nineteen  hundred  and  fourteen,  who  has 
not  become  a  member  of  the  association,  may  hereafter, 
before  attaining  the  age  of  seventy,  upon  written  applica- 
tion to  the  board,  become  a  member  of  the  association  by 
paying  into  the  annuity  fund  established  by  paragraph  (2) 
of  section  nine  an  amount  equal  to  the  total  assessments, 
together  with  regular  interest  thereon,  which  he  would 
have  paid  if  he  had  joined  the  association  on  September 
thirtieth,  nineteen  hundred  and  fourteen,  and  had  continued 
to  serve  in  his  regular  position  as  teacher  during  all  periods 
while  he  was  serving  as  an  exchange  teacher;  and  any 
amount  paid  hereunder  shall  thereby  become  a  part  of  the 
assessments  of  the  member  making  the  same. 

Section  3.  Section  seven  of  said  chapter  thirty-two  is 
hereby  amended  by  adding  at  the  end  thereof  the  following 
new  paragraph :  — 

(5)  Service  rendered  by  a  member  of  the  association  as  an 
exchange  teacher  elsewhere  than  in  the  public  day  schools 
in  this  commonwealth  shall  not  terminate  his  member- 
ship in  the  association.  If  his  salary  as  such  an  exchange 
teacher  is  paid  by  a  city  or  town  in  this  commonwealth 
where  he  is  regularly  employed,  regular  assessments  shall 
be  deducted  therefrom  in  the  same  manner  and  to  the 


G.  L.  (Ter. 
Ed.),  32,  §  7, 
amended. 


Teachers  who 
may  join 
association. 


G.  L.  (Ter. 
Ed.),  32.  §  7. 
further 
amended. 

Exchange 
teachers. 


Acts,  1937. —Chap.  233.  197 

same  extent  as  though  he  were  regularly  employed  therein. 
Service  rendered  as  such  an  exchange  teacher  shall  be  con- 
sidered as  service  in  the  public  schools  in  the  common- 
wealth in  determining  the  amount  of  his  pension;  provided, 
that  regular  assessments  are  deducted  from  his  salary  as 
aforesaid  or,  if  his  salary  as  such  an  exchange  teacher  is  not 
paid  by  any  such  city  or  town,  he  or  someone  in  his  behalf 
pays  into  the  annuity  fund  established  by  paragraph  (2) 
of  section  nine  in  one  sum,  within  five  years  from  the  date 
when  he  returns  to  public  school  service  as  a  regular  teacher 
and  while  so  employed,  the  assessments  which  would  have 
been  paid  if  he  had  been  employed  in  his  regular  position 
during  the  period  employed  as  exchange  teacher  as  afore- 
said; and  any  amount  paid  hereunder  shall  thereby  become 
a  part  of  the  assessments  of  the  member  making  the  same. 

Section  4.    Any  person  employed  as  an  exchange  teacher  Certain 
elsewhere  than  in  the  public  day  schools  in  this  common-  jprn^assocTa*-^ 
wealth  prior  to  the  effective  date  of  this  act  may,  within  t'on. 
five  years  from  said  date,  if  employed  as  a  regular  teacher  '^^''J^p?^^^ 
in  said  public  day  schools,  pay  into  the  annuity  fund  estab- 
lished by  paragraph   (2)  of  section  nine  in  one  sum  the 
assessments  which  he  would  have  paid  if  he  had  continued 
in  his  regular  position  in  said  pubHc  day  schools  during 
the  period  employed  as  such  an  exchange  teacher,  and  upon 
payment  of  said  assessments  the  service  rendered  by  him 
as  such  an  exchange  teacher  shall  be  considered  as  regular 
service  in  the  public  day  schools  in  this  commonwealth  in 
determining  his  pension.     Any  amount  paid  hereunder  shall 
thereby  become  a  part  of  the  assessments  of  the  member 
making  the  same.  Approved  April  26,  1937. 


An  Act  relative  to  the  making  by  co-operative  banks 
of  loans  upon  real  estate  differing  from  ordinary 

co-operative  BANK  LOANS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  ninety-one  of  the  acts  of  nineteen 
hundred  and  thirty-five,  as  amended  by  chapter  two  hundred 
and  three  of  the  acts  of  nineteen  hundred  and  thirty-six,  is 
hereby  further  amended  by  inserting  after  the  word  "liens" 
in  the  eighth  line  the  words:  —  or  mortgages  held  by  the 
bank  making  the  loan,  —  and  by  striking  out,  in  the  tenth 
line,  the  words  "eight  thousand  dollars"  and  inserting  in 
place  thereof  the  words :  —  ten  thousand  dollars,  or  if  thereby 
the  aggregate  of  all  loans  upon  real  estate  by  such  bank  which, 
as  to  any  one  borrower,  exceed  eight  thousand  dollars  and 
include  a  loan  or  loans  made  under  this  act  would  at  any 
time  be  in  excess  of  five  per  cent  of  the  aggregate  amount  of 
all  loans  secured  by  mortgages  of  real  estate  held  by  such 
bank,  —  and  by  striking  out  the  last  sentence,  —  so  as  to 
read  as  follows :  —  Any  co-operative  bank  established  under 
the  laws  of  the  commonwealth  may  within  six  years  from  the 


Chap,2SS 


198  Acts,  1937.  —  Chap.  234. 

effective  date  of  this  act  make  loans,  for  not  less  than  five 
nor  more  than  twenty  years,  secm:-ed  by  mortgages  of  real 
estate  situated  in  the  commonwealth,  the  title  to  which  is  in 
the  name  of  the  borrower  and  which  is  unencumbered  by  any 
mortgage  or  lien  other  than  municipal  liens  or  mortgages  held 
by  the  bank  making  the  loan;  but  no  loan  shall  be  made 
hereunder  if  thereby  the  aggregate  of  all  loans  upon  real 
estate  by  such  bank  to  any  one  borrower  would  exceed  ten 
thousand  dollars,  or  if  thereby  the  aggregate  of  all  loans 
upon  real  estate  by  such  bank  which,  as  to  any  one  borrower, 
exceed  eight  thousand  dollars  and  include  a  loan  or  loans 
made  under  this  act  would  at  any  time  be  in  excess  of  five 
per  cent  of  the  aggregate  amount  of  all  loans  secured  by 
mortgages  of  real  estate  held  by  such  bank.  Each  loan  here- 
under shall  be  further  secured  by  a  promissory  note  in  the 
full  sum  loaned,  signed  by  the  borrower,  shall  be  upon  im- 
proved real  estate  and  shall  not  exceed  eighty  per  cent  of  the 
value  of  the  mortgaged  property  as  certified  by  the  security 
committee  of  such  bank.  Every  such  mortgage  shall  contain 
provisions  calling  for  fixed  monthly  payments  in  the  same 
amount  during  the  term  of  the  loan,  which  payments  shall  be 
applied  first  to  interest  and  the  balance  thereafter  remaining 
applied  to  principal,  the  interest  to  be  computed  monthly 
on  the  unpaid  balance  thereof.  The  borrower,  and  each  sub- 
sequent owner  of  the  equity  of  redemption  of  such  real  estate, 
shall  at  all  times  be  a  member  of  the  bank,  holding  one 
or  more  unmatured,  paid-up  or  matured  shares,  in  his  own 
name.  Failure  to  comply  with  the  foregoing  requirement 
shall  constitute  a  breach  of  condition  for  which  the  unpaid 
balance  of  said  loan  shall  become  due  and  payable  forthwith, 
at  the  option  of  the  bank.  Approved  April  26,  1937. 


Chav.234:  An  Act  making  appropriations  for  the  maintenance  of 

DEPARTMENTS,  BOARDS,  COMMISSIONS,  INSTITUTIONS  AND 
CERTAIN  ACTIVITIES  OF  THE  COMMONWEALTH,  FOR  INTER- 
EST, SINKING  FUND  AND  SERIAL  BOND  REQUIREMENTS, 
AND  FOR  CERTAIN  PERMANENT  IMPROVEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

fo?''mamt^^'°°^  Section  1.  To  provide  for  the  maintenance  of  the  sev- 
nance  of  de-  eral  departments,  boards,  commissions  and  institutions,  of 
etcTioT^^'  sundry  other  services,  and  for  certain  permanent  improve- 
i?nkin**fund  mcnts,  and  to  meet  certain  requirements  of  law,  the  sums 
and  bond  sct  forth  iu  sectiou  two,  for  the  several  purposes  and  sub- 

anTfor"'''"*^'  ject  to  the  conditions  specified  in  said  section  two,  are  hereby 
certain^m-^  appropriated  from  the  general  fund  or  revenue  of  the  com- 
monwealth, unless  some  other  source  of  revenue  is  expressed, 
subject  to  the  provisions  of  law  regulating  the  disbursement 
of  public  funds  and  the  approval  thereof,  for  the  fiscal  year 
ending  November  thirtieth,  nineteen  hundred  and  thirty- 
seven,  or  for  such  other  period  as  may  be  specified. 


Acts,  1937.  —  Chap.  234.  199 

Section  2. 

Service  of  the  Legislative  Department. 

Item 

1  For  the  compensation  of  senators,  a  sum  not  exceed- 

ing eighty-two  thousand  dollars  .  .  .      $82,000  00 

2  For  the  compensation  for  travel  of  senators,  a  sum 

not  exceeding  fifty-nine  hundred  and  forty-three 

dollars 5,943  00 

3  For  the  compensation  of  representatives,  a  sum  not 

exceeding  four  hundred  eighty-two  thousand  dol- 
lars   482,000  00 

4  For  the  compensation  for  travel  of  representatives, 

a  sum  not  exceeding  thirty-six  thousand  six  hun- 
dred and  fifty  dollars 36,650  00 

5  For  the  salaries  of  the  clerk  of  the  senate  and  the 

clerk  of  the  house  of  representatives,  a  sum  not 

exceeding  ten  thousand  dollars  ....        10,000  00 

6  For  the  salaries  of  the  assistant  clerk  of  the  senate 

and  the  assistant  clerk  of  the  house  of  representa- 
tives, a  sum  not  exceeding  seven  thousand  dollars  7,000  00 

7  For  such  additional  clerical  assistance  to,  and  with 

the  approval  of,  the  clerk  of  the  house  of  represent- 
atives, as  may  be  necessary  for  the  proper  des- 
patch of  public  business,  a  sum  not  exceeding 
sixty-eight  hundred  dollars         ....  6,800  00 

8  For  such  additional  clerical  assistance  to,  and  with 

the  approval  of,  the  clerk  of  the  senate,  as  may  be 
necessary  for  the  proper  despatch  of  public  busi- 
ness, a  sum  not  exceeding  twenty-two  hundred 
and  eighty  dollars 2,280  00 

9  For  the  salary  of  the  sergeant-at-arms,  a  sum  not 

exceeding  four  thousand  dollars         .  .  .  4,000  00 

10  For  clerical  assistance,  office  of  the  sergeant-at-arms, 

a  sum  not  exceeding  forty-six  hundred  and  eighty 

dollars 4,680  00 

1 1  For  the  compensation  for  travel  of  doorkeepers,  as- 

sistant doorkeepers,  general  court  officers,  pages 
and  other  employees  of  the  sergeant-at-arms,  au- 
thorized by  law  to  receive  the  same,  a  sum  not 
exceeding  seventy-five  hundred  dollars       .  .  7,500  00 

12  For  the  salaries  of  the  doorkeepers  of  the  senate  and 

house  of  representatives,  and  the  postmaster,  with 
the  approval  of  the  sergeant-at-arms,  a  sum  not 
exceeding  eight  thousand  dollars         .  .  .  8,000  00 

13  For  the  salaries  of  assistant  doorkeepers  to  the  sen- 

ate and  house  of  representatives  and  of  general 
court  officers,  with  the  approval  of  the  sergeant- 
at-arms,  a  sum  not  exceeding  fifty-two  thousand 
eight  hundred  dollars 52,800  00 

14  For  compensation  of  the  pages  of  the  senate  and 

house  of  representatives,  with  the  approval  of  the 
sergeant-at-arms,  a  sum  not  exceeding  ninety-eight 
hundred  dollars         .  .  ...  9,800  00 

15  I'^or  the  salaries  of  clerks  employed  in  the  legislative 

document  room,  a  sum  not  exceeding  fifty-seven 

hundred  dollars 5,700  00 

16  For  certain  other  persons  employed  by  the  sergeant- 

at-arms,  in  and  about  the  chambers  and  rooms  of 
the  legislative  department,  a  sum  not  exceeding 
thirty-one  hundred  and  fifty  dollars    .  .  3,150  00 

17  For  the  salaries  of  the  chaplains  of  the  senate  and 

house  of  representatives,   a  sum  not  exceeding 

fifteen  hundred  dollars 1,500  GO 


200  Acts,  1937.  —  Chap.  234. 

Item 

18  For  personal  services  of  the  counsel  to  the  senate  and 

assistants,  a  sum  not  exceeding  sixteen  thousand 

three  hundred  dollars $16,300  00 

19  For  personal  services  of  the  counsel  to  the  house  of 

representatives  and  assistants,  a  sum  not  exceed- 
ing twenty  thousand  dollars       ....        20,000  00 

20  For  clerical  and  other  assistance  of  the  senate  com- 

mittee on  rules,  a  sum  not  exceeding  fifty-five 

hundred  dollars 5,500  00 

21  For  clerical  and  other  assistance  of  the  house  com- 

mittee on  rules,  a  sum  not  exceeding  forty-five 

hundred  dollars 4,500  00 

22  For  traveling  and  such  other  expenses  of  the  com- 

mittees of  the  present  general  court  as  may  be 
authorized  by  order  of  either  branch  of  the  gen- 
eral court,  a  sum  not  exceeding  six  thousand  dol- 
lars   6,000  00 

22a  For  certain  expenses  of  the  senate  committee  on 
elections,  as  authorized  by  legislative  order,  a  sum 
not  exceeding  fifty-nine  hundred  one  dollars  and 
twenty-five  cents      .         .         .         .         .         .         5,901  25 

23  For  printing,  binding  and  paper  ordered  by  the  sen- 

ate and  house  of  representatives,  or  by  concurrent 
order  of  the  two  branches,  with  the  approval  of 
the  clerks  of  the  respective  branches,  a  sum  not 
exceeding  sixty-five  thousand  dollars  .         .  65,000  00 

24  For  printing  the  manual  of  the  general  court,  with 

the  approval  of  the  clerks  of  the  two  branches,  a 

sum  not  exceeding  five  thousand  dollars  .  5,000  00 

25  For  expenses  in  connection  with  the  publication  of 

the  bulletin  of  committee  hearings  and  of  the  daily 
list,  with  the  approval  of  the  joint  committee  on 
rules,  a  sum  not  exceeding  seventeen  thousand 
dollars 17,000  00 

26  For  stationery  for  the  senate,  purchased  by  and  with 

the  approval  of  the  clerk,  a  sum  not  exceeding  five 

hundred  dollars 500  00 

27  For  office  and  other  expenses  of  the  committee  on 

rules  on  the  part  of  the  senate,  a  sum  not  exceed- 
ing three  hundred  dollars  ....  300  00 

28  For  office  expenses  of  the  counsel  to  the  senate,  a 

sum  not  exceeding  three  hundred  dollars     .  .  300  00 

29  For  stationery  for  the  house  of  representatives,  pur- 

chased by  and  with  the  approval  of  the  clerk,  a 

sum  not  exceeding  nine  hundred  dollars     .  .  900  00 

30  For  office  and  other  expenses  of  the  committee  on 

rules  on  the  part  of  the  house,  a  sum  not  exceed- 
ing four  hundred  dollars  .....  400  00 

31  For  office  expenses  of  the  counsel  to  the  house  of  rep- 

resentatives, a  sum  not  exceeding  three  hundred 

dollars 300  00 

32  For  contingent  expenses  of  the  senate  and  house  of 

representatives,  and  necessary  expenses  in  and 
about  the  state  house,  with  the  approval  of  the 
sergeant-at-arms,  a  sum  not  exceeding  ten  thou- 
sand dollars  • 10,000  00 

33  For  telephone  service,  a  sum  not  exceeding  ten  thou- 

sand dollars 10,000  00 

34  For  the  purchase  of  outline  sketches  of  members  of 

the  senate  and  house  of  representatives,  a  sum 

not  exceeding  eighteen  hundred  and  fifty  dollars  1,850  00 

35  For  the  payment  of  witness  fees  to  persons  sum- 

moned to  appear  before  committees  of  the  general 
court,  and  for  expenses  incidental  to  summoning 
them,  with  the  approval  of  the  sergeant-at-arms, 
a  simi  not  exceeding  two  hundred  doUars    .         .  200  00 


Acts,  1937.  —  Chap.  234.  201 

Item 

36  For  indexing  the  special  laws  of  the  commonwealth, 

under  the  direction  of  the  senate  and  house  coun- 
sel, as  authorized  by  chapter  five  of  the  resolves  of 
nineteen  hundred  and  thirty-five,  a  sum  not  ex- 
ceeding six  thousand  dollars      ....        $6,000  00 

Total $905,754  25 

Service  of  the  Judicial  Department. 

Supreme  Judicial  Court,  as  follows: 

37  For  the  salaries  of  the  chief  justice  and  of  the  six 

associate  justices,  a  sum  not  exceeding  ninety- 
nine  thousand  dollars $99,000  00 

38  For  traveling  allowance  and  expenses,  a  sum  not  ex- 

ceeding thirty-five  hundred  dollars      .  .  .  3,500  00 

39  For  the  salary  of  the  clerk  for  the  commonwealth, 

a  sum  not  exceeding  sixty-five  hundred  dollars     .  6,500  00 

40  For  clerical  assistance  to  the  clerk,  a  sum  not  ex- 

ceeding eighteen  hundred  dollars         .  .  .  1,800  00 

41  For  law  clerks,  stenographers  and  other  clerical  as- 

sistance for  the  justices,  a  sum  not  exceeding 

twenty-six  thousand  dollars        ....        26,000  00 

42  For  office  supplies,  services  and  equipment,  a  sum 

not  exceeding  four  thousand  dollars    .  .  .  4,000  00 

43  For  the  salaries  of  the  officers  and  messengers,  a  sum 

not  exceeding  three  thousand  and  forty  dollars     .  3,040  00 

44  For  the  commonwealth's  part  of  the  salary  of  the 

clerk  for  the  county  of  Suffolk,  a  sum  not  exceed- 
ing fifteen  hundred  dollars         ....         1,500  00 

Reporter  of  Decisions: 

45  For  the  salary  of  the  reporter  of  decisions,  a  sum 

not  exceeding  six  thousand  dollars      .  .  .  6,000  00 

46  For  clerk  hire  and  office  supplies,  services  and  equip- 

ment, a  sum  not  exceeding  ninety-seven  hundred 

dollars 9,700  00 

Pensions: 

47  For  the  pensions  of  retired  court  officers,  a  sum  not 

exceeding  two  hundred  dollars  ....  200  00 

Total $161,240  00 

Superior  Court,  as  follows: 

48  For  the  salaries  of  the  chief  justice  and  of  the  thirty- 

one  associate  justices,  a  sum  not  exceeding  three 

hundred  eighty-five  thousand  dollars  .  .    $385,000  00 

49  For  traveling  allowances  and  expenses,  a  sum  not 

exceeding  sixteen  thousand  dollars     .  .  .        16,000  00 

50  For  the  salary  of  the  assistant  clerk,  Suffolk  county, 

a  sum  not  exceeding  one  thousand  dollars  .  .  1,000  00 

51  For  clerical  work,  inspection  of  records  and  doings 

of  persons  authorized  to  admit  to  bail,  for  an 
executive  clerk  to  the  chief  justice,  and  for  certain 
other  expenses  incident  to  the  work  of  the  court,  a 
sum  not  exceeding  eleven  thousand  six  hundred 
dollars 11,600  00 

52  For  pensions  of  retired  justices,  a  sum  not  exceeding 

six  thousand  dollars  .....  6,000  00 

Total $419,600  00 

Justices  of  District  Courts: 

53  For  compensation  of  justices  of  district  courts  while 

sitting  in  the  superior  court,  a  sum  not  exceeding 

twenty-two  thousand  dollars      ....     $22,000  00 


202  Acts,  1937.  —  Chap.  234. 

Item 

54  For  expenses  of  justices  of  district  courts  while  sitting 

in  the  superior  court,  a  sum  not  exceeding  twenty- 
six  hundred  dollars $2,600  00 

55  For  reimbursing  certain  counties  for  compensation 

of  certain  special  justices  for  services  in  holding 
sessions  of  district  courts  in  place  of  the  justice, 
while  sitting  in  the  superior  court,  a  sum  not  ex- 
ceeding seven  thousand  dollars  ....  7,000  00 


Total $31,600  00 

Judicial  Council: 

66  For  expenses  of  the  judicial  council,  as  authorized  by- 
section  thirty-four  C  of  chapter  two  hundred  and 
twenty-one  of  the  General  Laws,  as  appearing  in 
the  Tercentenary  Edition  thereof,  a  sum  not  ex- 
ceeding five  hundred  dollars       .  .  .  .  $500  00 

57  For  compensation  of  the  secretary  of  the  judicial 
council,  as  authorized  by  said  section  thirty-four 
C  of  said  chapter  two  hundred  and  twenty-one,  a 
sum  not  exceeding  thirty-five  hundred  dollars       .  3,500  00 


Total $4,000  00 

Administrative  Committee  of  District  Courts: 

58  For  compensation  and  expenses  of  the  administrative 

committee  of  district  courts,  a  sum  not  exceeding 

twenty-five  hundred  dollars       ....       $2,500  00 

Probate  and  Insolvency  Courts,  as  follows: 

59  For  the  salaries  of  judges  of  probate  of  the  several 

counties,  a  sum  not  exceeding  one  hundred  twenty- 
seven  thousand  five  hundred  dollars  .  .  .    $127,500  00 

60  For  pensions  of  retired  judges,  a  sum  not  exceeding 

sixty-three  hundred  and  seventy-five  dollars         .  6,375  00 

61  For  the  compensation  of  judges  of  probate  when 

acting  for  other  judges  of  probate,  a  sum  not  ex- 
ceeding eight  thousand  dollars  ....  8,000  00 

62  For  expenses  of  judges  of  probate  when  acting  for 

other  judges  of  probate,  a  sum  not  exceeding  five 

hundred  dollars 500  00 

63  For  the  salaries  of  registers  of  the  several  counties, 

a  sum  not  exceeding  sixty-three  thousand  three 

hundred  dollars 63,300  00 

64  For  the  salaries  of  assistant  registers,  a  sum  not  ex- 

ceeding seventy-four  thousand  nine  hundred  and 

fifty-five  dollars 74,955  00 

Total $280,630  00 

Administrative  Committee  of  Probate  Courts: 

65  For  expenses  of  the  administrative  committee  of 

probate  courts,  a  sum  not  exceeding  five  hundred 

dollars $500  00 

For  clerical  assistance  to  Registers  of  the  several 
counties,  as  follows: 

66  Barnstable,  a  sum  not  exceeding  twenty-six  hundred 

and  eighty  dollars $2,680  00 

67  Berkshire,  a  sum  not  exceeding  fifty-one  hundred 

dollars 5,100  00 

68  Bristol,  a  sum  not  exceeding  fourteen  thousand  four 

hundred  and  ninety  dollars         ....       14,490  00 


Acts,  1937.  —  Chap.  234.  203 

Item 

69  Dukes  County,  a  sum  not  exceeding  six  hundred  and 

sixty  dollars $660  00 

70  Essex,  a  sum  not  exceeding  nineteen  thousand  six 

hundred  dollars 19,600  00 

71  Franklin,  a  sum  not  exceeding  ten  hundred  and  fifty 

dollars 1,050  00 

72  Hampden,  a  sum  not  exceeding  twelve  thousand  five 

hundred  and  forty  dollars  ....        12,540  00 

73  Hampshire,  a  sum  not  exceeding  sixteen  hundred  and 

eighty  dollars 1,680  00 

74  Middlesex,  a  sum  not  exceeding  forty-seven  thou- 

sand three  hundred  dollars         ....        47,300  00 

75  Norfolk,  a  sum  not  exceeding  fifteen  thousand  one 

hundred  and  fifty  dollars  .  .  .  .        15,150  00 

76  Plymouth,  a  sum  not  exceeding  forty-seven  hundred 

and  forty-six  dollars  .....  4,746  00 

77  Suffolk,  a  sum  not  exceeding  sixty-one  thousand 

eight  hundred  dollars 61,800  00 

78  Worcester,  a  sum  not  exceeding  fifteen  thousand  four 

hundred  dollars 15,400  00 


Total $202,196  00 

District  Attorneys,  as  follows: 

79  For  the  salaries  of  the  district  attorney  and  assistants 

for  the  Suffolk  district,  a  sum  not  exceeding  sixty- 
six  thousand  dollars $66,000  00 

80  For  the  salaries  of  the  district  attorney  and  assistants 

for  the  northern  district,  a  sum  not  exceeding 

thirty-two  thousand  dollars        ....        32,000  00 

81  For  the  salaries  of  the  district  attorney  and  assistants 

for  the  eastern  district,  a  sum  not  exceeding  seven- 
teen thousand  four  hundred  dollars     .  .  .        17,400  00 

82  For  the  salaries  of  the  district  attorney,  deputy  dis- 

trict attorney  and  assistants  for  the  southeastern 
district,  a  sum  not  exceeding  eighteen  thousand  six 
hundred  dollars 18,600  00 

83  For  the  salaries  of  the  district  attorney  and  assistants 

for  the  southern  district,  a  sum  not  exceeding  ten 

thousand  four  hundred  dollars  ....        10,400  00 

84  For  the  salaries  of  the  district  attorney  and  assistants 

for  the  middle  district,  a  sum  not  exceeding  fifteen 

thousand  dollars 15,000  00 

85  For  the  salaries  of  the  district  attorney  and  assistants 

for  the  western  district,  a  sum  not  exceeding  ten 

thousand  four  hundred  dollars  ....        10,400  00 

86  For  the  salary  of  the  district  attorney  for  the  north- 

western district,  a  sum  not  exceeding  four  thou- 
sand dollars 4,000  00 

87  For  traveling  expenses  necessarily  incurred  by  the 

district  attorneys,  except  in  the  Suffolk  district, 
for  the  present  and  previous  years,  a  sum  not  ex- 
ceeding seven  thousand  dollars  ....  7,000  00 


Total $180,800  00 

Service  of  the  Land  Court. 

88  For  the  salaries  of  the  judge,  associate  judges,  the 

recorder  and  court  officer,  a  sum  not  exceeding 
thirty-eight  thousand  nine  hundred  and  eighty- 
four  dollars $38,984  00 

89  For  engineering,  clerical  and  other  personal  services, 

a  sum  not  exceeding  forty-two  thousand  six  hun- 
dred and  forty  dollars 42,640  00 


204  Acts,  1937.  —  Chap.  234. 

Item 

90  For  personal  services  in  the  examination  of  titles,  for 

publishing  and  serving  citations  and  other  serv- 
ices, traveling  expenses,  supplies  and  office  equip- 
ment, and  for  the  preparation  of  sectional  plans 
showing  registered  land,  a  sum  not  exceeding  four- 
teen thousand  dollars $14,000  00 

Total $95,624  00 

Service  of  the  Board  of  Probation. 

91  For  personal  services  of  the  commissioner,  clerks 

and  stenographers,  a  sum  not  exceeding  fifty-nine 

thousand  five  hundred  dollars    ....      $59,500  00 

92  For  services  other  than  personal,  including  printing 

the  annual  report,  traveling  expenses,  rent,  office 
supplies  and  equipment,  a  sum  not  exceeding  thir- 
teen thousand  three  hundred  dollars  .         .         .        13,300  00 

Total $72,800  00 

Service  of  the  Board  of  Bar  Examiners. 

93  For  personal  services  of  the  members  of  the  board, 

a  sum  not  exceeding  twelve  thousand  five  hun- 
dred dollars $12,500  00 

94  For  other  services,  including  printing  the  annual 

report,  traveUng  expenses,  office  supphes  and 
equipment,  a  sum  not  exceeding  eight  thousand 
dollars 8,000  00 

Total $20,500  00 

Service  of  the  Executive  Department. 

95  For  the  salary  of  the  governor,  a  sum  not  exceeding 

ten  thousand  dollars $10,000  00 

96  For  the  salary  of  the  lieutenant  governor,  a  sum  not 

exceeding  four  thousand  dollars  .         .         .         4,000  00 

97  For  the  salaries  of  the  eight  councillors,  a  sum  not 

exceeding  eight  thousand  dollars         .  .  .  8,000  00 

98  For  the  salaries  of  officers  and  employees  of  the  de- 

partment, a  sum  not  exceeding  forty-six  thousand 

five  hundred  dollars 46,500  00 

99  For   certain   personal   services   for   the   lieutenant 

governor  and  council,  a  sum  not  exceeding  six 

thousand  dollars 6,000  00 

100  For  travel  and  expenses  of  the  lieutenant  governor 

and  council  from  and  to  their  homes,  a  sum  not 

exceeding  one  thousand  dollars  ....  1,000  00 

101  For  postage,  printing,  office  and  other  contingent 

expenses,  including  travel  of  the  governor,  a  sum 

not  exceeding  thirty  thousand  dollars         .  .        30,000  00 

102  For    postage,    printing,    stationery,    traveling   and 

contingent  expenses  of  the  governor  and  council, 

a  sum  not  exceeding  twenty-five  hundred  dollars  .  2,500  00 

103  For  expenses  incurred  in  the  arrest  of  fugitives  from 

justice,  a  sum  not  exceeding  one  thousand  dollars  1,000  00 

104  For  payment  of  extraordinary   expenses   and  for 

transfers  made  to  cover  deficiencies,  with  the 
approval  of  the  governor  and  council,  a  sum  not 
exceeding  one  hundred  thousand  dollars     .  .      100,000  00 

105  For  the  purchase  of  an  automobile  for  the  governor, 

a  sum  not  exceeding  twenty-three  hundred  dollars         2,300  00 

106  For  certain  maintenance  expenses  of  the  governor's 

automobile,  a  sum  not  exceeding  two  thousand 

doUars 2,000  00 


Acts,  1937.  —  Chap.  234.  205 

Item 

107  For  the  purchase  of  a  portrait  of  a  former  governor, 
as  authorized  by  section  nineteen  of  chapter  eight 
of  the  General  Laws,  as  appearing  in  the  Tercen- 
tenary Edition  thereof,  a  sum  not  exceeding  three 
thousand  dollars $3,000  00 


Total $216,300  00 

Service  of  the  Adjutant  General. 

108  For  the  salary  of  the  adjutant  general,  a  sum  not 

exceeding  thirty-eight  hundred  and  fifty  dollars  .        $3,850  00 

109  For  personal  services  of  office  assistants,  including 

services  for  the  preparation  of  records  of  Massa- 
chusetts soldiers  and  sailors,  a  sum  not  exceed- 
ing thirty-three  thousand  nine  hundred  and  fifty 
dollars 33,950  00 

110  For  services  other  than  personal,  and  for  necessary 

office  supplies  and  expenses,  a  sum  not  exceeding 

five  thousand  dollars  .....  5,000  00 

111  For  expenses  of  the  national  guard  convention  and 

for  expenses  not  otherwise  provided  for  in  connec- 
tion with  military  matters  and  accounts,  a  sum 
not  exceeding  ten  thousand  five  hundred  dollars  .        10,500  00 

Total $53,300  00 

Service  of  the  Militia. 

112  For  allowances  to  companies  and  other  adminis- 

trative units,  a  sum  not  exceeding  one  hundred 

fiifty-nine  thousand  dollars  ....    $159,000  00 

113  For  the  cost  of  materials  and  equipment  and  inci- 

dental expenses  of  training  persons  in  the  use  of 
chemical  gas,  a  sum  not  exceeding  twenty-five 
hundred  dollars 2,500  00 

114  For  certain  allowances  for  national  guard  officers,  as 

authorized  by  paragraph  {d)  of  section  one  hun- 
dred and  forty-five  of  chapter  thirty-three  of  the 
General  Laws,  as  appearing  in  the  Tercentenary 
Edition  thereof,  a  sum  not  exceeding  twenty-four 
thousand  dollars 24,000  00 

115  For  pay  and  transportation  of  certain  boards,  a  sum 

not  exceeding  thirty-five  hundred  dollars     .  .  3,500  00 

116  For  pay  and  expenses  of  certain  camps  of  instruction, 

a  sum  not  exceeding  three  thousand  dollars         .  3,000  00 

117  For  pay  and  transportation  in  making  inspections 

and  surveys,  and  for  escort  duty,  a  sum  not  ex- 
ceeding thirty-five  hundred  dollars     .  .  .  3,500  00 

118  For  transportation  of  officers  and  non-commissioned 

officers  for  attendance  at  military  meetings,  a  sum 

not  exceeding  thirty-five  hundred  dollars     .  3,500  00 

119  For  transportation  to  and  from  regimental  and  bat- 

talion drUls,  a  sum  not  exceeding  one  thousand 

dollars 1,000  00 

120  For  transportation  when  appearing  for  examination, 

a  sum  not  exceeding  one  hundred  dollars     .  100  00 

121  For  expenses  of  rifle  practice,  a  sum  not  exceeding 

fifteen  thousand  dollars     .....        15,000  00 

122  For  compensation,  transportation  and  expenses  in 

the  preparation  for  camp  duty  maneuvers,  a  sum 

not  exceeding  thirty  thousand  dollars         .  .        30,000  00 

123  For  maintenance  of  horses,  a  sum  not  exceeding  six 

thousand  and  ninety-six  dollars  .  6,096  00 

124  For   compensation   for   special    and    miscellaneous 

duty,  a  sum  not  exceeding  thirteen  thousand  three 

hundred  dollars 13,300  00 


206  Acts,  1937.  —  Chap.  234. 

Item 

125  For  compensation  for  accidents  and  injuries  sus- 

tained in  the  performance  of  military  duty,  a  sum 

not  exceeding  eight  thousand  dollars  .  .  .        $8,000  00 

126  To  cover  certain  small  claims  for  damages  to  private 

property  arising  from  military  maneuvers,  a  sum 

not  exceeding  five  hundred  dollars     .  .  500  00 

127  For  expenses  of  maintaining  an  aero  squadron,  a 

sum  not  exceeding  four  thousand  dollars     .         .         4,000  00 

128  For  premiums  on  bonds  for  officers,  a  sum  not  ex- 

ceeding seventeen  hundred  dollars      .  .  .  1,700  00 

129  For  instruction  in  military  authority,  organization 

and  administration,  and  in  the  elements  of  mili- 
tary art,  a  sum  not  exceeding  thirteen  thousand 
five  hundred  dollars 13,500  00 

130  For  allowances  for  batteries  of  field  artillery,  a  sum 

not  exceeding  sixty-four  hundred  dollars  .  .  6,400  00 

131  For  expenses  of  operation  of  the  twenty-sixth  divi- 

sion, a  simi  not  exceeding  forty-five  hundred  dol- 
lars           4,500  00 

132  For  clerical  and  other  expenses  for  the  office  of  the 

property  and  disbursing  officer,  a  sum  not  exceed- 
ing fifty-six  hundred  dollars        ....  5,600  00 

133  For  personal  services  necessary  for  the  operation  of 

the  commonwealth  depot  and  motor  repair  park, 
a  sum  not  exceeding  thirty-six  thousand  nine  hun- 
dred and  sixty  dollars       .....        36,960  00 

134  (This  item  combined  with  Item  No.  145.) 


Total $345,656  00 

Service  of  Special  Military  Expenses. 

135  For  the  expense  of  furnishing  certificates  of  honor 

for  service  on  the  Mexican  border,  as  authorized 

by  law,  a  sum  not  exceeding  fifteen  dollars  .  .  $15  00 

136  For  the   expense  of  testimonials   to   soldiers   and 

sailors  of  the  world  war,  to  be  expended  under  the 
direction  of  the  adjutant  general,  a  sum  not  ex- 
ceeding two  hundred  and  fifty  dollars         .  .  250  00 

Total $265  00 

Service  of  the  Stale  Quartermaster. 

137  For  personal  services  of  the  state  quartermaster, 

superintendent  of  arsenal  and  certain  other  em- 
ployees of  the  state  quartermaster,  a  sum  not 
exceeding  twenty-one  thousand  seven  hundred 
and  thirty  dollars $21,730  00 

138  For  expert  assistance,  the  emplojTnent  of  which  may 

be  exempt  from  civil  service  rules,  in  the  disburse- 
ment of  certain  money  to  the  officers  and  enlisted 
men  of  the  militia  for  compensation  and  allow- 
ances, a  sum  not  exceeding  twelve  hundred  dollars  1,200  00 

139  For  the  salaries  of  armorers  and  assistant  armorers 

of  first-class  armories,  and  superintendent  of  ar- 
mories, a  sum  not  exceeding  one  hundred  thirty- 
nine  thousand  one  hundred  and  sixty  dollars         .      139,160  00 

140  For  certain  incidental  military  expenses  of  the  quar- 

termaster's   department,    a    sum    not    exceeding 

three  hundred  and  fifty  dollars  ....  350  00 

141  For  office  and  general  supplies  and  equipment,  a 

sum  not  exceeding  ninety-five  hundred  dollars     .  9,500  00 

142  For  the  care  and  maintenance  of  the  camp  ground 

and  buildings  at  Framingham,  a  sum  not  exceed- 
ing five  hundred  dollars    .....  500  00 


Acts,  1937. —Chap.  234.  207 

Item 

143  For  the  maintenance  of  armories  of  the  first  class, 

including  the  purchase  of  certain  furniture,  a  sum 
not  exceeding  one  hundred  ninety-five  thousand 
dollars $195,000  00 

144  For  reimbursement  for  rent  and  maintenance  of 

armories  not  of  the  first  class,  a  sum  not  exceeding 

fifty-one  hundred  dollars 5,100  00 

145  For  expense  of  maintaining  and  operating  the  Camp 

Curtis  Guild  rifle  range,  a  sum  not  exceeding 

twenty  thousand  six  hundred  and  twenty  dollars       20,020  00 

146  For  maintenance,  other  than  personal  services,  of  the 

commonwealth  depot  and  motor  repair  park,  a 
sum  not  exceeding  fifteen  thousand  five  hundred 
doUars 15,500  00 


Total $408,660  00 

Service  of  the  State  Surgeon. 

147  For  personal  services  of  the  state  surgeon,  and  regu- 

lar assistants,  a  sum  not  exceeding  seven  thou- 
sand and  twenty  dollars  .....        $7,020  00 

148  For  services  other  than  personal,  and  for  necessary 

medical  and  office  supplies  and  equipment,  a  sum 

not  exceeding  two  thousand  dollars     .  .  .  2,000  00 

149  For  the  examination  of  recruits,  a  sum  not  exceeding 

eight  thousand  dollars       .....  8,000  00 

Total $17,020  00 

Service  of  the  State  Judge  Advocate. 

150  For  compensation  of  the  state  judge  advocate,  as 

provided  by  law,  a  sum  not  exceeding  fifteen  hun- 
dred dollars $1,500  00 

Service  of  the  Commission  on  Ad?ninisiration  and  Finance. 

151  For  personal  services  of  the  commissioners,  a  sum  not 

exceeding  twenty-six  thousand  five  hundred  dol- 
lars   $26,500  00 

152a  For  personal  services  of  the  bureau  of  the  comp- 
troller, a  sum  not  exceeding  ninety-two  thousand 
and  ninety  dollars 92,090  00 

1 52b  For  personal  services  of  the  bureau  of  the  purchasing 
agent,  a  sum  not  exceeding  sixty-eight  thousand 
six  hundred  and  thirty  dollars   ....        68,630  00 

152c  For  other  personal  services  of  the  commission,  a  sum 
not  exceeding  fifty-three  thousand  three  hundred 
and  eighty  dollars 53,380  00 

153  For  other  expenses  incidental  to  the  duties  of  the 
commission,  a  sum  not  exceeding  twenty-seven 
thousand  dollars 27,000  00 


Total $267,600  00 

Purchase  of  paper: 

154  For  the  purchase  of  paper  used  in  the  execution  of 

the  contracts  for  state  printing,  other  than  legis- 
lative, with  the  approval  of  the  commission  on 
administration  and  finance,  a  sum  not  exceeding 
forty-nine  thousand  dollars         ....      $49,000  00 

Service  of  the  Armory  Commissioners. 

155  For  compensation  of  members,  a  sum  not  exceeding 

nine  hundred  dollars         .....  $900  00 


208  Acts,  1937.  —  Chap.  234. 

Item 

156  For  ofRce,  incidental,  and  traveling  expenses,  a  sum 

not  exceeding  one  hundred  dollars     .  .  .  $100  00 

157  For  final  payment  on  account  of  the  purchase  of  cer- 

tain land  in  the  town  of  Natick,  including  interest 
thereon,  a  sum  not  exceeding  twenty-three  thou- 
sand eight  hundred  and  five  dollars     .  .  23,805  00 

Total $24,805  00 

Service  of  the  Commissioner  of  State  Aid  and  Pensions. 

158  For  personal  services  of  the  commissioner  and  depu- 

ties, a  sum  not  exceeding  twelve  thousand  three 

hundred  and  seventy  dollars       ....      $12,370  00 

159  For  personal  services  of  agents,  clerks,  stenographers 

and  other  assistants,  a  sum  not  exceeding  twentj'^- 

eight  thousand  dollars 28,000  00 

160  For  services  other  than  personal,  including  printing 

the  annual  report,  traveling  expenses  of  the  com- 
missioner and  his  employees,  and  necessary  office 
supplies  and  equipment,  a  sum  not  exceeding  five 
thousand  dollars 5,000  00 

Total $45,370  00 

For  Expenses  on  Account  of  Wars. 

161  For  reimbursing  cities  and  towns  for  money  paid 

on  account  of  state  and  military  aid  to  Massachu- 
setts soldiers  and  their  families,  the  sum  of  three 
hundred  fifty-two  thousand  dollars,  the  same  to 
be  paid  on  or  before  the  fifteenth  day  of  Novem- 
ber in  the  current  year,  in  accordance  with  the 
provisions  of  existing  laws  relative  to  state  and 
military  aid $352,000  00 

162  For  certain  care  of  veterans  of  the  civil  war,  their 

wives  and  widows,  as  authorized  by  section 
twenty-five  of  chapter  one  hundred  and  fifteen 
of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition  thereof,  a  sum  not  exceeding 
twenty-seven  thousand  dollars  ....        27,000  00 

163  For  expenses  of  printing  certain  volumes  of  records 

of  Massachusetts  soldiers  in  the  civil  war,  a  sum 
not  exceeding  fifty-six  hundred  dollars,  the  same 
to  be  in  addition  to  any  unexpended  balance  of 
an  appropriation  made  for  the  purpose  in  previous 
years 5,600  00 

Total $384,600  00 

Service  of  the  Massachusetts  Soldiers'  Home. 

164  For  the   maintenance    of   the   Soldiers'   Home  in 

Massachusetts,  with  the  approval  of  the  trustees 
thereof,  a  sum  not  exceeding  two  hundred  ninety- 
four  thousand  dollars,  the  same  to  be  in  addition 
to  certain  receipts  from  the  United  States  govern- 
ment        $294,000  00 

165  For  the  cost  of  finishing  the  top  floor  of  the  nurses' 

dormitory,  a  sum  not  exceeding  sixty-five  him- 

dred  dollars 6,500  00 

166  For  the  cost  of  renovating  Sargent  Hall,  including  a 

considerable  reduction  in  fire  hazard  and  improve- 
ment in  the  sanitary  condition,  a  sum  not  exceed- 
ing fifty  thousand  dollars  ....        50,000  00 

Total $350,500  00 


I 


Acts,  1937.  —  Chap.  234.  209 


Service  of  the  Art  Commission. 

Item 

167  For  expenses  of  the  commission,  a  sum  not  exceeding 

one  hundred  and  fifty  dollars     .  .  .  .  $150  00 

Service  of  the  Commissioners  on  Uniform  State  Laws. 

168  For  expenses  of  the  commissioners,  a  sum  not  ex- 

ceeding seven  hundred  and  fifty  dollars       .  .  $750  00 

For  the  Maintenance  of  the  Mount  Greylock  War  Memorial. 

169  For  expenses  of  maintenance  of  the  Mount  Greylock 

war  memorial,  as  authorized  by  chapter  three 
hundred  and  thirty-six  of  the  acts  of  nineteen 
hundred  and  thirty-three,  a  sum  not  exceeding 
twenty-three  hundred  dollars     ....        $2,300  00 

Service  of  the  Alcoholic  Beverages  Control  Commission. 

The  following  items  shall  be  payable  from  fees 
collected  under  section  twenty-seven  of  chapter 
one  hundred  and  thirty-eight  of  the  General 
Laws,  as  most  recently  amended: 

170  For  personal  services,  a  sum  not  exceeding  one  hun- 

dred fifteen  thousand  four  hundred  dollars;  pro- 
vided, that  payments  from  this  appropriation  for 
the  services  of  investigators  rendered  after  May 
thirty-first  in  the  current  year  shall  not  be  made 
to  more  than  twenty-five  investigators         .  .    $115,400  00 

171  For  services  other  than  personal,  including  rent  of 

offices,  travel,  and  office  and  incidental  expenses, 

a  sum  not  exceeding  fortj'-four  thousand  dollars  .        44,000  00 

Total $159,400  00 

Service  of  the  State  Planning  Board. 

172  For  personal  services  of  secretary,  chief  engineer, 

and  other  assistants,  a  sum  not  exceeding  thirty 

thousand  five  hundred  dollars  ....      $30,500  00 

173  For  services  other  than  personal,  traveling  expenses, 

office  supplies  and  equipment,  a  sum  not  exceeding 

nine  thousand  dollars         .....  9,000  00 


Total $39,500  00 

Service  of  the  State  Library. 

174  For  personal  services  of  the  librarian,  a  sum  not  ex- 

ceeding fifty-seven  hundred  dollars  .  .        $5,700  00 

175  For  personal  services  of  the  regular  library  assist- 

ants, temporary  clerical  assistance,  and  for  serv- 
ices for  cataloguing,  a  sum  not  exceeding  forty-one 
thousand  dollars 41,000  00 

176  For  services  other  than  personal,  including  printing 

the  annual  report,  office  supplies  and  equipment, 
and  incidental  traveling  expenses,  a  sum  not  ex- 
ceeding twenty-three  hundred  dollars         .  .  2,300  00 

177  For  books  and  other  publications  and  things  needed 

for  the  library,  and  the  necessary  binding  and  re- 
binding  incidental  thereto,  a  sum  not  exceeding 
ten  thousand  five  hundred  dollars       .  .  .        10,500  00 

Total $59,500  00 


210  Acts,  1937.  —  Chap.  234. 


Service  of  the  Superintendent  of  Buildings. 

Item 

178  For  personal  services  of  the  superintendent  and  of- 

fice assistants,  a  sum  not  exceeding  ten  thousand 

seven  hundred  dollars $10,700  00 

179  For  personal  services  of  engineers,  assistant  engi- 

neers, firemen  and  helpers  in  the  engineer's  de- 
partment, a  sum  not  exceeding  sixty-one  thousand 
eight  hundred  dollars 61,800  00 

180  For  personal  services  of  capitol  pohce,  a  sum  not 

exceeding  forty-five  thousand  one  hundred  and 

eighty  dollars  . 45,180  00 

181  For  personal  services  of  janitors,  a  sum  not  exceed- 

ing twenty-five  thousand  and  fifty  dollars  .  .        25,050  00 

182  For  other  personal  services  incidental  to  the  care 

and  maintenance  of  the  state  house,  a  sum  not 
exceeding  eighty-two  thousand  five  hundred  and 
fifty  dollars 82,550  00 

183  For  personal  services  of  the  central  mailing  room, 

a  sum  not  exceeding  seventy-three  hundred  and 

eighty-five  dollars 7,385  00 


Total $232,665  00 

Other  Annual  Expenses: 

184  For  contingent,  office  and  other  expenses  of  the  su- 

perintendent, a  sum  not  exceeding  three  hundred 

dollars $300  00 

185  For  telephone  service  in  the  building  and  expenses 

in   connection   therewith,   a   sum  not  exceeding 

thirty-eight  thousand  dollars     ....        38,000  00 

186  For  services,  supplies  and  equipment  necessary  to 

furnish  heat,  light  and  power,  a  sum  not  exceeding 

forty-four  thousand  five  hundred  dollars     .  .        44,500  00 

187  For  other  services,  supplies  and  equipment  neces- 

sary for  the  maintenance  and  care  of  the  state 
house  and  grounds,  including  repairs  of  furniture 
and  equipment,  a  sum  not  exceeding  thirty-six 
thousand  dollars 36,000  00 

188  For  office  and  other  expenses  of  the  central  mailing 

room,  a  sum  not  exceeding  one  hundred  dollars  .  100  00 


Total $118,900  00 

Service  of  the  State  Racing  Commission. 

189  For  personal  services,  a  sum  not  exceeding  one  hun- 

dred forty-seven  thousand  dollars       .  .  .    $147,000  00 

190  For  other  administrative  expenses,  including  rent  of 

offices,  travel,  and  office  and  incidental  expenses, 
a  sum  not  exceeding  fifteen  thousand  five  hundred 
dollars 15,500  00 


Total $162,500  00 

For  the  Maintenance  of  Old  State  House. 

191  For  the  contribution  of  the  commonwealth  toward 

the  maintenance  of  the  old  provincial  state  house, 

the  sum  of  fifteen  hundred  dollars       .  .  .        $1,500  00 

Service  of  the  Secretary  of  the  Commornwealth. 

192  For  the  salary  of  the  secretary,  a  sum  not  exceeding 

seven  thousand  dollars      .....       $7,000  00 


Acts,  1937. —Chap.  234.  211 

Item 

193  For  the  salaries  of  officers  and  employees  holding 

positions  established  by  law,  and  other  personal 
services,  a  sum  not  exceeding  one  hundred  fifteen 
thousand  dollars $115,000  00 

194  For  services  other  than  personal,  traveling  expenses, 

office  supplies  and  equipment,  for  the  arrangement 
and  preservation  of  state  records  and  papers,  and 
for  advertising  the  purpose  of  sections  twenty- 
eight  A  to  twenty-eight  D  of  chapter  six  of  the 
General  Laws,  as  amended,  a  sum  not  exceeding 
seventeen  thousand  dollars         ....        17,000  00 

195  For  postage  and  expressage  on  public  documents, 

and  for  mailing  copies  of  bills  and  resolves  to  cer- 
tain state,  city  and  town  officials,  a  sum  not  ex- 
ceeding three  thousand  dollars  ....  3,000  00 

196  For  printing  registration  books,  blanks  and  indexes, 

a  sum  not  exceeding  one  thousand  dollars  .  .  1,000  00 

197  For  the  purchase  of  certain  supplies  and  equipment, 

and  for  other  things  necessary  in  connection  with 
the  reproduction  of  the  manuscript  collection 
designated  "Massachusetts  Archives",  a  sum  not 
exceeding  seventeen  hundred  dollars  .  .  1,700  00 

198  For  the  purchase  of  ink  for  public  records  of  the 

commonwealth,  a  sum  not  exceeding  one  thou- 
sand dollars 1,000  00 

199  For  traveling  expenses  of  the  supervisor  of  public 

records,  a  sum  not  exceeding  seven  hundred  dollars  700  00 

Total $146,400  00 

Indexing  vital  statistics : 

200  For  the  preparation  of  certain  indexes  of  births,  mar- 

riages and  deaths,  a  sum  not  exceeding  nine  thou- 
sand dollars $9,000  00 

For  printing  laws,  etc. : 

201  For  printing  and  distributing  the  pamphlet  edition 

and  for  printing  and  binding  the  blue  book  edition 
of  the  acts  and  resolves  of  the  present  year,  a  sum 
not  exceeding  thirteen  thousand  dollars       .  .      $13,000  00 

202  For  the  printing  of  reports  of  decisions  of  the  su- 

preme judicial  court,  a  sum  not  exceeding  twelve 
thousand  six  hundred  and  fifty  dollars,  the  same 
to  be  in  addition  to  any  unexpended  balance  of  an 
appropriation  made  for  the  purpose  in  the  preced- 
ing year 12,650  00 

203  For  printing  and  binding  public  documents,  a  sum 

not  exceeding  thirty-seven  hundred  dollars         .  3,700  00 

Total $29,350  00 

For  matters  relating  to  elections: 

204  For  personal  and  other  services  in  preparing  for 

primary  elections,  and  for  the  expenses  of  prepar- 
ing, printing  and  distributing  ballots  for  primary 
anci  other  elections,  a  sum  not  exceeding  six  thou- 
sand dollars $6,000  00 

205  For  the  printing  of  blanks  for  town  officers,  election 

laws  and  blanks  and  instructions  on  all  matters 
relating  to  elections,  a  sum  not  exceeding  four 
thousand  dollars 4,000  00 

206  For  furnishing  cities  and  towns  with  ballot  boxes, 

and  for  repairs  to  the  same;  for  the  purchase  of 
apparatus  to  be  used  at  polling  places  in  the 


212  Acts,  1937. —Chap.  234. 

Item 

canvass  and  counting  of  votes;  and  for  providing 
certain  registration  facilities,  a  sum  not  exceeding 
twenty-five  hundred  dollars        ....        $2,500  00 

207  For  services  and  expenses  of  the  electoral  college,  a 

sum  not  exceeding  seven  hundred  and  fifty  dollars  750  00 

Total $13,250  00 

Medical  Examiners'  Fees: 

208  For  medical  examiners'  fees,  as  provided  by  law,  a 

sum  not  exceeding  eleven  hundred  and  twenty- 
five  dollars $1,125  00 

209  (This  item  omitted.) 

Service  of  the  Treasurer  and  Receiver-General. 

210  For  the  salary  of  the  treasurer  and  receiver-general, 

a  sum  not  exceeding  six  thousand  dollars     .  .        $6,000  00 

211  For  salaries  of  officers  and  employees  holding  posi- 

tions established  by  law  and  additional  clerical 
and  other  assistance,  a  sum  not  exceeding  sixty 
thousand  six  hundred  dollars      ....        60,600  00 

212  For  services  other  than  personal,  traveling  expenses, 

office  supplies  and  equipment,  a  sum  not  exceeding 

twenty-one  thousand  dollars      ....       21,000  00 

Total $87,600  00 

Commissioners  on  Firemen's  Relief: 

213  For  relief  disbursed,  with  the  approval  of  the  com- 

missioners on  firemen's  relief,  subject  to  the  pro- 
visions of  law,  a  sum  not  exceeding  seventeen 
thousand  five  hundred  dollars    ....      $17,500  00 

214  For  expenses  of  administration  by  the  commissioners 

on  firemen's  relief,  a  sum  not  exceeding  five  hun- 
dred doUars 500  00 


Total $18,000  00 

Payments  to  Soldiers: 

215  For  expenses  of  administering  certain  laws  relating 

to  payments  in  recognition  of  military  service  in 
the  world  war,  a  sum  not  exceeding  thirty-two 
hundred  dollars,  to  be  paid  from  the  receipts  from 
taxes  levied  under  authority  of  chapters  two  hun- 
dred and  eighty-three  and  three  hundred  and 
forty-two  of  the  General  Acts  of  nineteen  hundred 
and  nineteen $3,200  00 

216  For  making  payments  to  soldiers  in  recognition  of 

service  during  the  world  war,  as  provided  by  law, 
a  sum  not  exceeding  ten  thousand  dollars,  to  be 
paid  from  receipts  from  taxes  levied  as  specified 
in  item  two  hundred  and  fifteen         .         .         .        10,000  00 

217  For  payments  to  soldiers  and  sailors  in  the  volunteer 

service  of  the  United  States  during  the  Spanish- 
American  war,  and  to  certain  of  their  dependents, 
as  authorized  by  section  one  of  chapter  five  hun- 
dred and  sixty-one  of  the  acts  of  eighteen  hundred 
and  ninety-eight,  as  amended  by  section  one  of 
chapter  four  hundred  and  seventy-one  of  the  acts 
of  eighteen  hundred  and  ninety-nine,  a  sum  not 
exceeding  two  hundred  dollars  ....  200  00 

Total $13,400  00 


Acts,  1937.  —  Chap.  234.  213 

Item 

State  Board  of  Retirement: 

218  For  personal  services  in  the  administrative  office  of 

the  state  board  of  retirement,  a  sum  not  exceeding 

eleven  thousand  one  hundred  and  fifty  dollars  $11,150  00 

219  For  services  other  than  personal,  printing  the  annual 

report,  and  for  office  supplies  and  equipment,  a 

sum  not  exceeding  sixty-three  hundred  dollars     .  6,300  00 

220  For  requirements  of  annuity  funds  and  pensions  for 

employees  retired  from  the  state  service  under  au- 
thority of  law,  a  sum  not  exceeding  two  hundred 
ninety-eight  thousand  dollars     ....      298,000  00 


Total $315,450  00 

Board  of  Tax  Appeals: 

221  For  personal  services  of  the  members  of  the  board 

and  employees,  a  sum  not  exceeding  forty-five 

thousand  four  hundred  and  twenty-five  dollars     .      $45,425  00 

222  For  services  other  than  personal,  traveling  expenses, 

office  supplies  and  equipment,  and  rent,  a  sum  not 

exceeding  nine  thousand  dollars         .         .         .         9,000  00 


Total $54,425  00 

Service  of  the  Emergency  Finance  Board. 

223  For  administrative  expenses  of  the  emergency  finance 

board,  a  sum  not  exceeding  seventeen  thousand 

five  hundred  dollars $17,500  00 

Service  of  the  Slate  Emergency  Public  Works  Commission. 

224  For  expenses  of  the  board  appointed  to  formulate 

projects  or  perform  any  act  necessary  to  enable 
the  commonwealth  to  receive  certain  benefits  pro- 
vided by  the  National  Industrial  Recovery  Act, 
a  sum  not  exceeding  eleven  thousand  three  hun- 
dred dollars $11,300  00 

Requirements  for  Extinguishing  the  State  Debt. 

225  For  sinking  fund  requirements  and  for  certain  serial 

bonds  maturing  during  the  present  year,  the  sum 
of  five  million  four  hundred  two  thousand  seven 
hundred  twenty-two  dollars  and  eighty-three  cents, 
payable  from  the  following  accounts  and  funds 
in  the  following  amounts:  —  from  the  Highway 
Fund,  five  million  sixty-eight  thousand  three  hun- 
dred eighty-nine  dollars  and  fifty  cents;  and  the 
remainder  from  the  General  Fund       .  .  .$5,402,722  83 

Interest  on  the  Public  Debt. 

226  For  the  payment  of  interest  on  the  direct  debt  of  the 

commonwealth,  a  sum  not  exceeding  eight  hun- 
dred sixty-eight  thousand  two  hundred  thirty-two 
dollars,  of  which  sum  five  hundred  sixty  thou- 
sand six  hundred  sixty-six  dollars  and  twenty-five 
cents  shall  be  paid  from  the  Highway  Fund  .    $868,232  00 

Service  of  the  Auditor  of  the  Commonwealth. 

227  For  the  salary  of  the  auditor,  a  sum  not  exceeding 

six  thousand  dollars $6,000  00 

228  For  personal  services  of  deputies  and  other  assistants, 

a  sum  not  exceeding  sixty-three  thousand  dollars  .       63,000  00 


214  Acts,  1937.  —  Chap.  234. 

Item 

229  For  services  other  than  personal,  traveUng  expenses, 
office  suppHes  and  equipment,  a  sum  not  exceed- 
ing sixty-five  hundred  dollars     ....        $6,500  00 


Total $75,500  00 

Service  of  the  Attorney  General's  Department. 

230  For  the  salary  of  the  attorney  general,  a  sum  not 

exceeding  eight  thousand  dollars         .  .  .        $8,000  00 

231  For  the  compensation  of  assistants  in  his  office,  and 

for  such  other  legal  and  personal  services  as  may  be 
required,  a  sum  not  exceeding  one  hundred  thirty 
thousand  three  hundred  dollars         .  .  .      130,300  00 

232  For  services  other  than  personal,  traveling  expenses, 

office  supplies  and  equipment,  a  sum  not  exceed- 
ing ten  thousand  five  hundred  dollars  .        10,500  00 

233  For  the  settlement  of  certain  claims,  as  provided  by 

law,  on  account  of  damages  by  cars  owned  by  the 
commonwealth  and  operated  by  state  employees, 
a  sum  not  exceeding  twelve  thousand  dollars         .        12,000  00 

234  For  the  settlement  of  certain  small  claims,  as  au- 

thorized by  section  three  A  of  chapter  twelve  of 
the  General  Laws,  as  appearing  in  the  Tercente- 
nary Edition  thereof,  a  sum  not  exceeding  eight 
thousand  dollars 8,000  00 

Total $168,800  00 

Service  of  the  Department  of  Agriculture. 

235  For  the  salary  of  the  commissioner,  a  sum  not  exceed- 

ing six  thousand  dollars  .....        $6,000  00 

236  For  personal  services  of  clerks  and  stenographers,  a 

sum   not   exceeding   twenty-six  thousand   seven 

hundred  dollars 26,700  00 

237  For  traveling  expenses  of  the  commissioner,  a  sum 

not  exceeding  nine  hundred  dollars     .  .  900  00 

238  For  services  other  than  personal,  printing  the  annual 

report,  office  supplies  and  equipment,  and  printing 
and  furnishing  trespass  posters,  a  sum  not  exceed- 
ing seventy-five  hundred  dollars         .  .  .  7,500  00 

239  For  compensation  and  expenses  of  members  of  the 

advisory  board,  a  sum  not  exceeding  sixteen  hun- 
dred dollars 1,600  00 

240  For  services  and  expenses  of  apiary  inspection,  a  sum 

not  exceeding  two  thousand  dollars     .  .  .  2,000  00 

Division  of  Dairying  and  Animal  Husbandry: 

241  For  personal  services,  a  sum  not  exceeding  sixteen 

thousand  six  hundred  and  twenty  dollars     .  .        16,620  00 

242  For  other  expenses,  including  the  enforcement  of  the 

dairy  laws  of  the  commonwealth,  a  sum  not  ex- 
ceeding seven  thousand  dollars  ....  7,000  00 

243  For  administering  the  law  relative  to  the  inspection 

of  barns  and  dairies  by  the  department  of  agricul- 
ture, a  sum  not  exceeding  twenty-four  thousand 
dollars 24,000  00 

244  For  expenses  of  administering  sections  forty-two  A 

to  forty-two  K,  inclusive,  of  chapter  ninety-four 
of  the  General  Laws,  as  appearing  in  section  two 
of  chapter  three  hundred  and  thirty-eight  of  the 
acts  of  nineteen  hundred  and  thirty-three  and  as 
amended,  relative  to  the  licensing  and  bonding  of 
mUk  dealers,  a  sum  not  exceeding  five  thousand 
dollars 5,000  00 


Acts,  1937. —Chap.  234.  215 

Item 

Division  of  Plant  Pest  Control: 

245  For  personal  services,  a  sum  not  exceeding  seventy- 
five  hundred  and  eighty  dollars         .  .  .        $7,580  00 

24G     For  other  expenses,  a  sum  not  exceeding  forty-six 

hundred  dollars 4,600  00 

Division  of  Markets: 

247  For  personal  services,  a  sum  not  exceeding  thirtj'- 

three  thousand  four  hundred  and  fifty  dollars         .        33,450  00 

248  For  other  expenses,  a  sum  not  exceeding  ninety-seven 

hundred  dollars 9,700  00 

Division  of  Reclamation,  Soil  Survey  and  Fairs: 

249  For  personal  services,  a  sum  not  exceeding  eleven 

thousand  one  hundred  dollars  .  .  .  .        11,100  00 

250  For  travel  and  other  expenses,  a  sum  not  exceeding 

fifty-three  hundred  dollars  ....  5,300  00 

251  For  state  prizes  and  agricultural  exhibits,  including 

allotment  of  funds  for  the  4-X  club  activities,  a 
sum  not  exceeding  thirty  thousand  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  this  purpose,  and  any  unexpended 
balance  remaining  at  the  end  of  the  current  fiscal 
year  may  be  used  in  the  succeeding  year     .  .        30,000  00 

Total $199,050  00 

Milk  Control  Board: 

252  For  personal  services  of  members  of  the  board  and 

their  employees,  a  sum  not  exceeding  eighty-four 

thousand  dollars $84,000  00 

252a  For  other  administrative  expenses  of  the  board  for 
the  present  and  the  previous  year,  including  office 
expenses,  rent,  travel  and  special  services,  a  sum 
not  exceeding  seventy-three  thousand  dollars       .        73,000  00 


Total $157,000  00 

Division  of  Livestock  Disease  Control: 

253  For  the  salary  of  the  director,  a  sum  not  exceeding 

four  thousand  dollars         .....        $4,000  00 

254  For  personal  services  of  clerks  and  stenographers,  a 

sum  not  exceeding  twenty-six  thousand  six  hun- 
dred dollars 26,600  00 

255  For  services  other  than  personal,  including  printing 

the  annual  report,  traveling  expenses  of  the  di- 
rector, office  supplies  and  equipment,  and  rent,  a 
sum  not  exceeding  ten  thousand  five  hundred 
dollars 10,500  00 

256  For  personal  services  of  veterinarians  and  agents 

engaged  in  the  work  of  extermination  of  conta- 
gious diseases  among  domestic  animals,  a  sum  not 
exceeding  seventy-three  thousand  dollars   .  .        73,000  00 

257  For  traveling  expenses  of  veterinarians  and  agents, 

including  the  cost  of  any  motor  vehicles  purchased 
for  their  use,  a  sum  not  exceeding  twenty-one 
thousand  dollars 21,000  00 

258  For  reimbursement  of  owners  of  horses  killed  during 

the  present  and  previous  years,  travel,  when  al- 
lowed, of  inspectors  of  animals,  incidental  expenses 
of  killing  and  burial,  quarantine  and  emergency 
services,  and  for  laboratory  and  veterinary  sup- 
plies and  equipment,  a  sum  not  exceeding  forty- 
eight  hundred  dollars 4,800  00 


216  Acts,  1937. —Chap.  234. 

Item 

259  For  reimbursement  of  owners  of  tubercular  cattle 

killed,  as  authorized  by  section  twelve  A  of  chap- 
ter one  hundred  and  twenty-nine  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition 
thereof,  and  in  accordance  with  certain  provisions 
of  law  and  agreements  made  under  authority  of 
section  thirty-three  of  said  chapter  one  hundred 
and  twenty-nine,  as  amended,  during  the  present 
and  the  previous  year,  a  sum  not  exceeding  thirty- 
one  thousand  four  hundred  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose,  and  any  unexpended  bal- 
ance remaining  at  the  end  of  the  current  fiscal 
year  may  be  used  in  the  succeeding  year     .  .      S31,400  00 

Total $171,300  00 

Reimbursement  of  towns  for  inspectors  of  animals: 

260  For  the  reimbursement  of  certain  towns  for  com- 

pensation paid  to  inspectors  of  animals,  a  sum 

not  exceeding  fifty-two  hundred  dollars       .  .        $5,200  00 

Specials: 

261  For  work  in  protecting  the  pine  trees  of  the  com- 

monwealth from  white  pine  blister  rust,  and  for 
payments  of  claims  on  account  of  currant  and 
gooseberry  bushes  destroyed  in  the  work  of  sup- 
pressing white  pine  blister  rust,  a  smn  not  exceed- 
ing three  thousand  dollars         ....       $3,000  00 

262  For  quarantine  and  other  expenses  in  connection 

with  the  work  of  suppression  of  the  European 
corn-borer,  so  called,  a  sum  not  exceeding  three 
thousand  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the  pur- 
pose         3,000  00 

263  For  quarantine  and  other  expenses  in  connection 

with  the  work  of  suppression  of  the  Japanese 
beetle,  so  called,  a  sum  not  exceeding  thirty-four 
hundred  dollars 3,400  00 

264  For  the  cost  of  work  of  inspecting  certain  orchards 

of  the  commonwealth  to  provide  for  effective  apple 
pest  control,  a  sum  not  exceeding  twenty-five  hun- 
dred dollars 2,500  00 

Total $11,900  00 

State  Reclamation  Board: 

265  For  expenses  of  the  board,  a  sum  not  exceeding  four- 

teen thousand  dollars $14,000  00 

266  For  the  maintenance  and  construction  of  drainage 

ditches,  as  authorized  by  chapter  three  hundred 
and  fifteen  of  the  acts  of  nineteen  hundred  and 
thirty-one,  as  amended  by  section  one  of  chapter 
two  hundred  and  fifty  of  the  acts  of  nineteen  hun- 
dred and  thirty-five,  a  sum  not  exceeding  thirty- 
three  thousand  eight  hundred  dollars,  the  same 
to  be  assessed  upon  certain  towns  as  required  by 
law  and  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose       .         .         .       33,800  00 

Total $47,800  00 


Acts,  1937. —Chap.  234.  217 


Service  of  the  Department  of  Conservation. 

Item 

Administration: 

267  For  the  salary  of  the  commissioner,  a  sum  not  ex- 

ceeding six  thousand  dollars       ....        $6,000  00 

268  For  traveling  expenses  of  the  commissioner,  a  sum 

not  exceeding  sixteen  hundred  and  fifty  dollars     .  1,650  00 

269  For  telephone  service  and  certain  other  office  charges 

of  the  department,  a  sum  not  exceeding  twenty- 
five  hundred  dollars  .  .    •      .  .  .  2,500  00 

270  For  personal  services  of  a  telephone  operator  and 

office  boy,  a  sum  not  exceeding  twenty-one  hun- 
dred and  thirty  dollars 2,130  00 

Total $12,280  00 

Division  of  Forestry: 

271  For  personal  services  of  office  assistants,  a  sum  not 

exceeding  fourteen  thousand  eight  hundred  dollars      $14,800  00 

272  For  services  other  than  personal,  including  printing 

the  annual  report,  and  for  traveling  expenses, 
necessary  office  supplies  and  equipment,  and  rent, 
a  sum  not  exceeding  ninety-eight  hundred  dollars         9,800  00 

273  For  aiding  towns  in  the  purchase  of  equipment  for 

extinguishing  forest  fires  and  for  making  protec- 
tive belts  or  zones  as  a  defence  against  forest  fires, 
for  the  present  and  previous  years,  a  sum  not 
exceeding  one  thousand  dollars  .  .  .  1,000  00 

274  For  personal  services  of  the  state  fire  warden  and 

his  assistants,  and  for  other  services,  including 
traveling  expenses  of  the  state  fire  warden  and 
his  assistants,  necessary  supplies  and  equipment 
and  materials  used  in  new  construction  in  the 
forest  fire  prevention  service,  a  sum  not  exceeding 
sixty-four  thousand  dollars,  the  same  to  be  in 
addition  to  any  funds  allotted  to  Massachusetts 
by  the  federal  authorities  .....        64,000  00 

275  For  the  suppression  of  the  gypsy  and  brown  tail 

moths,  and  for  expenses  incidental  thereto,  a  sum 
not  exceeding  forty-five  thousand  two  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose,  and  any 
unexpended  balance  remaining  at  the  end  of  the 
current  fiscal  year  may  be  used  in  the  succeeding 
year 45,200  00 

276  For   the   development   of   state   forests,    including 

salaries  and  expenses  of  foresters  and  the  cost  of 
maintenance  of  such  nurseries  as  may  be  necessary 
for  the  growing  of  seedlings  for  the  planting  of 
state  forests,  as  authorized  by  sections  one,  six, 
nine  and  thirty  to  thirty-six,  inclusive,  of  chapter 
one  hundred  and  thirty-two  of  the  General  Laws, 
as  amended,  a  sum  not  exceeding  one  hundred 
seventy-one  thousand  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  this  purpose,  and  any  unexpended  balance  re- 
maining at  the  end  of  the  current  fiscal  year  may 
be  used  in  the  succeeding  year  ....      171,000  00 

277  For  reimbursement  to  certain  to\\Tis,  as  authorized 

by  section  twenty-four  of  chapter  forty-eight  of 
the  General  Laws,  as  appearing  in  the  Tercente- 
nary Edition  thereof,  a  sum  not  exceeding  three 
hundred  dollars 300  00 


218  Acts,  1937.  —  Chap.  234. 

Item 

278  For  the  expenses  of  forest  fire  patrol,  as  authorized 

by  section  twenty-eight  A  of  said  chapter  forty- 
eight,  as  so  appearing,  a  sum  not  exceeding  twenty- 
five  hundred  and  sixty  dollars  ....  $2,560  00 
278a  For  expenses,  including  certain  equipment,  of  forest 
fire  patrol,  as  authorized  by  section  twenty-eight  A 
of  said  chapter  forty-eight,  as  so  appearing,  a  sum 
not  exceeding  two  thousand  dollars   .         .         .         2,000  00 

Total $310,660  00 

Division  of  Parks: 

279  For  personal  services,  a  sum  not  exceeding  seventy- 

four  hundred  dollars $7,400  00 

280  For  other  expenses,  a  sum  not  exceeding  seventy-one 

hundred  dollars 7,100  00 

281  For  the  maintenance  of  the  Standish  monument 

reservation,  a  sum  not  exceeding  two  thousand 

dollars 2,000  00 


Total $16,500  00 

Salisbury  Beach  Reservation: 

282  For  the  maintenance  of  Salisbury  beach  reservation, 

a  sum  not  exceeding  seventeen  thousand  five  hun- 
dred dollars,  the  same  to  be  assessed  upon  the 
cities  and  towns  of  the  commonwealth,  exclusive 
of  those  comprising  the  metropolitan  parks  dis- 
trict, but  including  Cohasset,  in  the  manner  pro- 
vided in  section  four  of  chapter  one  hundred  and 
thirty-two  A  of  the  General  Laws,  as  appearing  in 
the  Tercentenary  Edition  thereof  .      $17,500  00 

282a  For  expenses  of  certain  Works  Progress  Adminis- 
tration projects  for  improvements  at  Salisbury 
beach,  a  sum  not  exceeding  ten  thousand  dollars        10,000  00 

Division  of  Fisheries  and  Game: 

283  For  the  salary  of  the  director,  a  sum  not  exceeding 

five  thousand  dollars         .....  5,000  00 

284  For  personal  services  of  office  assistants,  a  sum  not 

exceeding  twenty-two  thousand  dollars       .  .        22,000  00 

285  For  services  other  than  personal,  including  printing 

the  annual  report,  traveling  expenses  and  neces- 
sary office  supplies  and  equipment,  and  rent,  a 
sum  not  exceeding  eleven  thousand  dollars         .        11,000  00 

286  For  expenses  of  exhibitions  and  other  measures  to 

increase  the  interest  of  the  public  in  the  protection 
and  propagation  of  fish  and  game,  a  sum  not  ex- 
ceeding fifteen  hundred  dollars  ....  1,500  00 

Enforcement  of  laws : 

287  For  personal  services  of  fish  and  game  wardens,  a 

sum  not  exceeding  seventy-three  thousand  four 

hundred  and  seventy  dollars      ....        73,470  00 

288  For  traveling  expenses  of  fish  and  game  wardens, 

and  for  other  expenses  necessary  for  the  enforce- 
ment of  the  laws,  a  sum  not  exceeding  thirty-one 
thousand  one  hundred  dollars    .  .  .  .        31,100  00 

Biological  work: 

289  For  personal  services  to  carry  on  biological  work,  a 

sum  not  exceeding  sixty-four  hundred  dollars       .  6,400  00 

290  For  traveling  and  other  expenses  of  the  biologist 

and  his  assistants,  a  sum  not  exceeding  twenty- 
five  hundred  dollars 2,500  00 


Acts,  1937. —Chap.  234.  219 

Item 

Propagation  of  game  birds,  etc. : 

291  For  personal  services  of  employees  at  game  farms 

and  fish  hatcheries,  a  sum  not  exceeding  sixty-six 

thousand  one  hundred  dollars  ....      $66,100  00 

292  For  other  maintenance  expenses  of  game  farms  and 

fish  hatcheries,  and  for  the  propagation  of  game 
birds  and  animals  and  food  fish,  a  sum  not  exceed- 
ing sixty-one  thousand  five  hundred  dollars         .       61,500  00 

Damages  by  wild  deer  and  wild  moose: 

293  For  the  payment  of  damages  caused  by  wild  deer  and 

wild  moose,  for  the  present  year  and  previous 
years,  as  provided  by  law,  a  sum  not  exceeding 
sixty-five  hundred  dollars  ....  6,500  00 

Supervision  of  public  fishing  and  hunting  grounds: 

294  For  personal  services,  a  sum  not  exceeding  five  thou- 

sand dollars 5,000  00 

295  For  other  expenses,  a  sum  not  exceeding  fourteen 

hundred  and  fifty  dollars  .....  1,450  00 

296  (This  item  omitted.) 

297  For  expenses  of  providing  for  the  establishment  of 

public  fishing  grounds,  a  sum  not  exceeding  thirty- 
five  hundred  dollars 3,500  00 

Protection  of  wild  life: 

298  For  expenses  incurred  in  the  protection  of  certain 

wild  life,  a  sum  not  exceeding  fifty-six  hundred  and 

fifty  dollars 5,650  00 

Marine  fisheries: 

299  For  personal  services  for  regulating  the  sale  and  cold 

storage  of  fresh  food  fish,  a  sum  not  exceeding 

fifteen  thousand  eight  hundred  dollars         .  .        15,800  00 

300  For  other  expenses  of  regulating  the  sale  and  cold 

storage  of  fresh  food  fish,  a  sum  not  exceeding 

forty- two  hundred  dollars  .  .  .  .  4,200  00 

State  Supervisor  of  Marine  Fisheries: 

301  For  personal  services  of  the  state  supervisor  of  marine 

fisheries  and  his  assistants,  a  sum  not  exceeding 

thirteen  thousand  three  hundred  and  fifty  dollars        13,350  00 

302  For  office  and  other  expenses  of  the  state  supervisor 

of  marine  fisheries,  a  sum  not  exceeding  eighty- 
five  hundred  dollars 8,500  00 

Enforcement  of  shellfish  and  other  marine  fishery 
laws: 

303  For  personal  services  for  the  administration  and 

enforcement  of  laws  relative  to  shellfish  and  other 
marine  fisheries,  a  sum  not  exceeding  thirty-three 
thousand  five  hundred  dollars    ....        33,500  00 

304  For  other  expenses  for  the  administration  and  en- 

forcement of  laws  relative  to  shellfish  and  other 
marine  fisheries,  a  sum  not  exceeding  fifteen  thou- 
sand five  hundred  dollars  .....        15,500  00 

305  For  expenses  of  purchasing  lobsters,  subject  to  the 

conditions  imposed  by  section  twenty-six  of  chap- 
ter one  hundred  and  thirty  of  the  General  Laws, 
as  appearing  in  section  two  of  chapter  three  hun- 
dred and  twenty-nine  of  the  acts  of  nineteen  hun- 
dred and  thirty-three,  a  sum  not  exceeding  six 
thousand  dollars 6,000  00 


220  Acts,  1937.  —  Chap.  234. 

Item 

306  For  the  cost  of  assisting  coastal  cities  and  towns  in  the 
propagation  of  food  fish  and  the  suppression  of 
enemies  thereof,  as  authorized  by  section  three  A 
of  chapter  one  hundred  and  thirty  of  the  General 
Laws,  inserted  therein  by  chapter  three  hundred 
and  twenty-four  of  the  acts  of  nineteen  hundred 
and  thirty-five,  a  sum  not  exceeding  twenty  thou- 
sand dollars S20,000  00 


Total $419,520  00 

Bounty  on  seals: 

307  For  bounties  on  seals,  a  sum  not  exceeding  fifteen 

hundred  dollars $1,500  00 

Service  oj  the  Depart^nenl  of  Banking  and  Insurance. 

Division  of  Banks: 

308  For  the  salary  of  the  commissioner,  a  sum  not  exceed- 

ing six  thousand  dollars     .....        $6,000  00 

309  For  services  of  deputy,  directors,  examiners  and  as- 

sistants, clerks,  stenographers  and  experts,  a  sum 
not  exceeding  three  hundred  thirty-five  thousand 
dollars 335,000  00 

310  For  services  other  than  personal,  printing  the  annual 

report,  traveling  expenses,  office  supplies  and 
equipment,  a  sum  not  exceeding  sixty-five  thou- 
sand dollars 65,000  00 


Total $406,000  00 

Supervisor  of  Loan  Agencies : 

311  For  personal  services  of  supervisor  and  assistants,  a 

sum  not  exceeding  thirteen  thousand  five  hundred 

and  forty  dollars $13,540  00 

312  For  services  other  than  personal,  printing  the  annual 

report,  office  supplies  and  equipment,  a  sum  not 

exceeding  sixteen  hundred  dollars       .         .         .  1,600  00 

Total $15,140  00 

Division  of  Insurance: 

313  For  the  salary  of  the  commissioner,  a  sum  not  ex- 

ceeding six  thousand  dollars       ....        $6,000  00 

314  For  other  personal  services  of  the  division,  includ- 

ing expenses  of  the  board  of  appeal  and  certain 
other  costs  of  supervising  motor  vehicle  liability 
insurance,  a  sum  not  exceeding  two  hundred 
thirty-six  thousand  dollars,  of  which  sum  not  more 
than  thirty-five  thousand  dollars  may  be  charged 
to  the  Highway  Fund 236,000  00 

315  For  other  services,  including  printing  the  annual 

report,  traveling  expenses,  necessary  office  sup- 
plies and  equipment,  and  rent  of  offices,  a  sum  not 
exceeding  sixty-one  thousand  dollars  .  .  .        61,000  00 

Total $303,000  00 

Board  of  Appeal  on  Fire  Insurance  Rates: 

316  For  expenses  of  the  board,  a  sum  not  exceeding  one 

thousand  dollars $1,000  00 

Division  of  Savings  Bank  Life  Insurance: 

317  For  personal  services  of  officers  and  employees,  a  sum 

not  exceeding  forty-six  thousand  dollars       .         .     $46,000  00 


Acts,  1937.  —  Chap.  234.  221 

Item 

318  For  services  other  than  personal,  printing  the  annual 
report,  traveling  expenses,  rent,  publicity  and 
equipment,  a  sum  not  exceeding  fifteen  thousand 
three  hundred  dollars $15,300  00 


Total $61,300  00 

Service  of  the  Department  of  Corporations  and  Taxation. 

Corporations  and  Tax  Divisions: 

319  For  the  salary  of  the  commissioner,  a  sum  not  ex- 

ceeding seventy-five  hundred  dollars  .  .  .        $7,500  00 

320  For  the  salaries  of  certain  positions  filled  by  the  com- 

missioner, with  the  approval  of  the  governor  and 
council,  and  for  additional  clerical  and  other  as- 
sistance, a  sum  not  exceeding  two  hundred  forty- 
nine  thousand  dollars,  of  which  sum  not  more 
than  fifty  thousand  dollars  may  be  charged  to  the 
Highway  Fund  to  cover  the  estimated  cost  of  col- 
lection of  the  gasoline  tax,  so  called,  and  not  more 
than  fifty  thousand  dollars  may  be  payable  from 
fees  collected  under  section  twenty-seven  of  chap- 
ter one  hundred  and  thirty-eight  of  the  General 
Laws,  as  amended,  to  cover  the  estimated  cost  of 
collection  of  alcoholic  beverages  taxes,  so  called   .      249,000  00 

321  For  other  services,   necessary  office  supplies  and 

equipment,  travel,  and  for  printing  the  annual 
report,  other  publications  and  valuation  books, 
a  sum  not  exceeding  forty-five  thousand  dollars       45,000  00 

322  For  expenses  of  the  department  for  legal  services, 

evidence  and  other  information  relative  to  a  cer- 
tain domicile  case,  a  sum  not  exceeding  fifteen 
thousand  dollars 15,000  00 


Total $316,500  00 

Income  Tax  Division  (the  two  following  appro- 
priations are  to  be  made  from  the  receipts  from 
the  income  tax) : 

323  For  personal  services  of  the  director,  assistant  di- 

rector, assessors,  deputy  assessors,  clerks,  stenog- 
raphers and  other  necessary  assistants,  a  sum  not 
exceeding  five  hundred  seven  thousand  dollars     .    $507,000  00 

324  For  services  other  than  personal,  and  for  traveling 

expenses,  office  supplies  and  equipment,  a  sum  not 

exceeding  one  hundred  seventy  thousand  dollars  .      170,000  00 

Total '     .         .    $677,000  00 

Division  of  Accounts: 

325  For  personal  services,  a  sum  not  exceeding  ninety- 

eight  thousand  six  hundred  dollars     .  .  .      $98,600  00 

326  For  other  expenses,  a  sum  not  exceeding  twelve 

thousand  dollars 12,000  00 

327  For  services  and  expenses  of  auditing  and  instaUing 

systems  of  municipal  accounts,  the  cost  of  which 
is  to  be  assessed  upon  the  municipalities  for  which 
the  work  is  done,  a  sum  not  exceeding  one  hundred 
seventy-seven  thousand  dollars  ....      177,000  00 

328  For  the  expenses  of  certain  books,  forms  and  other 

material,  which  may  be  sold  to  cities  and  towns 
requiring  the  same  for  maintaining  their  system  of 
accounts,  a  sum  not  exceeding  twenty-one  thou- 
sand dollars     ....  ...       21,000  00 


222  Acts,  1937.  —  Chap.  234. 

Item 

329  For  the  administrative  expenses  of  the  county  per- 
sonnel board,  a  sum  not  exceeding  seven  thou- 
sand dollars $7,000  00 


Total $315,600  00 

Reimbursement  for  loss  of  taxes: 
330  For  reimbursing  cities  and  towns  for  loss  of  taxes  on 
land  used  for  state  institutions  and  certain  other 
state  activities,  as  certified  by  the  commissioner 
of  corporations  and  taxation  for  the  fiscal  year 
ending  November  thirtieth,  nineteen  hundred  and 
thirty-seven,  a  sum  not  exceeding  one  hundred 
fifty-nine  thousand  dollars  ....    $159,000  00 


Service  of  the  Department  of  Education. 

331  For  the  salary  of  the  commissioner,  a  sum  not  ex- 

ceeding nine  thousand  dollars     ....        $9,000  00 

332  For   personal   services   of   officers,    agents,    clerks, 

stenographers  and  other  assistants,  but  not  includ- 
ing those  employed  in  university  extension  work, 
a  sum  not  exceeding  one  hundred  seven  thousand 
nine  hundred  dollars 107,900  00 

333  For  traveling  expenses  of  members  of  the  advisory 

board  and  of  agents  and  employees  when  required 
to  travel  in  discharge  of  their  duties,  a  sum  not 
exceeding  seven  thousand  dollars       .  .  .  7,000  00 

334  For  services  other  than  personal,  necessary  office 

supplies,  and  for  printing  the  annual  report  and 
bulletins  as  provided  by  law,  a  sum  not  exceeding 
ninety-three  hundred  dollars      ....  9,300  00 

335  For  expenses  incidental  to  furnishing  school  com- 

mittees with  rules  for  testing  the  sight  and  hearing 
of  pupils,  a  sum  not  exceeding  three  hundred  dol- 
lars    300  00 

336  For  printing  school  registers  and  other  school  blanks 

for  cities  and  towns,  a  sum  not  exceeding  two 

thousand  dollars 2,000  00 

337  For  assisting  small  towns  in  providing  themselves 

with  school  superintendents,  as  provided  by  law, 
a  sum  not  exceeding  one  himdred  six  thousand 
dollars 106,000  00 

338  For  the  reimbursement  of  certain  towns  for  the  pay- 

ment of  tuition  of  pupils  attending  high  schools 
outside  the  towns  in  which  they  reside,  as  pro- 
vided by  law,  a  sum  not  exceeding  one  hundred 
ninety  thousand  dollars 190,000  00 

339  For  the  reimbursement  of  certain  towns  for  the 

transportation  of  pupils  attending  high  schools 
outside  the  towns  in  which  they  reside,  as  provided 
by  law,  a  sum  not  exceeding  two  hundred  ten  thou- 
sand dollars 210,000  00 

340  For  the  reimbursement  of  certain  cities  and  towns 

for  a  part  of  the  expense  of  maintaining  agricul- 
tural and  industrial  vocational  schools,  as  pro- 
vided by  law,  a  sum  not  exceeding  one  million 
four  hundred  three  thousand  eight  hundred  eighty- 
eight  dollars  and  fifty-nine  cents         .  .  .  1,403,888  59 

341  For  the  expense  of  promotion  of  vocational  rehabili- 

tation in  co-operation  with  the  federal  govern- 
ment, including  rent,  with  the  approval  of  the 
department  of  education,  a  sum  not  exceeding 
fifty-one  thousand  dollars  ....       51,000  00 


Acts,  1937.  —  Chap.  234.  223 


For  aid  to  certain  persons  receiving  instruction  in  the 
courses  for  vocational  rehabilitation,  as  author- 
ized by  section  twenty-two  B  of  chapter  seventy- 
four  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition  thereof,  a  sum  not  exceeding 
four  thousand  dollars        .....        $4,000  00 

For  the  training  of  teachers  for  vocational  schools, 
to  comply  with  the  requirements  of  federal  au- 
thorities under  the  provisions  of  the  Smith-Hughes 
act,  so  called,  a  sum  not  exceeding  thirty-one  thou- 
sand dollars 31,000  00 

For  the  education  of  deaf  and  blind  pupils  of  the 
commonwealth,  as  provided  by  section  twenty- 
six  of  chapter  sixty-nine  of  the  General  Laws,  as 
amended,  a  sum  not  exceeding  four  hundred  sixty 
thousand  dollars 460,000  00 

For  expenses  of  holding  teachers'  institutes,  a  sum 

not  exceeding  two  thousand  dollars    .  .  .  2,000  00 

For  aid  to  certain  pupils  in  state  teachers'  colleges, 
under  the  direction  of  the  department  of  educa- 
tion, a  sum  not  exceeding  four  thousand  dollars    .  4,000  00 

For  assistance  to  the  children  of  certain  war  veterans, 
for  the  present  and  previous  years,  as  authorized 
by  chapter  two  hundred  and  sixty-three  of  the 
acts  of  nineteen  hundred  and  thirty,  a  sum  not 
exceeding  eighty-five  hundred  dollars  .  .  8,500  00 


Total S2,605,888  59 

English-speaking  Classes  for  Adults: 
For  personal  services  of  administration,  a  sum  not 
exceeding  eleven  thousand  six  hundred  and  sev- 
enty dollars $11,670  00 

For  other  expenses  of  administration,  a  sum  not 

exceeding  twenty-five  hundred  dollars  .  .  2,500  00 

For  reimbursement  of  certain  cities  and  towns,  a  sum 

not  exceeding  sixty  thousand  dollars    .  .  .        60,000  00 

Total $74,170  00 

University  Extension  Courses: 

For  personal  services,  a  sum  not  exceeding  one  hun- 
dred thirty-nine  thousand  dollars       .  .  .    $139,000  00 

For  other  expenses,  a  sum  not  exceeding  thirty-three 

thousand  dollars 33,000  00 

Total $172,000  00 

Special : 
For  the  cost  of  publishing  historical  and  other  data 
relative  to  the  centennial  of  the  birth  of  Horace 
Mann,  a  sum  not  exceeding  eight  thousand  dol- 
lars          $8,000  00 

Division  of  Immigration  and  Americanization: 
For  personal  services,  a  sum  not  exceeding  forty- 
three  thousand  one  hundred  dollars  .  .  .      $43,100  00 
For  other  expenses,  a  sum  not  exceeding  sixty-six 

hundred  dollars 6,600  00 


Total $49,700  00 

Division  of  Public  Libraries: 
For  personal  services  of  regular  agents  and  office 
assistants,  a  sum  not  exceeding  eleven  thousand 
three  hundred  dollars $11,300  00 


224  Acts,  1937.  —  Chap.  234. 

Item 

357  For  other  services,  including  printing  the  annual 
report,  traveling  expenses,  necessary  office  sup- 
plies and  expenses  incidental  to  the  aiding  of 
public  libraries,  a  sum  not  exceeding  ten  thousand 
dollars $10,000  00 


Total $21,300  00 

Division  of  the  Blind: 

358  For  general  administration,  furnishing  information, 

industrial  and  educational  aid,  and  for  carrying 
out  certain  provisions  of  the  laws  establishing 
said  division,  a  sum  not  exceeding  fifty  thousand 
one  hundred  dollars $50,100  00 

359  For  the  maintenance  of  local  shops,  a  siun  not  ex- 

ceeding seventy  thousand  dollars         .  .  .        70,000  00 

360  For  maintenance  of  Woolson  House  industries,  so 

called,  to  be  expended  under  the  authority  of  said 
division,  a  sum  not  exceeding  thirty-nine  thou- 
sand dollars 39,000  00 

361  For  the  maintenance  of  certain  industries  for  men,  to 

be  expended  under  the  authority  of  said  division, 
a  sum  not  exceeding  one  hundred  sixty-five  thou- 
sand dollars 165,000  00 

362  For  instruction  of  the  adult  blind  in  their  homes,  a 

sum  not  exceeding  nineteen  thousand  five  hundred 

dollars 19,500  00 

363  For  expenses  of  providing  sight-saving  classes,  with 

the  approval  of  said  division,  a  sum  not  exceeding 

twenty  thousand  seven  hundred  and  fifty  dollars  .        20,750  00 

364  For  aiding  the  adult  blind,  subject  to  the  conditions 

provided  by  law,  a  sum  not  exceeding  one  hundred 

fifty  thousand  dollars 150,000  00 

365  For  expenses  of  administering  and  operating  the 

service  of  piano  tuning  and  mattress  renovating 
under  section  twenty-five  of  chapter  sixty-nine  of 
the  General  Laws,  as  amended  by  chapter  three 
hundred  and  ninety-seven  of  the  acts  of  nineteen 
hundred  and  thirty-five,  a  sum  not  exceeding 
twenty-two  thousand  dollars     ....       22,000^00 

Total $536,350  00 

Teachers'  Retirement  Board: 

366  For  personal  services  of  employees,  a  sum  not  ex- 

ceeding twelve  thousand  seven  hundred  dollars  .      $12,700  00 

367  For  services  other  than  personal,  including  printing 

the  annual  report,  traveling  expenses,  office  sup- 
plies and  equipment,  and  rent,  a  sum  not  exceed- 
ing sixty-two  lumdred  dollars     ....  6,200  00 

368  For  pajTuent  of  pensions  to  retired  teachers,  a  sum 

not  exceeding  one  million  two  hundred  five  thou- 
sand dollars 1,205,000  00 

369  For  reimbursement  of  certain  cities  and  towns  for 

pensions  to  retired  teachers,  a  sum  not  exceeding 
two  hundred  seventy-nine  thousand  six  hundred 
five  dollars  and  nineteen  cents   ....      279,605  19 

370  For  payment  into  the  annuity  fund  for  the  period 

of  the  year  nineteen  hundred  and  thirty-six,  in 
accordance  with  certain  actuarial  figures,  a  sum 
not  exceeding  thirty-four  thousand  eight  hundred 
eighty-nine  dollars  and  eighty-two  cents     .         .       34,889  82 

Total $1,538,395  01 


Acts,  1937.  —  Chap.  234.  .   225 


Massachusetts  Nautical  School: 

For  personal  services  of  the  secretary  and  office  as- 
sistants, a  sum  not  exceeding  forty-eight  hundred 
and  twenty  dollars $4,820  00 

For  services  other  than  regular  clerical  services,  in- 
cluding printing  the  annual  report,  rent,  office  sup- 
plies and  equipment,  a  sum  not  exceeding  twenty- 
one  hundred  and  eighty  dollars  .  .  .  .  2,180  00 

For  the  maintenance  of  the  school  and  ship,  a  sum 
not  exceeding  ninety-one  thousand  three  hundred 
and  fifty  dollars 91,350  00 

Total S98,350  00 

For  the  maintenance  of  and  for  certain  improve- 
ments at  the  state  teachers'  colleges,  and  the 
boarding  halls  attached  thereto,  with  the  ap- 
proval of  the  commissioner  of  education,  as 
follows : 

State  teachers'  college  at  Bridgewater,  a  sum  not 
exceeding  one  hundred  fifty-seven  thousand  three 
hundred  and  fifty  dollars $157,350  00 

State  teachers'  college  at  Bridgewater,  boarding  hall, 
a  sum  not  exceeding  fifty-three  thousand  nine 
hundred  dollars 53,900  00 

For  the  replacement  and  installation  of  new  plumb- 
ing equipment  at  Woodward  Hall  at  the  state 
teachers'  college  at  Bridgewater,  a  sum  not  ex- 
ceeding five  thousand  dollars      ....  5,000  00 

State  teachers'  college  at  Fitchburg,  a  sum  not  ex- 
ceeding one  hundred  seventy-seven  thousand  six 
hundred  and  fifty  dollars 177,650  00 

State  teachers'  college  at  Fitchburg,  boarding  hall, 
a  sum  not  exceeding  thirty-three  thousand  two 
hundred  dollars 33,200  00 

For  replacing  and  repairing  flooring  in  the  corridors 
and  stair  treads  of  the  main  building  at  the  state 
teachers'  college  at  Fitchburg,  a  sum  not  exceed- 
ing four  thousand  dollars  .....  4,000  00 

State  teachers'  college  at  Framingham,  a  sum  not 
exceeding  one  hundred  forty-nine  thousand  nine 
hundred  dollars 149,900  00 

State  teachers'  college  at  Framingham,  boarding 
hall,  a  sum  not  exceeding  fifty-eight  thousand 
three  hundred  dollars 58,300  00 

State  teachers'  college  at  Hyannis,  a  sum  not  exceed- 
ing sixty-six  thousand  four  hundred  and  twenty- 
five  dollars 66,425  00 

State  teachers'  college  at  Hyannis,  boarding  hall, 
a  sum  not  exceeding  sixteen  thousand  eight  hun- 
dred dollars 16,800  00 

State  teachers'  college  at  Lowell,  a  sum  not  exceed- 
ing seventy-seven  thousand  eight  hundred  dollars        77,800  00 

State  teachers'  college  at  North  Adams,  a  sum  not 
exceeding  sixty-three  thousand  five  hundred  and 
twenty-five  dollars 63,525  00 

State  teachers'  college  at  North  Adams,  boarding 
hall,  a  sum  not  exceeding  ninety-two  hundred 
dollars 9,200  00 

State  teachers'  college  at  Salem,  a  sum  not  exceed- 
ing one  hundred  nineteen  thousand  nine  hundred 
dollars 119,900  00 

State  teachers'  college  at  Westfield,  a  sum  not  ex- 
ceeding seventy-three  thousand  and  seventy-five 
dollars 73,075  00 


226  Acts,  1937. —Chap.  234. 

Item 

389  State  teachers'  college  at  Westfield,  boarding  hall,  a 

sum  not  exceeding  seventy-six  hundred  dollars     .        $7,600  00 

390  State  teachers'  college  at  Worcester,  a  sum  not  ex- 

ceeding ninety-six  thousand  six  hundred  dollars  .        96,600  00 

391  For  the  cost  of  constructing  a  concrete  foot  walk 

between  the  city  street  and  the  main  building  at 
the  state  teachers'  college  at  Worcester,  a  sum 
not  exceeding  twenty-five  hundred  dollars  .  .  2,500  00 

392  Massachusetts  School  of  Art,  a  sum  not  exceeding 

one  hundred  ten  thousand  four  hundred  dollars  .      110,400  00 

Total $1,283,125  00 

Textile  Schools: 

393  For  the  maintenance  of  the  Bradford  Durfee  textile 

school  of  Fall  River,  with  the  approval  of  the 
commissioner  of  education  and  the  trustees,  a  sum 
not  exceeding  sixty-eight  thousand  one  hundred 
dollars,  of  which  sum  ten  thousand  dollars  is  to 
be  assessed  upon  the  city  of  Fall  River  as  a  part  of 
the  state  tax  for  the  current  year        .  .  $68,100  00 

394  For  the  maintenance  of  the  Lowell  textile  institute, 

with  the  approval  of  the  commissioner  of  educa- 
tion and  the  trustees,  a  sum  not  exceeding  one 
hundred  seventy-nine  thousand  five  hundred  dol- 
lars, of  which  sum  ten  thousand  dollars  is  to  be 
assessed  upon  the  city  of  Lowell  as  a  part  of  the 
state  tax  for  the  current  year    ....      179,500  00 

395  For  the  cost  of  constructing  a  three  story  addition 

to  the  Colonial  Avenue  building  at  the  Lowell 
textile  institute,  with  the  approval  of  the  commis- 
sioner of  education  and  the  trustees,  a  sum  not 
exceeding  one  hundred  fifty  thousand  dollars       .      150,000  00 

396  For  the  maintenance  of  the  New  Bedford  textile 

school,  with  the  approval  of  the  commissioner  of 
education  and  the  trustees,  a  sum  not  exceeding 
seventy  thousand  nine  hundred  and  fifty  dollars, 
of  which  sum  ten  thousand  dollars  is  to  be  as- 
sessed upon  the  city  of  New  Bedford  as  a  part  of 
the  state  tax  for  the  current  year         .  .  .        70,950  00 

Total $468,550  00 

Massachusetts  State  College: 

397  For  maintenance  and  current  expenses  of  the  Mas- 

sachusetts state  college,  with  the  approval  of  the 
trustees,  a  sum  not  exceeding  one  million  one  hun- 
dred thousand  five  hundred  seventy-five  dollars     $1,100,575  00 

398  For  an  emergency  fund  to  meet  the  needs  of  harvest- 

ing big  crops  of  the  control  service  or  other  unfore- 
seen conditions,  which  clearly  indicate  that  addi- 
tional revenue  will  be  produced  to  equal  the 
expenditure,  a  sum  not  exceeding  three  thousand 
dollars;  provided,  however,  that  this  appropria- 
tion be  available  only  after  approval  of  particular 
projects  covered  by  it  has  been  obtained  from  the 
governor  and  council         .....  3,000  00 

399  For  aid  to  certain  students,  with  the  approval  of  the 

trustees,  a  sum  not  exceeding  five  thousand  dol- 
lars                  5,000  00 

400  (This  item  omitted.) 

40J  For  the  construction  at  Waltham  of  a  propagation 
house,  including  head  house  with  glass  house  and 
heating  unit  for  nursery  research,  a  sum  not  ex- 
ceeding eighty-five  hundred  dollars     ,  .  .  8,500  00 


Acts,  1937.  —  Chap.  234.  227 


(This  item  omitted.) 

For  improvement  of  the  campus  electric  distril)ution 
system,  a  sum  not  exceeding  two  thousand  dollars, 
and  there  is  hereby  added  to  this  appropriation  the 
balance  of  the  appropriation  authorized  by  Item 
396  of  chapter  three  hundred  and  four  of  the  acts 
of  nineteen  hundred  and  thirty-six     .  .  .        $2,000  00 

For  the  cost  of  completing  the  biological  laboratory 
at  Hatch  barn,  including  certain  equipment,  a 
sum  not  exceeding  eighty-five  hundred  dollars       .  8,500  00 

For  the  cost  of  certain  tiling  at  the  ice  cream  labora- 
tory in  the  dairy  building,  a  sum  not  exceeding  four 
thousand  dollars 4,000  00 

For  improved  fire  protection,  including  the  installa- 
tion of  sprinklers  and  other  safety  devices,  a  sum 
not  exceeding  seventy-five  hundred  dollars  .  .  7,500  00 

For  the  purchase  of  additional  equipment  for  the  gas 
generating  plant,  a  sum  not  exceeding  thirty-two 
hundred  dollars 3,200  00 

For  completing  the  road  project  authorized  by  Item 
393  of  chapter  two  hundred  and  forty-nine  of  the 
acts  of  nineteen  hundred  and  thirty-five,  a  sum  not 
exceeding  eight  hundred  dollars         .  .  .  800  00 

For  the  cost  of  field  and  laboratory  work  in  connec- 
tion with  the  Dutch  elm  disease  and  other  shade 
tree  diseases  and  insects,  a  sum  not  exceeding  five 
thousand  dollars 5,000  00 


Total $1,148,075  00 

Serifice  of  the  Department  of  Civil  Service  and  Registration. 

Administration: 
For  personal  services  of  telephone  operator  of  the 
department  and  for  service  of  telephone  tolls,  a 
sum  not  exceeding  nineteen  hundred  and  sixty 
dollars $1,960  00 

Division  of  Civil  Service: 

For  the  salaries  of  the  commissioner  and  associate 
commissioners,  a  sum  not  exceeding  nine  thousand 
dollars $9,000  00 

For  other  personal  services  of  the  division,  a  sum  not 

exceeding  one  hundred  fifty-one  thousand  dollars      151,000  00 

For  other  services  and  for  printing  the  annual  report, 
and  for  office  supplies  and  equipment  necessary  for 
the  administration  of  the  civil  service  law,  a  sum 
not  exceeding  twenty-nine  thousand  dollars         .        29,000  00 


Total $189,000  00 

Division  of  Registration: 

For  the  salary  of  the  director,  a  sum  not  exceeding 

twenty-four  hundred  dollars     ....        $2,400  00 

For  clerical  and  certain  other  personal  services  of 
the  division,  a  sum  not  exceeding  fifty  thousand 
three  hundred  and  sixty  dollars        .  .  .        50,360  00 

For  services  of  the  division  other  than  personal, 
printing  the  annual  reports,  office  supplies  and 
equipment,  except  as  otherwise  provided,  a  sum 
not  exceeding  fourteen  thousand  four  hundred 
dollars 14,400  00 

Total $67,160  00 


228  Acts,  1937. —Chap.  234. 

Item 

Board  of  Registration  in  Medicine: 

417  For  personal  services  of  the  members  of  the  board, 

a  sum  not  exceeding  forty-three  hundred  dollars        $4,300  00 

418  For  personal  services  of  members  of  the  board  and 

examiners  for  the  registration  of  chiropodists,  a 

sum  not  exceeding  six  hundred  dollars         .  .  600  00 

419  For  traveling  expenses,  a  sum  not  exceeding  six  hun- 

dred dollars 600  00 


Total $5,500  00 

Board  of  Dental  Examiners: 

420  For  personal  services  of  the  members  of  the  board, 

a  sum  not  exceeding  thirty-eight  hundred  dollars       $3,800  00 

421  For  traveling  expenses,  a  sum  not  exceeding  nine 

hundred  and  fifty  dollars  ....  950  00 

422  For  travel  and  other  expenses  necessary  in  provid- 

ing for  the  enforcement  of  law  relative  to  the  reg- 
istration of  dentists,  a  sum  not  exceeding  eighteen 
hundred  dollars 1,800  00 


Total $6,550  00 

Board  of  Registration  in  Pharmacy: 

423  For  personal  services  of  members  of  the  board,  a 

sum  not  exceeding  forty-three  hundred  dollars     .        $4,300  00 

424  For  personal  services  of  agents,  a  sum  not  exceeding 

ten  thousand  four  hundred  and  sixty  dollars         .        10,460  00 

425  For  traveling  expenses,  a  sum  not  exceeding  six  thou- 

sand dollars 6,000  00 

Total $20,760  00 

Board  of  Registration  of  Nurses: 

426  For  personal  services  of  members  of  the  board,  a 

sum  not  exceeding  twenty-one  hundred  dollars     .        $2,100  00 

427  For  traveling  expenses,  a  sum  not  exceeding  twelve 

hundred  doUars 1,200  00 

Total $3,300  00 

Board  of  Registration  in  Embalming  and  Funeral 
Directing: 

428  For  personal  services  of  members  of  the  board,  a 

sum  not  exceeding  fifteen  hundred  dollars  .  .        $1,500  00 

429  For  traveling  expenses,  a  sum  not  exceeding  thirteen 

hundred  and  fifty  dollars  .....  1,350  00 

430  For  the  dissemination  of  useful  knowledge  among 

and  for  the  benefit  of  licensed  embalmers,  a  sum 

not  exceeding  five  hundred  dollars      .         .         .  500  00 

Total $3,350  00 

Board  of  Registration  in  Optometry: 

431  For  personal  services  of  members  of  the  board,  a  sum 

not  exceeding  nineteen  hundred  dollars        .  .        $1,900  00 

432  For  traveling  expenses,  a  sum  not  exceeding  eight 

hundred  dollars 800  00 

Total $2,700  00 

Board  of  Registration  in  Veterinary  Medicine: 

433  For  personal  services  of  the  members  of  the  board,  a 

sum  not  exceeding  six  hundred  dollars         .         .  $600  00 


Acts,  1937.  —  Chap.  234.  229 

Item 

434  For  other  services,  printing  the  annual  report,  trav- 
ehng  expenses,  office  supplies  and  equipment,  a 
sum  not  exceeding  three  hundred  dollars     .  .  S300  00 


Total $900  00 

State  Examiners  of  Electricians: 

For  personal  services  of  the  members  of  the  board, 

a  sum  not  exceeding  one  thousand  dollars  .  .        $1,000  00 

For  traveling  expenses,  a  sum  not  exceeding  fifty- 
five  hundred  dollars  .....  5,500  00 


Total $6,500  00 

Board  of  Registration  of  Public  Accountants: 
For  personal  services  of  members  of  the  board,  a 
sum  not  exceeding  six  hundred  and  seventy-five 

dollars $675  00 

For  expenses  of  examinations,  including  the  prepara- 
tion and  marking  of  papers,  and  for  other  expenses, 
a  sum  not  exceeding  eighteen  hundred  dollars       .  1,800  00 


Total $2,475  00 

State  Examiners  of  Plumbers: 

For  personal  services  of  the  members  of  the  board, 

a  sum  not  exceeding  eleven  hundred  dollars         .        $1,100  00 

For  traveling  expenses,  a  sum  not  exceeding  seven- 
teen hundred  dollars  .....  1,700  00 


Total $2,800  00 

Board  of  Registration  of  Barbers: 
For  personal  services  of  the  members  of  the  board 

and  assistants,  a  sum  not  exceeding  seventeen 

thousand  eight  hundred  and  ten  dollars       .  $17,810  00 

For  travel  and  other  necessary  expenses,  a  sum  not 

exceeding  seventy-five  hundred  dollars       .         .         7,500  00 

Total $25,310  00 

Board  of  Registration  of  Hairdressers: 
For  personal  services  of  the  members  of  the  board 
and  assistants,  a  sum  not  exceeding  twenty-eight 
thousand  five  hundred  dollars  ....  $28,500  00 
For  travel  and  other  necessary  expenses,  including 
rent,  a  sum  not  exceeding  fifteen  thousand  five 
hundred  dollars 15,500  00 


Total $44,000  00 

Service  of  the  Department  of  Industrial  Accidents. 

For  personal  services  of  members  of  the  board,  a  sum 
not  exceeding  forty-two  thousand  five  hundred 
dollars $42,500  00 

For  personal  services  of  secretaries,  medical  adviser, 
inspectors,  clerks  and  office  assistants,  a  sum  not 
exceeding  one  hundred  forty-five  thousand  dollars      145,000  00 

For  expenses  of  impartial  examinations,  a  sum  not 

exceeding  twenty  thousand  dollars     .  .  .        20,000  00 

For  expenses  of  industrial  disease  referees,  as  au- 
thorized by  section  nine  B  of  chapter  one  hundred 
and  fifty-two  of  the  General  Laws,  inserted  by 
chapter  four  hundred  and  twenty-four  of  the  acts 
of  nineteen  hundred  and  thirty-five,  a  sum  not 
exceeding  five  thousand  dollars         .         .         .         5,000  00 


230  Acts,  1937.  —  Chap.  234. 

Item 

449  For  traveling  expenses,  a  sum  not  exceeding  eighty- 

two  hundred  and  fifty  dollars     ....        $8,250  00 

450  For  other  services,  printing  the  annual  report,  neces- 

sary office  supplies  and  equipment,  a  sum  not 

exceeding  fifteen  thousand  five  hundred  dollars  .        15,500  00 


Total $236,250  00 

Service  of  the  Department  oj  Labor  and  Industries. 

451  For  the  salaries  of  the  commissioner,  assistant  and 

associate   commissioners,    a   sum   not   exceeding 

twenty  thousand  five  hundred  dollars         .  .      $20,500  00 

452  For  clerical  and  other  assistance  to  the  commissioner, 

a  sum  not  exceeding  seventy-six  hundred  and  forty 

dollars 7,640  00 

453  For  personal  services  for  the  inspectional  service  and 

for  traveling  expenses  of  the  commissioner,  assist- 
ant commissioner,  associate  commissioners  and 
inspectors  of  labor,  and  for  services  other  than 
personal,  printing  the  annual  report,  rent  of  dis- 
trict offices,  and  office  supplies  and  equipment  for 
the  inspectional  service,  a  sum  not  exceeding  one 
hundred  sixty-nine  thousand  and  fifty  dollars       .      169,050  00 

454  For  personal  services  for  the  division  of  occupational 

hygiene,  a  sum  not  exceeding  twelve  thousand  six 

hundred  dollars 12,600  00 

455  For  services  other  than  personal,  traveling  expenses, 

office  and  laboratory  supplies  and  equipment,  and 
rent,  for  the  division  of  occupational  hygiene,  a 
sum  not  exceeding  sixty-five  hundred  dollars         .  6,500  00 

456  For  personal  services  for  the  statistical  service  and 

for  services  other  than  personal,  printing  report 
and  publications,  traveling  expenses  and  office  sup- 
plies and  equipment  for  the  statistical  service, 
a  sum  not  exceeding  seventy-one  thousand  nine 
hundred  dollars 71,900  00 

457  For  personal  services  for  the  division  on  necessaries 

of  life,  a  sum  not  exceeding  thirteen  thousand  one 

hundred  and  sixty  dollars         ....        13,160  00 

458  For  services  other  than  personal,  traveling  expenses, 

office  supplies  and  equipment  for  the  division  on 
necessaries  of  life,  a  sum  not  exceeding  nineteen 
hundred  and  fifty  dollars  ....  1,950  00 

459  For  clerical  and  other  assistance  for  the  board  of 

conciliation  and  arbitration,  a  sum  not  exceeding 

fourteen  thousand  dollars  ....        14,000  00 

460  For  other  services,  printing,  traveling  expenses  and 

office  supplies  and  equipment  for  the  board  of 
conciliation  and  arbitration,  a  sum  not  exceeding 
three  thousand  dollars       .....         3,000  00 

461  For  personal  services  for  the  division  of  standards,  a 

sum  not  exceeding  thirtv-two  thousand  four  hun- 
dred dollars      .  .      " 32,400  00 

462  For  other  services,  printing,  traveling  expenses  and 

office  supplies  and  equipment  for  the  division  of 
standards,  a  sum  not  exceeding  eleven  thousand 
nine  hundred  dollars         .....        11,900  00 


Total $364,600  00 

Unemployment  Compensation  Commission: 

463  (This  item  omitted.) 

464  For  clerical  and  other  personal  services  for  the  oper- 

ation of  free  employment  offices,  a  sum  not  ex- 
ceeding eighty-two  thousand  six  hundred  dollars     $82,600  00 


Acts,  1937. —Chap.  234.  231 


For  rent,  necessary  office  supplies  and  equipment 
for  the  free  employment  offices,  a  sum  not  exceed- 
ing seventeen  thousand  four  hundred  dollars         .      $17,400  00 

Total $100,000  00 

Service  of  the  Department  of  Menial  Diseases. 

For  the  salary  of  the  commissioner,  a  sum  not  ex- 
ceeding ten  thousand  dollars      ....      $10,000  00 

For  personal  services  of  officers  and  employees,  a 
sum  not  exceeding  one  hundred  forty-eight  thou- 
sand dollars 148,000  00 

For  transportation  and  medical  examination  of  state 
charges  under  its  charge  for  the  present  year  and 
previous  years,  a  sum  not  exceeding  six  thousand 
dollars 6,000  00 

For  the  support  of  state  charges  in  the  Hospital  Cot- 
tages for  Children,  a  sum  not  exceeding  eighteen 
thousand  two  hundred  dollars  ....        18,200  00 

For  other  services,  including  printing  the  annual  re- 
port, traveling  expenses  and  office  supplies  and 
equipment,  a  sum  not  exceeding  twenty-six  thou- 
sand dollars 26,000  00 


Total $208,200  00 

Division  of  Mental  Hygiene: 

471  For  the  expenses  of  investigating  the  nature,  causes 

and  results  of  mental  diseases  and  defects  and  the 
publication  of  the  results  thereof;  and  of  what 
further  preventive  or  other  measures  might  be 
taken  and  what  further  expenditures  for  investi- 
gation might  be  made  which  would  give  promise  of 
decreasing  the  number  of  persons  afflicted  with 
mental  diseases  or  defects,  a  sum  not  exceeding 
ninety-six  thousand  three  hundred  and  fifty  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .         .     $96,350  00 

For  the  maintenance  of  and  for  certain  improve- 
ments at  the  following  institutions  under  the 
control  of  the  Department  of  Mental  Diseases: 

472  Boston  psychopathic  hospital,  a  sum  not  exceed- 

ing two  hundred  fifty-two  thousand  six  hundred 

dollars $252,600  00 

473  Boston  state  hospital,  a  sum  not  exceeding  one  mil- 

lion   one    hundred    seventy-nine    thousand    and 

eighty  dollars 1,179,080  00 

474  (This  item  included  in  Item  473.) 

475  For  fire  protection  at  the  Boston  state  hospital,  in- 

cluding outside  enclosed  stairways,  replacing  and 
constructing  other  stairs  and  enclosures,  replacing 
electric  wiring,  and  other  fire  protection  for  the 
buildings  locally  known  as  East  A,  C,  E,  F  and 
Chapel  and  West  B,  C,  D  and  H,  a  sum  not  ex- 
ceeding sixty-two  thousand  two  hundred  dollars       62,200  00 

475a  For  renewing  and  renovating  the  plumbing  and  sani- 
tary arrangements  at  the  Boston  state  hospital, 
and  work  incidental  thereto,  for  the  buildings 
enumerated  in  Item  475,  a  sum  not  exceeding 
twenty  thousand  dollars 20,000  00 

475b  For  the  purchase  and  installation  of  sterilization 
equipment  at  the  Boston  state  hospital,  a  sum 
not  exceeding  three  thousand  dollars  .         .         .  3,000  00 


232  Acts,  1937.  —  Chap.  234. 

Item 

476  Danvers  state  hospital,  a  sum  not  exceeding  eight 

hundred  seventy-five  thousand  four  hundred  and 

ninety  dollars $875,490  00 

477  (This  item  included  in  Item  476.) 

478  For  the  purchase  and  installation  of  additional  tubs 

for  continuous  baths  at  the  Danvers  state  hospi- 
tal, a  sum  not  exceeding  eight  thousand  dollars     .  8,000  00 

479  Foxborough  state  hospital,  a  sum  not  exceeding  five 

hundred  sixty-five  thousand  five  hundred  dollars      565,500  00 

480  For  relocating  and  replacing  plumbing  for  the  toilets 

in  "E"  building  at  the  Foxborough  state  hospital, 

a  sum  not  exceeding  eight  thousand  dollars         .  8,000  00 

481  For  additional  equipment  for  the  hydrotherapeutic 

suite  at  the  Foxborough  state  hospital,  a  sum  not 
exceeding  twenty-five  hundred  dollars,  the  same  to 
be  in  addition  to  the  amount  appropriated  in  Item 
468  of  chapter  two  hundred  and  forty-nine  of  the 
acts  of  nineteen  hundred  and  thirty-five      .  .  2,500  00 

482  Gardner  state  hospital,  a  sum  not  exceeding  five 

hundred  ninety  thousand  nine  hundred  and  sixty 

dollars 590,960  00 

483  (This  item  included  in  Item  482.) 

484  For  replacing  two  bake  ovens  at  the  Gardner  state 

hospital,  a  sum  not  exceeding  eighty-five  hundred 

dollars 8,500  00 

485  For  the  cost  of  electrical  refrigeration  in  the  main 

kitchen  at  the  Gardner  state  hospital,  a  sum  not 

exceeding  three  thousand  dollars         .         .  .         3,000  00 

486  Grafton  state  hospital,  a  sum  not  exceeding  six  hun- 

dred seventy-three  thousand  three  hundred  and 

forty  dollars 673,340  00 

487  For  the  purchase  and  installation  of  equipment  for 

continuous  baths  in  Elms  A  at  the  Grafton  state 
hospital,  and  for  certain  incidental  expenses  in 
connection  therewith,  a  sum  not  exceeding  four- 
teen thousand  three  hundred  dollars  .  .        14,300  00 

488  For  the  purchase  of  certain  X-ray  equipment  for  the 

Grafton  state  hospital,  a  sum  not  exceeding  forty- 
seven  hundred  dollars       .....  4,700  00 

489  (This  item  included  in  Item  486.) 

489a  For  the  construction  of  a  ward  building  in  the  Pines 
group  of  the  Grafton  state  hospital  and  for  the 
construction  of  additional  kitchen  space  and  din- 
ing room  space,  including  certain  equipment,  a  sum 
not  exceeding  four  hundred  thousand  dollars,  the 
same  to  be  expended  together  with  such  additional 
sum  as  may  be  received  from  federal  sources  upon 
condition  that  said  additional  sum  is  made  avail- 
able therefor  and  the  project  is  approved  by  the 
emergency  public  works  commission  .  .  .      400,000  00 

490  For  the  purchase  and  installation  of  oil  burning 

equipment  in  the  main  power  plant  at  the  Grafton 
state  hospital,  a  smn  not  exceeding  twenty-three 
thousand  dollars 23,000  00 

491  Medfield  state  hospital,  a  sum  not  exceeding  seven 

hundred  nine  thousand  nine  hundred  and  eighty 

dollars 709,980  00 

492  For  the  renovation  of  patients'  toilet  and  bathing 

facilities,  including  the  replacement  of  plumbing 
and  other  costs  incidental  thereto,  at  the  Med- 
field state  hospital,  a  sum  not  exceeding  ten  thou- 
sand dollars 10,000  00 

493  For  providing  better  fire  protection  in  B-3  and  D-3 

at  the  Medfield  state  hospital  by  the  construction 
of  fireproof  stairs  and  stair  wells,  a  sum  not  exceed- 
ing seven  thousand  dollars        ....         7,000  00 


Acts,  1937.  —  Chap.  234.  233 

Item 

494  For  the  cost  of  enlarging  the  tunnel  from  the  power 

house  to  the  hospital  kitchen  building  at  the  Med- 
field  state  hospital,  a  sum  not  exceeding  twenty- 
two  thousand  dollars $22,000  00 

495  Metropolitan  state  hospital,  a  sum  not  exceeding 

seven  hundred  six  thousand  six  hundred  and  forty 

dollars 706,640  00 

496  (This  item  included  in  Item  495.) 

497  For  the  cost  of  certain  boiler  room  equipment  at  the 

Metropolitan  state  hospital,  a  sum  not  exceeding 

ten  thousand  dollars  .  .  .  .  .        10,000  00 

498  For  the  installation  of  cables  in  conduits  on  the 

ceilings  of  tunnels  at  the  Metropolitan  state  hos- 
pital, a  sum  not  exceeding  five  thousand  dollars  .  5,000  00 
498a  For  the  contribution  on  the  part  of  the  state  for  a 
certain  Works  Progress  Administration  project 
at  the  Metropolitan  state  hospital,  a  sum  not  ex- 
ceeding five  thousand  dollars     ....  5,000  00 

499  Northampton  state  hospital,  a  sum  not  exceeding 

seven  hundred  fourteen  thousand  six  hundred  and 

twenty  dollars 714,620  00 

499a  For  the  renovation  of  rear  center  for  kitchen  and 
dining  rooms,  remodeling  of  present  dining  room, 
and  for  purchase  and  installation  of  kitchen  equip- 
ment at  the  Northampton  state  hospital,  a  sum 
not  exceeding  thirty-seven  thousand  five  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     •  .  .        37,500  00 

500  For  fire  protection  in  the  North  Infirmary  at  the 

Northampton  state  hospital  by  the  construction 
of  reinforced  concrete  floors,  the  replacement  of 
electric  wiring  and  other  renovations,  a  sum  not 
exceeding  forty  thousand  dollars         .  .  .        40,000  00 

501  For  the  cost  of  installing  an  automatic  traffic  signal 

light  at  the  Northampton  state  hospital,  a  sum  not 

exceeding  twenty-five  hundred  dollars         .  .  2,500  00 

502  (This  item  included  in  Item  499.) 

603  For  the  purchase  and  installation  of  additional 
sprinklers  at  the  Northampton  state  hospital,  a 
sum  not  exceeding  ten  thousand  dollars     .  .        10,000  00 

504  Taunton  state  hospital,  a  sum  not  exceeding  six  hun- 

dred seventy-four  thousand  eight  hundred  and  five 

dollars 674,805  00 

505  For  the  renovation  of  baths  and  toilets  at  the  Taun- 

ton state  hospital,  including  the  replacement  of 
plumbing  and  expenses  incidental  thereto,  a  sum 
not  exceeding  ten  thousand  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated 
for  the  purpose 10,000  00 

506  For  the  purchase  of  certain  land  for  the  Raynham 

Colony  at  the  Taunton  state  hospital,  a  sum  not 

exceeding  four  hundred  and  fifty  dollars     .  .  450  00 

507  (This  item  included  in  Item  504.) 

508  Westborough  state  hospital,  a  sum  not  exceeding  six 

hundred  eighty-nine  thousand  and  sixty  dollars   .      689,060  00 

509  For  painting  and  pointing  the  masonry  at  the  main 

group  of  the  Westborough  state  hospital,  a  sum 
not  exceeding  five  thousand  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose     .....  5,000  00 

510  For  renovating  Richmond  sanatorium  at  the  West- 

borough state  hospital,  a  sum  not  exceeding  three 
thousand  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the  pur- 
pose         3,000  00 


234  Acts,  1937.  —  Chap.  234. 

Item 

511  For  the  purchase  and  installation  of  refrigerator 

boxes  and  compressors  at  the  Westborough  state 
hospital,  including  expenses  incidental  thereto, 
a  sum  not  exceeding  eleven  thousand  four  hun- 
dred dollars $11,400  00 

512  For  the  completion  of    a  garage    building  at  the 

Westborough  state  hospital,  a  sum  not  exceeding 

twenty-five  hundred  dollars       ....  2,500  00 

513  For  the  cost  of  better  fire  protection  at  the  West- 

borough state  hospital,  a  sum  not  exceeding  five 

thousand  dollars 5,000  00 

514  Worcester  state  hospital,  a  sum  not  exceeding  one 

million  forty-five  thousand  and  twenty  dollars  .  1,045,020  00 
The  unexpended  balance  of  the  appropriation  made 
for  mechanical  refrigeration  at  the  Worcester  state 
hospital  by  Item  501  of  chapter  two  hundred  and 
forty-nine  of  the  acts  of  nineteen  hundred  and 
thirty-five  is  hereby  reappropriated. 

515  For  the  cost  of  new  plumbing  and  of  renovation  in- 

cidental thereto  at  the  Summer  Street  hospital 
of  the  Worcester  state  hospital,  a  sum  not  exceed- 
ing twenty-three  hundred  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated 
for  the  purpose 2,300  00 

516  Monson  state  hospital,   a  sum  not  exceeding  six 

hundred  seventy-six  thousand  four  hundred  and 

eighty-six  dollars 676,486  00 

517  (This  item  included  in  Item  516.) 

518  For  the  construction  of  roads  within  the  property  of 

the  Monson  state  hospital,  a  sum  not  exceeding 
fifteen  thousand  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for 
the  purpose,  and  the  letting  of  the  contract  and 
the  work  of  construction  to  be  done  under  the 
supervision  of  the  state  department  of  public 
works 15,000  00 

519  For  improved  fire  protection  at  the  Monson  state 

hospital,  a  sum  not  exceeding  ten  thousand  dol- 
lars   10,000  00 

520  Belchertown  state  school,  a  sum  not  exceeding  five 

hundred  twenty-six  thousand  one  hundred  and 

eighty  dollars 526,180  00 

521  (This  item  included  in  Item  520.) 

522  For  the  replacing  of  brass  pipe  at  the  Belchertown 

state  school,  a  sum  not  exceeding  five  thousand 

dollars 5,000  00 

523  For  the  construction  of  additional  filter  beds  at  the 

Belchertown  state  school,  a  sum  not  exceeding 

thirty  thousand  dollars 30,000  00 

524  Walter  E.  Fernald  state  school,  a  sum  not  exceeding 

seven  hundred  thirty-four  thousand  six  hundred 

and  fifty  dollars 734,650  00 

525  For  the  cost  of  investigating  relative  to  improving 

the  water  supply  at  the  Templeton  Colony  of  the 
Walter  E.  Fernald  state  school,  a  sum  not  exceed- 
ing twenty-five  hundred  dollars  .  .  .  2,500  00 

526  For  the  construction  of  walks,  roads  and  grading 

at  the  Walter  E.  Fernald  state  school,  a  sum  not 

exceeding  fifteen  hundred  dollars  .  .  1,500  00 

527  For  improved  fire  protection  at  the  Walter  E.  Fer- 

nald state  school,  a  sum  not  exceeding  ten  thou- 
sand dollars 10,000  00 

528  For  furnishings  for  the  remodeled  Cardinal  House 

at  the  Walter  E.  Fernald  state  school,  a  sum  not 

exceeding  twenty-five  hundred  dollars         .         .         2,500  00 


Acts,  1937.  —  Chap.  234.  235 

Item 

529  Wrentham  state  school,  a  sum  not  exceeding  six  hun- 

dred fifty-one  thousand  four  hundred  dollars      .    $651,400  00 

530  (This  item  included  in  Item  529.) 


Total $12,088,161  00 

Service  of  the  Department  of  Correction. 

531  For  the  salary  of  the  commissioner,  a  sum  not  ex- 

ceeding six  thousand  dollars       ....        $6,000  00 

532  For  personal  services  of  deputies,  members  of  the 

board  of  parole  and  advisory  board  of  pardons, 
agents,  clerks  and  stenographers,  a  sum  not  ex- 
ceeding one  hundred  eighteen  thousand  eight 
hundred  and  eighty  dollars         ....      118,88000 

533  For  services  other  than  personal,  including  printing 

the  annual  report,  necessary  office  supplies  and 
equipment,  a  sum  not  exceeding  seventy-eight  hun- 
dred dollars 7,800  00 

534  For  traveling  expenses  of  oflficers  and  employees  of 

the  department,  when  required  to  travel  in  the 
discharge  of  their  duties,  a  sum  not  exceeding 
fifteen  thousand  dollars     .....        15,000  00 

535  For  the  removal  of  prisoners,  to  and  from  state  in- 

stitutions, a  sum  not  exceeding  seventy-five  hun- 
dred dollars 7,500  00 

536  For  assistance  to  discharged  prisoners,  a  sum  not 

exceeding  five  hundred  dollars  ....  500  00 

537  For  the  expense  of  the  service  of  the  central  index, 

a  sum  not  exceeding  one  thousand  dollars  .  .  1,000  00 


Total $156,680  00 

Division  of  Classification  of  Prisoners: 

538  For  expenses  of  the  division  hereby  authorized,  a 

sum  not  exceeding  nineteen  thousand  five  hun- 
dred dollars;  provided,  that  the  persons  employed 
hereunder  shall  not  be  subject  to  civil  service  laws 
or  the  rules  and  regulations  made  thereunder         .      $19,500  00 

For  the  maintenance  of  and  for  certain  improve- 
ments at  the  following  institutions  under  the 
control  of  the  Department  of  Correction: 

539  State  farm,   a  sum  not  exceeding  eight  hundred 

twenty  thousand  six  hundred  and  forty  dollars     .    $820,640  00 

540  For  the  purchase  of  materials  for  the  replacement 

of  a  hay  barn  destroyed  by  fire  at  the  State  farm,  a 

sum  not  exceeding  ninety-five  hundred  dollars     .  9,500  00 

541  For  the  purchase  and  installation  of  fireproof  doors 

in  the  hospital  at  the  State  farm,  a  sum  not  ex- 
ceeding three  thousand  dollars  ....  3,000  00 

542  For  the  reconstruction  and  improvement  of  part  of 

the  piggery  at  the  State  farm,  a  sum  not  exceeding 

five  thousand  dollars         .....  5,000  00 

543  For  the  purchase  of  X-ray  equipment  for  the  State 

farm,  a  sum  not  exceeding  twenty-five  hundred 

dollars 2,500  00 

544  For  the  construction  of  a  building  and  the  purchase 

of  certain  equipment  for  the  purpose  of  canning 
fruit  and  vegetables  at  the  State  farm,  a  sum  not 
exceeding  seventy-five  hundred  dollars       .  .  7,500  00 

545  For  beginning  the  replacement  and  relocation  of 

steam  lines  at  the  State  farm,  including  the  cost 
of  an  engineering  study  to  provide  a  layout  and 
working  program,  a  sum  not  exceeding  ten  thou- 
sand dollars 10,000  00 


236  Acts,  1937.  —  Chap.  234. 

Item 

546  State  prison,  a  sum  not  exceeding  four  hundred 

seventy-nine  thousand  two  hundred  and  fifty  dol- 
lars          $479,250  00 

547  Massachusetts  reformatory,  a  sum  not  exceeding  five 

hundred  fifty-one  thousand  nine  hundred  dollars  .      551,900  00 

548  For  the  construction  of  a  dairy  unit  at  the  Massachu- 

setts reformatory,  including  barns  and  other  facili- 
ties, as  the  beginning  of  the  relocation  of  the  group 
of  farm  buildings,  a  sum  not  exceeding  forty  thou- 
sand dollars 40,000  00 

549  For  the  construction  of  certain  steel  stairways  at  the 

Massachusetts  reformatory,  a  sum  not  exceeding 

thirty-five  hundred  dollars         ....         3,500  00 

550  Reformatory  for  women,  a  sxnn  not  exceeding  two 

hundred  forty  thousand  four  hundred  and  twenty 

dollars 240,420  00 

551  For  continuing  the  work  of  pointing  and  improving 

the  walls  and  masonry  of  buildings  at  the  reforma- 
tory for  women,  a  sum  not  exceeding  seven  thou- 
sand dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .  7,000  00 

652  For  the  construction  of  a  new  staff  house  at  the  re- 
formatory for  women,  including  furnishings  and 
equipment,  a  sum  not  exceeding  one  hundred  sixty 
thousand  dollars 100,000  00 

553  For  the  purchase  of  a  certain  parcel  of  land  for  the 
reformatory  for  women,  a  sum  not  exceeding  four 
hundred  dollars         ......  400  00 

654  For  the  purchase  and  installation  of  certain  generat- 

ing equipment  at  the  reformatory  for  women,  a 
sum  not  exceeding  twenty-one  thousand  six  hun- 
dred dollars 21,600  00 

655  State  prison  colony,  a  sum  not  exceeding  four  hun- 

dred ninety  thousand  six  hundred  and  seventy- 
five  dollars 490,675  00 

656  For  the  construction  of  additional  treatment  beds 

for  sewage  at  the  state  prison  colony,  a  sum  not 

exceeding  eighteen  thousand  dollars  .         .         .        18,000  00 

Total $2,870,885  00 

Service  of  the  Department  of  Public  Welfare. 
Administration : 
667     For  the  salary  of  the  commissioner,  a  sum  not  exceed- 
ing seven  thousand  dollars         ....        $7,000  00 

658  For  personal  services  of  officers  and  employees,  a 

sum  not  exceeding  fifty  thousand  nine  hundred 

and  fifty  dollars 50,950  00 

659  For  services  other  than  personal,  printing  the  annual 

report,  traveling  expenses,  including  expenses  of 
auxiliary  visitors,  office  supplies  and  expenses,  a 
sum  not  exceeding  sixty-five  hundred  dollars        .  6,500  00 

Total $64,450  00 

State  Board  of  Housing: 

660  For  personal  services,  a  sum  not  exceeding  fourteen 

thousand  nine  hundred  dollars  ....      $14,900  00 

661  For  expenses,  as  authorized  by  section  eighteen  of 

chapter  eighteen  of  the  General  Laws,  inserted  by 
section  one  of  chapter  three  hundred  and  sixty- 
four  of  the  acts  of  nineteen  hundred  and  thirty- 
three,  as  amended,  a  sum  not  exceeding  five  thou- 
sand dollars 5,000  00 

Total $19,900  00 


Acts,  1937. —Chap.  234.  237 

Item 

Division  of  Aid  and  Relief: 

562  For  personal  services  of  officers  and  employees,  a 
sum  not  exceeding  two  hundred  fifteen  thousand 
dollars;  and  the  employment  of  persons  author- 
ized under  Item  I  of  chapter  sixty-nine  of  the  acts 
of  nineteen  hundred  and  thirty-two  may  be  con- 
tinued, and  shall  not  be  subject  to  the  civil  service 
laws  or  the  rules  and  regulations  made  there- 
under       $215,000  00 

663  For  services  other  than  personal,  including  traveling 
expenses  and  office  supplies  and  equipment,  a  sum 
not  exceeding  thirty-three  thousand  five  hundred 
dollars 33,500  00 

The  following  items  are  for  reimbursement  of 
cities  and  towns  for  expenses  of  the  present  year 
and  previous  years,  and  are  to  be  in  addition 
to  any  unexpended  balances  of  appropriations 
made  for  the  purpose  in  the  previous  year: 

564  For  the  payment  of  suitable  aid  to  mothers  with 

dependent  children,  a  sum  not  exceeding  one  mil- 
lion three  hundred  and  ninety  thousand  dollars  .  1,390,000  00 

565  For  the  burial  by  cities  and  towns  of  indigent  persons 

who  have  no  legal  settlement,  a  sum  not  exceeding 

twelve  thousand  dollars 12,000  00 

566  For  expenses  in  connection  with  smallpox  and  other 

diseases  dangerous  to  the  public  health,  a  sum  not 

exceeding  one  hundred  and  five  thousand  dollars      105,000  00 

567  For  the  support  of  sick  indigent  persons  who  have 

no  legal  settlement,  a  sum  not  exceeding  one  hun- 
dred ninety  thousand  dollars      ....      190,000  00 

568  For  temporary  aid  given  to  indigent  persons  with 

no  legal  settlement,  and  to  shipwrecked  seamen 
by  cities  and  towns,  and  for  the  transportation  of 
indigent  persons  under  the  charge  of  the  depart- 
ment, a  sum  not  exceeding  four  million  seven  hun- 
dred thousand  dollars 4,700,000  00 

Old  Age  Assistance: 
669  For  personal  services  required  for  the  administra- 
tion of  old  age  assistance  provided  by  chapter  one 
hundred  and  eighteen  A  of  the  General  Laws,  as 
amended,  a  sum  not  exceeding  one  hundred  three 
thousand  dollars 103,000  00 

570  For  other  expenses,  including  rent,  travel,  office  sup- 

plies and  other  necessary  expenses,  required  for 
the  administration  of  old  age  assistance  provided 
by  said  chapter  one  hundred  and  eighteen  A,  a 
sum  not  exceeding  nineteen  thousand  five  hundred 
dollars 19,500  00 

Total $6,768,000  00 

Division  of  Child  Guardianship: 

571  For  personal  services  of  officers  and  employees,  a 

sum  not  exceeding  two  hundred  twenty-two  thou- 
sand two  hundred  dollars  ....    $222,200  00 

572  For  services  other  than  personal,  office  supplies  and 

equipment,  a  sum  not  exceeding  five  thousand 

dollars 6,000  00 

573  For  tuition  in  the  public  schools,  including  trans- 

portation to  and  from  school,  of  children  boarded 
by  the  department,  for  the  present  and  previous 
years,  a  sum  not  exceeding  two  hundrea  eighty- 
four  thousand  dollars 284,000  00 


238  Acts,  1937.  —  Chap.  234. 

Item 

574  For  the  care  and  maintenance  of  children,  for  the 
present  and  previous  years,  a  sum  not  exceeding 
one  milHon  five  hundred  thirty-five  thousand  dol- 
lars   $1,535,000  00 


Total $2,046,200  00 

Division  of  Juvenile  Training,  Trustees  of  Massa- 
chusetts Training  Schools: 

575  For  services  of  the  secretary  and  certain  other  per- 

sons employed  in  the  executive  office,  a  sum  not 

exceeding  fourteen  thousand  one  hundred  dollars      $14,100  00 

576  For  services  other  than  personal,  including  printing 

the  annual  report,  traveling  and  other  expenses 
of  the  members  of  the  board  and  employees,  office 
supplies  and  equipment,  a  sum  not  exceeding 
thirty-two  hundred  dollars         ....         3,200  00 

Boys'  Parole: 

577  For  personal  services  of  agents  in  the  division  for 

boys  paroled  and  boarded  in  families,  a  sum  not 
exceeding  forty-seven  thousand  three  hundred  and 
ten  dollars 47,310  00 

578  For  services  other  than  personal,  including  traveling 

expenses  of  the  agents  and  boys,  and  necessary 
office  supplies  and  equipment,  a  sum  not  exceeding 
twenty-three  thousand  dollars    ....        23,000  00 

579  For  board,  clothing,  medical  and  other  expenses  in- 

cidental to  the  care  of  boys,  a  sum  not  exceeding 

twenty-five  thousand  dollars      ....       25,000  00 

Girls'  Parole: 

580  For  personal  services  of  agents  in  the  division  for 

girls  paroled  from  the  industrial  school  for  girls, 
a  sum  not  exceeding  thirty-five  thousand  one 
hundred  and  thirty  dollars         ....        35,130  00 

581  For  traveling  expenses  of  said  agents  for  girls  pa- 

roled, for  board,  medical  and  other  care  of  girls, 
and  for  services  other  than  personal,  office  supplies 
and  equipment,  a  sum  not  exceeding  twenty-one 
thousand  dollars 21,000  00 

Tuition  of  children: 

582  For  reimbursement  of  cities  and  towns  for  tuition  of 

children  attending  the  public  schools,  a  sum  not 

exceeding  seven  thousand  dollars        ,         .         .         7,000  00 


Total $175,740  00 

For  the  maintenance  of  and  for  certain  improve- 
nients  at  the  institutions  under  the  control  of  the 
trustees  of  the  Massachusetts  training  schools, 
with  the  approval  of  said  trustees,  as  follows: 

583  Industrial  school  for  boys,  a  sum  not  exceeding  two 

hundred  eight  thousand  six  hundred  dollars         .    $208,600  00 

584  For  the  purchase  of  two  parcels  of  land  for  the  indus- 

trial school  for  boys,  a  sum  not  exceeding  two 

thousand  dollars 2,000  00 

585  Industrial  school  for  girls,  a  sum  not  exceeding  one 

hundred   fifty-four   thousand   five   hundred   and 

fifty  dollars 154,550  00 

586  For  repairing  damage  done  by  fire  to  the  heating 

plant  at  the  industrial  school  for  girls,  including 
replacement  of  equipment,  a  sum  not  exceeding 
thirty-nine  hundred  and  fifty  dollars  .         .         .         3,950  00 


Acts,  1937.  —  Chap.  234.  239 

Item 

587  Lyman  school  for  boys,  a  sum  not  exceeding  two 

hundred   eighty-seven   thousand   seven   hundred 

dollars $287,700  00 

588  For  the  purchase  and  installation  of  equipment  for 

the  power  plant  at  the  Lyman  school  for  boys, 
including  electric  wiring,  a  sum  not  exceeding 
seventy-five  hundred  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose         ......  7,500  00 

Total $664,300  00 

Massachusetts  Hospital  School: 

589  For  the  maintenance  of  the  Massachusetts  hospital 

school,  to  be  expended  with  the  approval  of  the 
trustees  thereof,  a  sum  not  exceeding  two  hundred 
thirty-four  thousand  seven  hundred  and  sixty 
dollars .  .    $234,760  00 

590  For  the  purchase  and  installation  of  X-ray  equip- 

ment, a  sum  not  exceeding  forty-seven  hundred 

dollars 4,700  00 

Total $239,460  00 

State  Infirmary: 

591  For  the  maintenance  of  the  state  infirmary,  to  be 

expended  with  the  approval  of  the  trustees  thereof, 
a  sum  not  exceeding  one  million  three  hundred  ten 
thousand  and  fifty  dollars  .  .  $1,310,050  00 

592  For  the  construction  of  a  building  for  male  inmates, 

including  the  cost  of  furnishings  and  equipment,  a 
sum  not  exceeding  one  hundred  sixty  thousand 
dollars 160,000  00 

593  For  the  construction  of  additional  space  connecting 

with  the  operating  room  for  the  convenience  of 
the  doctors,  a  sum  not  exceeding  two  thousand 
dollars 2,000  00 

594  For  the  replacement  and  building  of  certain   fly 

screens,  a  sum  not  exceeding  five  thousand  dol- 
lars          5,000  00 


Total $1,477,050  00 


Service  of  the  Department  of  Public  Health. 

Administration : 

595  For  the  salary  of  the  commissioner,  a  sum  not  ex- 

ceeding seventy-five  hundred  dollars  .  .  .        $7,500  00 

596  For  personal  services  of  the  health  council  and  office 

assistants,  a  sum  not  exceeding  twenty  thousand 

nine  hundred  and  fifty-five  dollars  .  .        20,955  00 

597  For  services  other  than  personal,  including  printing 

the  annual  report,  traveling  expenses,  office  sup- 
plies and  equipment,  a  sum  not  exceeding  ninety- 
five  hundred  dollars 9,500  00 

Service  of  Adult  Hygiene  (cancer): 

598  For  personal  services  of  the  division,  including  cancer 

clinics,  a  sum  not  exceeding  forty-seven  thousand 

seven  hundred  and  fifty  dollars  .  .        47,750  00 

599  For  other  expenses  of  the  division,  including  cancer 

clinics,  a  sum  not  exceeding  forty-nine  thousand 

five  hundred  dollars 49,500  00 


240  Acts,  1937. —Chap.  234. 

Item 

Service  of  Child  and  Maternal  Hygiene: 

600  For  personal  services  of  the  director  and  assistants, 

a  sum  not  exceeding  sixty-five  thousand  one  hun- 
dred and  fifty  dollars $65,150  GO 

601  For  services  other  than  personal,  traveling  expenses, 

office  supplies  and  equipment,  a  sum  not  exceed- 
ing twenty-five  thousand  dollars         .  .  .        25,000  00 

602  (This  item  combined  with  Item  600.) 

603  (This  item  combined  with  Item  601.) 

Division  of  Communicable  Diseases: 

604  For  personal  services  of  the  director,  district  health 

officers  and  their  assistants,  epidemiologists,  bac- 
teriologist and  assistants  in  the  diagnostic  labo- 
ratory, a  sum  not  exceeding  seventy-seven  thou- 
sand three  hundred  dollars         ....        77,300  00 

605  For  services  other  than  personal,  traveling  expenses, 

laboratory,  office  and  other  necessary  supplies, 
including  the  purchase  of  animals  and  equipment, 
and  rent  of  certain  offices,  a  sum  not  exceeding 
fifteen  thousand  two  hundred  dollars  .  .  .        15,200  00 

Venereal  Diseases: 

606  For  personal  services  for  the  control  of  venereal  dis- 

eases, a  sum  not  exceeding  thirteen  thousand  one 

hundred  and  fifty-five  dollars     ....        13,155  00 

607  For  services  other  than  personal,  traveling  expenses, 

office  supplies  and  equipment,  a  sum  not  exceeding 
twenty-nine  thousand  dollars     ....        29,000  00 

Wassermann  Laboratory: 

608  For  personal  services  of  the  Wassermann  laboratory, 

a  sum  not  exceeding  eighteen  thousand  seven  hun- 
dred dollars 18,700  00 

609  For  expenses  of  the  Wassermann  laboratory,  a  sum 

not  exceeding  six  thousand  dollars       .         .         .         6,000  00 

Antitoxin  and  Vaccine  Laboratories: 

610  For  personal  services  in  the  investigation  and  pro- 

duction of  antitoxin  and  vaccine  IjTuph  and  other 
specific  material  for  protective  inoculation  and 
diagnosis  of  treatment,  a  sum  not  exceeding  eighty 
thousand  dollars 80,000  00 

611  For  other  services,  supplies,  materials  and  equip- 

ment necessary  for  the  production  of  antitoxin  and 
other  materials  as  enumerated  above,  a  sum  not 
exceeding  thirty-six  thousand  five  hundred  dol- 
lars          36,500  00 

Inspection  of  Food  and  Drugs: 

612  For  personal  services  of  the  director,  analysts,  in- 

spectors and  other  assistants,  a  sum  not  exceeding 

sixty-two  thousand  nine  hundred  dollars     .  .        62,900  00 

613  For  other  services,  including  traveling  expenses,  sup- 

plies, materials  and  equipment,  a  sum  not  exceed- 
ing twelve  thousand  three  hundred  dollars  .  .        12,300  00 

Shellfish  Enforcement  Law: 

614  For  personal  services  for  administering  the  law  rela- 

tive to  shellfish,  a  sum  not  exceeding  twenty-two 

hundred  and  twenty  dollars       ....  2,220  00 

615  For  other  expenses  for  administering  the  law  relative 

to  shellfish,  a  sum  not  exceeding  eight  hundred  and 

seventy  dollars  ......  §70  00 


Item 


Acts,  1937.  —  Chap.  234.  241 


Water  Supply  and  Disposal  of  Sewage: 
For  personal  services  of  directors,  engineers,  chemists, 
clerks  and  other  assistants  in  the  division  of  en- 
gineering and  the  division  of  laboratories,  a  sum 
not  exceeding  one  hundred  thirty  thousand  dollars    $130,000  00 
For  other  services,  including  traveling  expenses,  sup- 
plies, materials  and  equipment,  for  the  division  of 
engineering  and  the  division  of  laboratories,  a  sum 
not  exceeding  twenty-seven  thousand  three  hun- 
dred dollars 27,300  00 


Total $736,800  00 

Division  of  Tuberculosis: 

For  personal  services  of  the  director,  stenographers, 
clerks  and  other  assistants,  a  sum  not  exceeding 
thirty-nine  thousand  nine  hundred  and  sixty  dol- 
lars   $39,900  00 

For  services  other  than  personal,  including  printing 
the  annual  report,  traveling  expenses  and  office 
supplies  and  equipment,  a  sum  not  exceeding  four 
thousand  dollars 4,000  00 

To  cover  the  payment  of  certain  subsidies  for  the 
maintenance  of  hospitals  for  tubercular  patients, 
a  sum  not  exceeding  four  hundred  fifty-six  thou- 
sand dollars 456,000  00 

For  personal  services  for  certain  children's  clinics 
for  tuberculosis,  a  sum  not  exceeding  thirty-five 
thousand  three  hundred  dollars  .  .  .        35,300  00 

For  other  services  for  certain  children's  clinics  for 
tuberculosis,  a  sum  not  exceeding  twelve  thou- 
sand dollars 12,000  00 


Total $547,260  00 

Minimum  Wage  Commission: 

For  personal  services  of  investigators,  clerks  and 
stenographers  for  the  minimum  wage  service,  a 
sum  not  exceeding  fourteen  thousand  nine  hun- 
dred and  ten  dollars $14,910  00 

For  compensation  and  expenses  of  wage  boards,  a 

sum  not  exceeding  two  thousand  dollars     .  .  2,000  00 

For  services  other  than  personal,  printing,  traveling 
expenses  and  office  supplies  and  equipment  for 
minimum  wage  service,  a  sum  not  exceeding 
thirty-five  hundred  dollars  .  .  .  .  3,500  00 


Total $20,410  00 

For  the  maintenance  of  and  for  certain  improve- 
ments at  the  sanatoria,  as  follows: 

626  Lakeville  state  sanatorium,  a  sum  not  exceeding 

three  hundred  thirty-six  thousand  eight  hundred 

and  twenty  dollars $336,820  00 

627  For  certain  fire  protection  at  the  Lakeville  state 

sanatorium,  a  sum  not  exceeding  one  thousand 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  .  1,000  00 

627a  For  the  construction  of  beds  and  the  purchase  of  cer- 
tain equipment  for  the  disposal  of  sewage  at  the 
Lakeville  state  sanatorium,  a  sum  not  exceeding 
forty-one  hundred  and  fifty  dollars     .  .  .  4,150  00 

628  North  Reading  state  sanatorium,  a  sum  not  exceed- 

ing two  hundred  eighty  thousand  seven  hundred 

dollars 280,700  00 


242  Acts,  1937.  —  Chap.  234. 

Item 

629  For  certain  fire  protection  at  the  North  Reading 

state  sanatorium,  a  sum  not  exceeding  thirteen 
hundred  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .        $1,300  00 

630  For   making   certain   connections   to   improve   the 

water  supply  at  the  North  Reading  state  sana- 
torium, a  sum  not  exceeding  two  hundred  and 
fifty  dollars 250  GO 

631  For  improvements  in  the  sewage  disposal  system  at 

the  North  Reading  state  sanatorium,  a  sum  not 

exceeding  fourteen  hundred  dollars     .  .  .  1,400  00 

632  For  improvement  of  roads  and  parking  spaces  at  the 

North  Reading  state  sanatorium,  a  sum  not  ex- 
ceeding one  thousand  dollars     ....  1,000  00 

633  Rutland   state  sanatorium,   a  sum  not  exceeding 

three  hundred  seventy-three  thousand  five  hun- 
dred dollars 373,500  00 

634  For  improvements  in  the  water  supply  system  at  the 

Rutland  state  sanatorium,  a  sum  not  exceeding 
ten  hundred  and  eighty  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose         ......  1,080  00 

635  Westfield  state  sanatorium,  a  sum  not  exceeding 

two  hundred  ninety-two  thousand  four  hundred 

and  ninety  dollars 292,490  00 

636  For  improvements  in  the  water  supply  system  at 

the  Westfield  state  sanatorium,  a  sum  not  exceed- 
ing twenty-three  thousand  one  hundred  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose       .  .        23,100  00 

637  For  improvements  in  the  sewage  disposal  system  at 

the  Westfield  state  sanatorium,  a  sum  not  exceed- 
ing fourteen  hundred  and  fifty  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose         ....  1,450  00 

637a  For  remodeling  certain  spaces  at  the  Westfield  state 
sanatorium,  now  used  for  office  purposes,  into 
living  quarters  for  members  of  the  staff,  a  sum 
not  exceeding  forty-six  himdred  dollars       .  .  4,600  00 

637b  For  the  purchase  of  furnishings  and  equipment  for 
the  new  buildings  at  the  Westfield  state  sanato- 
rium, a  sum  not  exceeding  one  hundred  thirty-five 
thousand  dollars 135,000  00 


Total $1,457,840  00 

Pondville  Hospital: 

638  For  maintenance  of  the  Pondville  hospital,  includ- 

ing care  of  radium,  a  sum  not  exceeding  three 

hundred  fifty-one  thousand  six  hundred  dollars   .    $351,600  00 

639  For  improvements  in  the  sewage  disposal  system  at 

the  Pondville  hospital,  a  sum  not  exceeding  thirty- 
five  hundred  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the  pur- 
pose                 3,500  00 

640  For  repair  and  improvement  of  roads  and  parking 

spaces  at  the  Pondville  hospital,  a  sum  not  exceed- 
ing eighty-seven  hundred  dollars         .  .  .  8,700  00 

Total $363,800  00 

Service  of  the  Department  of  Public  Safety. 

Administration : 

641  For  the  salary  of  the  commissioner,  a  sum  not  exceed- 

ing six  thousand  dollars     .....        $6,000  00 


Acts,  1937.  —  Chap.  234.  243 

Item 

642  For  personal  services  of  clerks  and  stenographers,  a 

sum  not  exceeding  ninetj^-eight  thousand  eight 

hundred  dollars $98,800  00 

643  For    contingent    expenses,    including   printing    the 

annual  report,  rent  of  district  offices,  supplies  and 
equipment,  and  all  other  things  necessary  for  the 
investigation  of  fires  and  motion  picture  licenses, 
as  required  by  law,  and  for  expenses  of  administer- 
ing the  law  regulating  the  sale  and  resale  of  tickets 
to  theatres  and  other  places  of  public  amusement 
by  the  department  of  public  safety,  a  sum  not  ex- 
ceeding seventy-three  thousand  dollars       .  .        73,000  00 

Division  of  State  Police: 

644  For  the  salaries  of  officers,  including  detectives,  a 

sum  not  exceeding  five  hundred  forty-nine  thou- 
sand dollars,  of  which  sum  not  more  than  two 
hundred  thousand  dollars  may  be  charged  to  the 
Highway  Fund 549,000  00 

045  For  personal  services  of  civilian  employees,  a  sum 
not  exceeding  one  hundred  nineteen  thousand  dol- 
lars   119,000  00 

640  For  other  necessary  expenses  of  the  uniformed  divi- 
sion, including  traveling  expenses  of  detectives,  a 
sum  not  exceeding  four  hundred  sixteen  thousand 
dollars,  of  which  sum  not  more  than  one  hundred 
fifty  thousand  dollars  may  be  charged  to  the  High- 
way Fund 416,000  00 

647  For  personal  services,  rent,  supplies  and  equipment 

necessary  in  the  enforcement  of  provisions  of  law 
relative  to  explosives  and  inflammable  fluids  and 
compounds,  a  sum  not  exceeding  fourteen  thou- 
sand six  hundred  dollars  .....        14,600  00 

Division  of  Inspection: 

648  For  the  salary  of  the  chief  of  inspections,  a  sum  not 

exceeding  four  thousand  dollars         .  .  .  4,000  00 

649  For  the  salaries  of  officers  for  the  building  inspection 

service,  a  sum  not  exceeding  fifty-three  thousand 

nine  hundred  and  forty  dollars  ....        53,940  00 

650  For  traveling  expenses  of  officers  for  the  building 

inspection  service,  a  sum  not  exceeding  eleven 

thousand  five  hundred  dollars    ....        11,500  00 

651  For  the  salaries  of  officers  for  the  boiler  inspection 

service,  a  sum  not  exceeding  sixty-eight  thousand 

two  hundred  and  twenty  dollars  .  .        68,220  00 

652  For  traveling  expenses  of  officers  for  the  boiler  in- 

spection service,  a  sum  not  exceeding  thirteen 

thousand  five  hundred  dollars    ....        13,500  00 

653  For  services,  supplies  and  equipment  necessary  for 

investigations  and  inspections  by  the  division,  a 

sum  not  exceeding  nine  hundred  dollars       .  .  900  00 

Board  of  Boiler  Rules: 

654  For  personal  services  of  members  of  the  board,  a  sum 

not  exceeding  one  thousand  dollars     .  .  .  1,000  00 

655  For  services  other  than  personal  and  the  necessary 

traveling  expenses  of  the  board,  a  sum  not  exceed- 
ing five  hundred  dollars     .....  500  00 

Total $1,429,960  00 

Fire  Prevention  Service: 

656  For  the  salary  of  the  state  fire  marshal,  a  sum  not 

exceeding  four  thousand  dollars         .  .  .        $4,000  00 


244  Acts,  1937.  —  Chap.  234. 

Item 

657  For  personal  services  of  fire  and  other  inspectors,  a 

sum  not  exceeding  fifty  thousand  five  hundred  and 
^  fifty  dollars $50,550  00 

658  For  traveling  expenses  of  fire  and  other  inspectors, 

a  sum  not  exceeding  fourteen  thousand  one  hun- 
dred and  forty  dollars       .  .  .  .  .        14,140  00 

659  For  other  services,  office  rent  and  necessary  office 

supplies  and  equipment,  a  sum  not  exceeding  four 

thousand  dollars 4,000  00 

060     (This  item  included  in  Items  657  and  658.) 

Total $72,690  00 

State  Boxing  Commission: 

661  For  compensation  and  clerical  assistance  for  the 

state  boxing  commission,  a  sum  not  exceeding 

ninety-nine  hundred  and  twenty  dollars     .  .        $9,920  00 

662  For  other  expenses  of  the  commission,  a  sum  not  ex- 

ceeding sixty-five  hundred  dollars       .  .  .  6,500  00 


Total $16,420  00 

Service  of  the  Deparimenl  of  Public  Works. 

The  appropriations  made  in  the  following  four 
items  are  to  be  paid  three  quarters  from  the 
Highway  Fund  and  one  quarter  from  the  Port 
of  Boston  receipts: 

663  For  the  salaries  of  the  commissioner  and  the  asso- 

ciate commissioners,  a  sum  not  exceeding  nineteen 

thousand  five  hundred  dollars  ....      $19,500  00 

664  For  personal  services  of  clerks  and  assistants  to  the 

commissioner,  a  sum  not  exceeding  eleven  thou- 
sand one  hundred  dollars  ....        11,100  00 

665  For  traveling  expenses  of  the  commissioners,  a  sum 

not  exceeding  two  thousand  dollars  .  .  2,000  00 

666  For  telephone  service  in  the  public  works  building, 

a  sum  not  exceeding  thirty  thousand  dollars         .        30,000  00 


Total $62,600  00 

Functions  of  the  department  relating  to  highways 
(the  following  appropriations,  except  as  other- 
wise provided,  are  made  from  the  Highway 
Fund): 

667  For  the  maintenance  and  operation  of  the  public 

works  building,  a  sum  not  exceeding  one  himdred 

thirty  thousand  dollars $130,000  00 

668  For  the  salaries  of  guards  for  the  public  works  build- 

ing, a  sum  not  exceeding  thirty-five  thousand  dol- 
lars   35,000  00 

669  For  personal  services  of  the  chief  engineer,  engineers 

and  office  assistants,  including  certain  clerks  and 
stenographers,  a  sum  not  exceeding  ninety-seven 
thousand  dollars 97,000  00 

670  For  services  other  than  personal,  including  printing 

pamphlet  of  laws  and  the  annual  report,  and  neces- 
sary office  supplies  and  equipment,  and  for  the 
expense  of  membership  of  the  department  in  the 
American  Association  of  State  Highway  Officials, 
a  sum  not  exceeding  seventeen  thousand  dollars        17,000  00 

671  For  the  suppression  of  gypsy  and  brown  tail  moths 

on  state  highways,  a  sum  not  exceeding  twelve 

thousand  five  hundred  dollars    ....        12,500  00 


Acts,  1937. —Chap.  234.  245 

Item 

672  For  the  construction  and  repair  of  towTi  and  county 

ways,  a  sum  not  exceeding  two  million  five  hun- 
dred thousand  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose $2,500,000  00 

673  For  aiding  towns  in  the  repair  and  improvement  of 

public  ways,  a  sum  not  exceeding  one  million  four 

hundred  fifty  thousand  dollars  ....  1,450,000  00 

674  For  the  maintenance  and  repair  of  state  highways, 

including  care  of  snow  on  highways,  expenses  of 
traffic  signs  and  lights;  for  payment  of  damages 
caused  by  defects  in  state  highways,  with  the  ap- 
proval of  the  attorney  general;  for  care  and  repair 
of  road-building  machinery;  and  for  the  mainte- 
nance of  a  nursery  for  roadside  planting,  a  sum 
not  exceeding  two  million  eight  hundred  thousand 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  2,800,000  00 

675  For  the  purpose  of  enabling  the  department  of  pub- 

lic works  to  secure  federal  aid  for  the  construction 
and  reconstruction  of  highways,  including  bridges, 
a  sum  not  exceeding  two  million  three  hundred 
thousand  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .  2,300,000  00 

676  For  administering  the  law  relative  to  advertising 

signs  near  highways,  a  sum  not  exceeding  twenty- 
one  thousand  dollars,  to  be  paid  from  the  General 
Fund 21,000  00 

677  For  expenses  of  a  topographical  survey  and  map  of 

the  commonwealth,  in  addition  to  funds  received 
from  federal  appropriations  or  private  subscrip- 
tions, a  sum  not  exceeding  fifty  thousand  dollars       50,000  00 

Registration  of  Motor  Vehicles: 

678  For  personal  services,  a  sum  not  exceeding  one  mil- 

lion eighty  thousand  dollars,  of  which  sum  fifteen 
thousand  dollars  may  be  charged  to  the  General 
Fund,  and  the  remainder  shall  be  paid  from  the 
Highway  Fund 1,080,000  00 

679  For  services  other  than  personal,  including  traveling 

expenses,  purchase  of  necessary  supplies  and  ma- 
terials, including  cartage  and  storage  of  the  same, 
and  for  work  incidental  to  the  registration  and  li- 
censing of  owners  and  operators  of  motor  vehicles, 
a  sum  not  exceeding  four  hundred  eighty  thou- 
sand dollars,  to  be  paid  from  the  Highway  Fund  .      480,000  00 

680  For  printing  and  other  expenses  necessary  in  con- 

nection with  publicity  for  certain  safety  work,  a 

sum  not  exceeding  one  thousand  dollars      .  .  1,000  00 

Total $10,973,500  00 

Functions  of  the  department  relating  to  water- 
ways and  public  lands: 

681  For  personal  services  of  the  chief  engineer  and  assist- 

ants, a  sum  not  exceeding  fifty-eight  thousand 

dollars $58,000  00 

682  For  services  other  than  personal,  including  printing 

pamphlet  of  laws  and  the  annual  report,  and  for 
necessary  office  and  engineering  supplies  and  equip- 
ment, a  sum  not  exceeding  sixteen  hundred  dollars  1,600  00 

683  For  the  care  and  maintenance  of  the  province  lands 

and  of  the  lands  acquired  and  structures  erected  by 
the  Provincetown  tercentenary  commission,  a  sum 
not  exceeding  five  thousand  dollars     .         .         .         5,000  00 


246  Acts,  1937. —Chap.  234. 

Item 

684  For  the  maintenance  of  structures,  and  for  repair- 

ing damages  along  the  coast  Une  or  river  banks  of 
the  commonwealth,  and  for  the  removal  of  wrecks 
and  other  obstructions  from  tide  waters  and  great 
ponds,  a  sum  not  exceeding  twenty-two  thousand 
five  hundred  dollars $22,500  00 

685  For  the  improvement,  development  and  protection 

of  rivers  and  harbors,  tide  waters  and  foreshores 
within  the  commonwealth,  as  authorized  by  sec- 
tion eleven  of  chapter  ninety-one  of  the  General 
liaws,  as  appearing  in  the  Tercentenary  Edition 
thereof,  and  of  great  ponds,  a  sum  not  exceeding 
one  hundred  thousand  dollars,  and  any  unex- 
pended balance  of  the  appropriation  remaining  at 
the  end  of  the  current  fiscal  year  may  be  expended 
in  the  succeeding  fiscal  year  for  the  same  purposes; 
provided,  that  all  expenditures  made  for  the  pro- 
tection of  shores  shall  be  upon  condition  that  at 
least  fifty  per  cent  of  the  cost  is  covered  by  con- 
tributions from  municipalities  or  other  organiza- 
tions and  individuals,  and  that  in  the  case  of 
dredging  channels  for  harbor  improvements  at 
least  twenty-five  per  cent  of  the  cost  shall  be  so 
covered 100,000  00 

686  For  re-establishing  and  permanently  marking  certain 

triangulation  points  and  sections,  as  required  by 
order  of  the  land  court  in  accordance  with  section 
thirty-three  of  chapter  ninety-one  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition 
thereof,  a  sum  not  exceeding  one  thousand  dollars  1,000  00 

687  For  expenses  of  surveying  certain  town  boundaries, 

by  the  department  of  public  works,  a  sum  not  ex- 
ceeding five  hundred  dollars       ....  500  00 

688  For  the  operation  and  maintenance  of  the  New  Bed- 

ford state  pier,  a  sum  not  exceeding  twelve  thou- 
sand dollars 12,000  00 

689  For  the  compensation  of  dumping  inspectors,  a  sum 

not  exceeding  fifteen  hundred  dollars  .  .  .  1,500  00 

690  For  continuing  the  work  in  gauging  the  flow  of  water 

in  the  streams  of  the  commonwealth,  a  sum  not 

exceeding  five  thousand  dollars  ....  5,000  00 

691  For  the  maintenance  and  repair  of  certain  property 

in  the  town  of  Plymouth,  a  sum  not  exceeding 

thirty-five  hundred  dollars         ....  3,500  00 

692  For  the  operation  and  maintenance  of  the  Cape  Cod 

Canal  pier,  a  sum  not  exceeding  forty-five  hundred 

dollars 4,500  00 

693  (This  item  omitted.) 

694  For  certain  expenditures  on  account  of  the  recon- 

struction of  a  pier  at  Plymouth,  the  sum  of  four- 
teen hundred  sixty-six  dollars  and  twenty-seven 
cents,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  1,466  27 

Total $216,566  27 

Functions  of  the  department  relating  to  Port  of 
Boston  (the  following  items  are  to  be  paid  from 
the  Port  of  Boston  receipts) : 

695  For  the  construction  of  railroads  and  piers  and  for 

the  development  of  certain  land,  a  sum  not  exceed- 
ing nine  thousand  dollars  .....        $9,000  00 

696  For  the  supervision  and  operation  of  commonwealth 

pier  five,  including  the  salaries  or  other  compen- 
sation of  employees,  and  for  the  repair  and  replace- 


Acts,  1937.  —  Chap.  234.  247 


Item 


ment  of  equipment  and  other  property,  a  sum  not 
exceeding  one  hundred  eleven  thousand  one  hun- 
dred dollars      $111,100  00 

697  For  the  maintenance  of  pier  one,  at  East  Boston,  a 

sum  not  exceeding  four  thousand  dollars     .  .  4,000  00 

698  For  the  maintenance  and  improvement  of  common- 

wealth property  under  the  control  of  the  depart- 
ment in  connection  with  its  functions  relating  to 
waterways  and  public  lands,  a  sum  not  exceeding 
ninety  thousand  dollars     .....        90,000  00 

699  For  dredging  channels  and  filling  flats,  a  sum  not 

exceeding  ninety  thousand  dollars,  the  same  to  be 
in  addition  to  any  unexpended  balance  of  the  ap- 
propriation made  for  the  purjjose  in  the  previous 
year 90,000  00 

700  (This  item  omitted.) 


Total $304,100  00 

Service  of  the  DeparUnenl  of  Public  Ulililies. 

701  For  personal  services  of  the  commissioners,  a  sum 

not  exceeding  thirty-six  thousand  dollars     .  .      $36,000  00 

702  For  personal  services  of  secretaries,  employees  of  the 

accounting  department,  engineering  department, 
and  rate  and  tariff  department,  a  sum  not  exceed- 
ing thirty-nine  thousand  seven  hundred  and 
twenty  dollars 39,720  00 

703  For  personal  services  of  the  inspection  department,  a 

sum  not  exceeding  fifty-one  thousand  five  hundred 

dollars 51,500  00 

704  For  personal  services  of  clerks,  messengers  and  oflfice 

assistants,  a  sum  not  exceeding  sixteen  thousand 

two  hundred  dollars 16,200  00 

705  For  personal  services  of  the  telephone  and  telegraph 

division,  a  sum  not  exceeding  seventeen  thousand 

six  hundred  and  twenty  dollars  ....        17,620  00 

706  For  stenographic  reports  of  hearings,  a  sum  not 

exceeding  two  thousand  dollars  ....  2,000  00 

707  For  traveling  expenses  of  the  commissioners  and 

employees,  a  sum  not  exceeding  twenty-seven  hun- 
dred dollars 2,700  00 

708  For  other  services,  printing  the  annual  report,  for 

rent  of  offices  and  for  necessary  office  supplies  and 
equipment,  a  sum  not  exceeding  twenty-two  thou- 
sand three  hundred  dollars         ....        22,300  00 

709  For  stenographic  reports  of  evidence  at  inquests  held 

in  cases  of  death  by  accident  on  or  about  railroads, 

a  sum  not  exceeding  eight  hundred  dollars  .  .  800  00 


Total $188,840  00 

Investigation  of  Gas  and  Electric  Light  Meters: 

710  For  personal  services  of  the  division  of  inspection  of 

gas  and  gas  meters,  a  sum  not  exceeding  twenty- 
one  thousand  four  hundred  dollars      .  .  .      $21,400  00 

711  For  expenses  of  the  division  of  inspection  of  gas  and 

gas  meters,  including  office  rent,  traveling  and 
other  necessary  expenses  of  inspection,  a  sum  not 
exceeding  forty-five  hundred  dollars  .  .  .         4,500  00 

712  (This  item  combined  with  Item  708.) 

713  For  the  examination  and  tests  of  electric  meters,  a 

sum  not  exceeding  two  hundred  dollars       .  .  200  00 


Total $26,100  00 


248  Acts,  1937.  —  Chap.  234. 

Item 

Special  Investigations: 

714  For  personal  services  and  expenses  of  special  investi- 

gations, including  legal  assistants  as  needed,  a  sum 

not  exceeding  seven  thousand  dollars  .         .         .       $7,000  GO 

Commercial  Motor  Vehicle  Division: 

715  For  personal  services  of  the  director  and  assistants, 

a  sum  not  exceeding  fifty-seven  thousand  four 

hundred  dollars $57,400  00 

716  For  other  services,   necessary  office  supplies  and 

equipment,  and  for  rent,  a  sum  not  exceeding 

fourteen  thousand  four  hundred  dollars       .         .        14,400  00 


Total $71,800  00 

Smoke  Inspection  Service: 

The  following  items  are  to  be  assessed  upon  the 
cities  and  towns  comprising  the  district  de- 
fined by  chapter  six  hundred  and  fifty-one  of 
the  acts  of  nineteen  hundred  and  ten,  and  acts 
in  amendment  thereof  or  in  addition  thereto : 

717  For  personal  services,  a  sum  not  exceeding  thirty-one 

thousand  seven  hundred  dollars  .  .  .      $31,700  00 

718  For  other  services,  printing  the  annual  report,  rent 

of  offices,  travel,  and  necessary  office  supplies  and 
equipment,  a  sum  not  exceeding  thirty-five  hun- 
dred dollars      3,500  00 


Total $35,200  00 

Sale  of  Securities: 

719  For  personal  services  in  administering  the  law  rela- 

tive to  the  sale  of  securities,  a  sum  not  exceeding 

thirty-eight  thousand  six  hundred  and  ten  dollars      $38,610  00 

720  For  expenses  other  than  personal  in  administering 

the  law  relative  to  the  sale  of  securities,  a  sum  not 

exceeding  ten  thousand  dollars  ....        10,000  00 


Total $48,610  00 

Miscellaneoiis. 

721  For  the  maintenance  of  Bunker  Hill  monument  and 

the  property  adjacent,  to  be  expended  by  the 
metropolitan  district  commission,  a  sum  not  ex- 
ceeding twelve  thousand  three  hundred  dollars  .      $12,300  00 

The  following  items  are  to  be  paid  from  the  High- 
way Fund,  with  the  approval  of  the  metropoli- 
tan district  commission: 

722  For  maintenance  of  boulevards  and  parkways,  a  sum 

not  exceeding  six  hundred  ninety-eight  thousand 

eight  hundred  and  twenty  doUars       .  .  .      698,820  00 

723  For  resurfacing  of  boulevards  and  parkways,  a  sum 

not  exceeding  two  hundred  seventy-five  thousand 

dollars 275,000  00 

724  For  expense  of  supplies  and  services  necessary  for 

procuring  Works  Progress  Administration  funds, 
a  sum  not  exceeding  eight  thousand  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose     ....  8,000  00 

725  For  the  cost  of  installations  necessary  for  additional 

street  fighting,  a  sum  not  exceeding  thirty-two 

thousand  dollars 32,000  00 


Acts,  1937.  —  Chap.  234.  249 

Item 

726     For  maintenance  of  Wellington  bridge,  a  sum  not 

exceeding  thirty-four  hundred  dollars         .  .        $3,400  00 


Total $1,029,520  00 

Unclassified  Accounts  and  Claims. 

727  For  the  compensation  of  veterans  of  the  civil  war 

formerly  in  the  service  of  the  commonwealth,  now 
retired,  a  sum  not  exceeding  thirty-five  hundred 
dollars $3,500  00 

728  For  the  compensation  of  any  veteran  who  may  be 

retired  by  the  governor  under  the  provisions  of 
sections  fifty-six  to  fifty-nine,  inclusive,  of  chap- 
ter thirty-two  of  the  General  Laws,  as  appearing 
in  the  Tercentenary  Edition  thereof,  a  sum  not 
exceeding  sixty-five  thousand  dollars  .  .        65,000  00 

729  For  the  compensation  of  certain  prison  officers  and 

instructors  formerly  in  the  service  of  the  common- 
wealth, now  retired,  a  sum  not  exceeding  seventy 
thousand  dollars 70,000  00 

730  For  the  compensation  of  state  police  officers  for- 

merly in  the  service  of  the  commonwealth,  and 
now  retired,  a  sum  not  exceeding  eighty-five  hun- 
dred dollars 8,500  00 

731  For  the  compensation  of  certain  women  formerly 

employed  in  cleaning  the  state  house,  and  now 

retired,  a  sum  not  exceeding  six  hundred  dollars  .  600  00 


Total $147,600  00 

For  certain  other  aid: 

732  For  the  compensation  of  certain  public  employees 

for  injuries  sustained  in  the  course  of  their  em- 
ployment, for  present  and  previous  j^ears,  as  pro- 
vided by  section  sixty-nine  of  chapter  one  hundred 
and  fifty-two  of  the  General  Laws,  as  amended, 
a  sum  not  exceeding  one  hundred  thousand  dollars, 
of  which  sum  not  more  than  fifty-five  thousand 
dollars  may  be  charged  to  the  Highway  Fund       .    $100,000  00 

733  For  the  payment  of  certain  annuities  and  pensions 

of  soldiers  and  others  under  the  provisions  of  cer- 
tain acts  and  resolves,  a  sum  not  exceeding  forty- 
two  hundred  and  ninety-six  dollars     .  .  .  4,296  00 


Total $104,296  00 

734  For  reimbursing  officials  for  premiums  paid  for  pro- 

curing sureties  on  their  bonds,  as  provided  by 
existing  laws,  a  sum  not  exceeding  three  hundred 
and  seventy-five  dollars     .....  $375  00 

735  For  payment  of  any  claims,  as  authorized  by  section 

eighty-nine  of  chapter  thirty-two  of  the  General 
Laws,  as  amended,  for  allowances  to  the  families 
of  members  of  the  department  of  public  safety 
doing  police  duty  killed  or  fatally  injured  in  the 
discharge  of  their  duties,  a  sum  not  exceeding 
seventy-three  hundred  and  eighty  dollars  .  .  7,380  00 

736  For  small  items  of  expenditure  for  which  no  appro- 

priations have  been  made,  and  for  cases  in  which 
appropriations  have  been  exhausted  or  have  re- 
verted to  the  treasury  in  previous  years,  a  sum 
not  exceeding  one  thousand  dollars     .         .         .         1,000  00 


250  Acts,  1937.  —  Chap.  234. 

Item 

737  For  reimbursement  of  persons  for  funds  previously 
deposited  in  the  treasury  of  the  commonwealth 
and  escheated  to  the  commonwealth,  a  sum  not 
exceeding  ten  thousand  dollars    ....      $10,000  00 

Total $18,755  00 

Deficiencies. 

For  deficiencies  in  certain  appropriations  of  previ- 
ous years,  in  certain  items,  as  follows: 

Service  of  the  Legislative  Department. 

For  printing,  binding  and  paper  ordered  by  the  senate 
and  house  of  representatives,  or  by  concurrent 
order  of  the  two  branches,  with  the  approval 
of  the  clerks  of  the  respective  branches,  the  sum 
of  eighteen  hundred  forty-five  dollars  and  fifty- 
seven  cents      .......       $1,845  57 

Service  of  the  Land  Court. 

For  personal  services  in  the  examination  of  titles, 
for  publishing  and  serving  citations  and  other  serv- 
ices, traveling  expenses,  supplies  and  office  equip- 
ment, and  for  the  preparation  of  sectional  plans 
showing  registered  land,  the  sum  of  four  hundred 
twenty-two  dollars  and  seventy-seven  cents         .  422  77 

Service  of  the  Executive  Department. 

For  postage,  printing,  office  and  other  contingent 
expenses,  including  travel  of  the  governor,  the 
sum  of  seventy-two  hundred  seventy  dollars  and 
sixty-one  cents  ......         7,270  61 

Service  of  the  Adjutant  General. 

For  services  other  than  personal,  and  for  necessary 
office  supplies  and  expenses,  the  sum  of  one  hun- 
dred forty-five  dollars  and  thirty-seven  cents       .  145  37 

Service  of  the  Militia. 

For  pay  and  transportation  of  certain  boards,  the 
sum  of  seven  hundred  thirteen  dollars  and  forty 
cents 713  40 

For  pay  and  transportation  in  making  inspections 
and  surveys,  and  for  escort  duty,  the  sum  of  two 
hundred  eighty-nine  dollars  and  ninety-six  cents  289  96 

For  transportation  of  officers  and  non-commissioned 
officers  for  attendance  at  military  meetings,  the 
sum  of  five  hundred  six  dollars  and  ninety-four 
cents 506  94 

For  compensation,  transportation  and  expenses  in 
the  preparation  for  camp  duty  maneuvers,  the 
sum  of  thirteen  hundred  two  dollars  and  sixty- 
two  cents         .......  1,302  62 

For  compensation  for  special  and  miscellaneous 
dutj^  the  sum  of  two  hundred  forty-six  dollars 
and  thirty-two  cents  .....  246  32 

To  cover  certain  small  claims  for  damages  to  private 
property  arising  from  military  maneuvers,  the 
sum  of  one  hundred  dollars  and  eighty- two  cents  100  82 


Acts,  1937. —Chap.  234.  251 


Service  of  the  Commission  on  Administration  and  Finance. 

Purchase  of  paper: 
For  the  purchase  of  paper  used  in  the  execution  of 
the  contracts  for  state  printing,  other  than  legis- 
lative, with  the  approval  of  the  commission  on 
administration  and  finance,  the  sum  of  nineteen 
hundred  ninety-one  dollars  and  six  cents     .  .        $1,991  06 

Service  of  the  Alcoholic  Beverages  Control  Commission. 

For  services  other  than  personal,  including  rent  of 
offices,  travel,  and  ofiice  and  incidental  expenses, 
the  sum  of  three  thousand  fifty  dollars  and  sev- 
enty-four cents         ......         3,050  74 

Service  of  the  Secretary  of  the  Commonwealth. 

For  matters  relating  to  elections: 

For  expenses  of  publication  of  lists  of  candidates 
and  forms  of  questions  before  state  elections,  the 
sum  of  five  hundred  twenty-nine  dollars  and  fifty 
cents 529  50 

For  administering  the  law  to  permit  absent  voters  to 
vote  at  state  elections,  the  sum  of  sixty-two  dol- 
lars and  forty-six  cents      .....  62  46 

Service  of  the  Emergency  Finance  Board. 

For  administrative  expenses  of  the  emergency  fi- 
nance board,  the  sum  of  sixteen  hundred  ten  dol- 
lars and  sixty-three  cents  ....  1,610  63 

Service  of  the  Attorney  GeneraVs  Department. 

For  services  other  than  personal,  traveling  expenses, 
office  supplies  and  equipment,  the  sum  of  fifteen 
hundred  ninety-five  dollars  and  sixty-four  cents   .  1,595  64 

Service  of  the  Department  of  Conservation. 

Division  of  Forestry: 
For  reimbursement  to  certain  towns,  as  authorized 
by  section  twenty-four  of  chapter  forty-eight  of 
the  General  Laws,  as  appearing  in  the  Tercente- 
nary Edition  thereof,  the  sum  of  one  hundred 
thirty-two  dollars  and  thirty-one  cents        .  .  132  31 

Salisbury  Beach  Reservation: 
For  the  maintenance  of  Salisbury  beach  reservation, 
the  sum  of  one  hundred  seventy-eight  dollars  and 
sixty-one  cents  .         .         .         .         .         .  178  61 

Service  of  the  Department  of  Corporations  and  Taxation. 

Corporations  and  Tax  Divisions: 
For  other  services,  necessary  office  supplies  and 
equipment,  travel,  and  for  printing  the  annual 
report,  other  publications  and  valuation  books, 
the  sum  of  fifty-six  hundred  ninety-one  dollars 
and  twenty  cents      ......  5,691  20 

Service  of  the  Department  of  Education. 

For  the  reimbursement  of  certain  towns  for  the  pay- 
ment of  tuition  of  pupils  attending  high  schools 
outside  the  towns  in  which  they  reside,  as  pro- 
vided by  law,  the  sum  of  twenty-five  hundred 
seventy-nine  dollars  and  thirty-one  cents    .  .  2,579  31 


252  Acts,  1937.  —  Chap.  234. 

Item 

For  the  reimbursement  of  certain  towns  for  the  trans- 
portation of  pupils  attending  high  schools  outside 
the  towns  in  which  they  reside,  as  provided  by 
law,  the  sum  of  eighty-four  hundred  six  dollars 
and  thirteen  cents    ......       $8,406  13 

English-speaking  Classes  for  Adults: 
For  reimbursement  of  certain  cities  and  towns,  the 
sum  of  four  thousand   thirty-eight  dollars  and 
forty-six  cents  ......         4,038  46 

Division  of  Immigration  and  Americanization: 
For  other  expenses,  the  sum  of  two  hundred  ninety- 
five  dollars  and  nineteen  cents  ....  295  19 

Massachusetts  Nautical  School: 
For  personal  services  of  the  secretary  and  office  as- 
sistants, the  sum  of  seventy-nine  dollars     .  .  79  00 

State  Teachers'  College: 
For  the  maintenance  of  the  boarding  hall  at  the  state 
teachers'  college  in  Framingham,  the  sum  of  one 
thousand  three  dollars  and  sixty-three  cents         .  1,003  63 

Service  of  the  Departmenl  of  Civil  Service  and  Registration. 

Board  of  Registration  of  Barbers: 
For  travel  and  other  necessary  expenses,  the  sum  of 

seventy-seven  dollars  and  nine  cents  ...  77  09 

Service  of  the  Department  of  Correction. 

For  services  other  than  personal,  including  printing 
the  annual  report,  necessary  office  supplies  and 
equipment,  the  sum  of  one  hundred  forty-six  dol- 
lars and  fifty-seven  cents  .  .  .  .  146  57 

For  traveling  expenses  of  officers  and  employees  of 
the  department,  when  required  to  travel  in  the 
discharge  of  their  duties,  the  sum  of  three  hundred 
sixteen  dollars  and  forty-one  cents      .  .  .  316  41 

Service  of  the  Department  of  Public  Welfare. 

Division  of  Child  Guardianship: 
For  services  other  than  personal,  office  supplies  and 
equipment,  the  sum  of  one  hundred  fifty-six  dol- 
lars and  twenty-four  cents         .  .  .  .  156  24 

Service  of  the  Department  of  Public  Safety. 

For  other  necessary  expenses  of  the  uniformed  divi- 
sion, including  traveling  expenses  of  detectives, 
the  sum  of  sixty-two  dollars  and  forty-seven  cents  62  47 

State  Boxing  Commission: 
P^or  other  expenses  of  the  commission,  the  sum  of 

two  hundred  ten  dollars  and  thirty-five  cents         .  210  35 

Service  of  the  Department  of  Public  Works. 

For  services  other  than  personal,  including  printing 
pamphlet  of  laws  and  the  annual  report,  and  neces- 
sary office  supplies  and  equipment,  the  sum  of 
eighty-six  dollars  and  thirty-five  cents,  to  be  paid 
from  the  Highway  Fund   .....  86  36 


Item 


Acts,  1937.  —  Chap.  234.  253 


For  the  maintenance  and  repair  of  state  highways, 
including  care  of  snow  on  highways,  expenses  of 
traffic  signs  and  hghts;  for  payment  of  damages 
caused  by  defects  in  state  highways,  with  the 
approval  of  the  attorney  general;  for  care  and 
repair  of  road-building  machinery;  and  for  the 
maintenance  of  a  nursery  for  roadside  planting, 
the  sum  of  nine  thousand  thirty-four  dollars  and 
ninety  cents,  to  be  paid  from  the  Highway  Fund  .        $9,034  90 

Melropolilan  District  Commission. 

For  maintenance  of  parks  reservations,  including  the 
retirement  of  soldiers  under  the  provisions  of  the 
(General  Laws,  the  sum  of  seven  hundred  ninety- 
one  dollars  and  seventy-seven  cents  .  .  .  791  77 

For  the  cost  of  providing  additional  bathing  facilities 
in  the  towns  of  Holden,  Rutland  and  Sterling,  a 
sum  not  exceeding  four  hundred  two  dollars  and 
sixty-one  cents,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose 
and  to  be  assessed  as  a  part  of  the  cost  of  the  met- 
ropolitan water  maintenance     ....  402  61 

Total $55,373  01 


Metropolitan  District  Commission. 

The  following  items  are  to  be  assessed  upon  the 
several  districts  in  accordance  with  the  methods 
fixed  by  law,  unless  otherwise  provided,  and  to 
be  expended  under  the  direction  and  with  the 
approval  of  the  metropolitan  district  commis- 
sion: 

For  maintenance  of  the  Charles  River  basin,  a  sum 
not  exceeding  two  hundred  sixty-four  thousand 
eight  hundred  and  seventy  dollars,  including  re- 
tirement of  soldiers  imder  the  provisions  of  the 
General  Laws $264,870  00 

For  maintenance  of  park  reservations,  including  the 
purchase  of  land  and  the  retirement  of  soldiers 
under  the  provisions  of  the  General  Laws,  a  sum 
not  exceeding  one  million  one  hundred  forty-seven 
thousand  nine  hundred  and  ten  dollars         .  .  1,147,910  00 

For  the  expense  of  holding  band  concerts,  a  sum  not 
exceeding  twenty  thousand  dollars,  to  be  assessed 
as  part  of  the  cost  of  maintenance  of  parks  reser- 
vations    20,000  00 

For  expense  of  supplies  and  services  necessary  for 
procuring  Works  Progress  Administration  funds, 
a  sum  not  exceeding  twelve  thousand  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  and  to  be  assessed 
as  part  of  the  cost  of  maintenance  of  parks  reser- 
vations     12,000  00 

For  extending  and  improving  the  Lynn  sea  wall,  a 
sum  not  exceeding  eleven  thousand  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  and  to  be  assessed 
as  part  of  the  cost  of  maintenance  of  parks  reser- 
vations     11,000  00 

For  the  construction  of  a  sanitary  in  the  vicinity  of 
Oak  Island,  a  sum  not  exceeding  twelve  thousand 
dollars,  to  be  assessed  as  part  of  the  cost  of  main- 
tenance of  parks  reservations     ....        12,000  00 


254  Acts,  1937.  —  Chap.  234. 

Item 

744a  For  expense  of  supplies  and  services  necessary  for 
procuring  Works  Progress  Administration  funds 
for  continuing  the  construction  of  additional  facili- 
ties at  the  Ponkapoag  golf  course,  a  sum  not  ex- 
ceeding twenty  thousand  dollars,  to  be  assessed 
as  part  of  the  cost  of  maintenance  of  parks  reser- 
vations     $20,000  00 

745  For  improving  a  portion  of  the  beach  at  Wollaston, 

a  sum  not  exceeding  six  thousand  dollars,  to  be 
assessed  as  part  of  the  cost  of  maintenance  of 
parks  reservations    ......  6,000  00 

746  For  the  cost  of  constructing  a  radio  room  on  the 

roof  of  the  metropolitan  district  building,  a  sum 
not  exceeding  five  thousand  dollars,  to  be  assessed 
as  part  of  the  cost  of  maintenance  of  parks  reser- 
vations     5,000  00 

747  For  services  and  expenses  of  the  division  of  metro- 

politan planning,  a  sum  not  exceeding  nineteen 

thousand  eight  hundred  dollars  .  .  .        19,800  00 

748  For  maintenance  of  the  Nantasket  Beach  reserva- 

tion, a  sum  not  exceeding  one  hundred  four  thou- 
sand seven  hundred  dollars         ....      104,700  00 

749  For  maintenance  of  Wellington  bridge,  a  sum  not 

exceeding  ten  thousand  two  hundred  dollars,  in- 
cluding retirement  of  soldiers  under  the  provisions 
of  the  General  Laws,  the  same  to  be  in  addition 
to  the  amount  appropriated  in  item  seven  hun- 
dred and  twenty-six 10,200  00 

750  For  the  maintenance  and  operation  of  a  system  of 

sewage  disposal  for  the  north  metropolitan  sewer- 
age district,  a  sum  not  exceeding  four  hundred 
seventeen  thousand  eight  hundred  and  five  dol- 
lars, including  retirement  of  soldiers  under  the 
provisions  of  the  General  Laws  417,805  00 

751  For  repairs  and  improvements  to  the  wharf  at  Deer 

Island,  a  sum  not  exceeding  two  thousand  dollars, 
to  be  assessed  as  part  of  the  cost  of  maintenance 
of  the  north  metropolitan  sewerage  district         ,  2,000  00 

752  For  the  reconstruction  of  a  trestle  for  the  water  in- 

take pipe  at  Deer  Island,  a  sum  not  exceeding 
,  twenty  thousand  dollars,  to  be  assessed  as  part 

of  the  cost  of  maintenance  of  the  north  metropoli- 
tan sewerage  district  .....        20,000  00 

753  For  the  replacement  of  boilers  at  the  East  Boston 

pumping  station,  a  sum  not  exceeding  fifteen 
thousand  dollars,  to  be  assessed  as  part  of  the  cost 
of  maintenance  of  the  north  metropolitan  sewerage 
district 15,000  00 

754  For  the  maintenance  and  operation  of  a  system  of 

sewage  disposal  for  the  south  metropolitan  sew- 
erage district,  a  sum  not  exceeding  three  hundred 
thousand  four  hundred  and  thirty-seven  dollars, 
including  retirement  of  soldiers  under  the  provi- 
sions of  the  General  Laws         ....      300,437  00 

756  For  the  maintenance  and  operation  of  the  metropoli- 
tan water  system,  a  sum  not  exceeding  one  million 
six  thousand  three  hundred  and  ninety  dollars,  in- 
cluding retirement  of  soldiers  under  the  provisions 
of  the  General  Laws 1,006,390  00 

756  For  the  purchase  of  property  for  protection  of  the 
water  supply,  a  sum  not  exceeding  fifteen  thou- 
sand dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose 
and  to  be  assessed  as  a  part  of  the  cost  of  the 
metropolitan  water  maintenance         .  .  .        15,000  00 


Acts,  1937.  —  Chap.  234.  255 


Item 

758  For  the  construction  of  additions  and  improvements 
to  certain  supply  and  distribution  mains,  as  a  part 
of  the  cost  of  maintenance  of  the  metropoUtan 
water  system,  a  sum  not  exceeding  three  hundred 
thousand  dollars,  the  same  to  be  in  addition  to 
any  unexpended  balance  of  an  appropriation  made 
for  the  purpose  in  the  previous  year    . 


Total 

General  and  Highway  Funds 
Metropolitan  District  Commission 


$300,000  00 
3,710,112  00 


$70,102,030  58 
3,711,306  38 


Section  3.  No  liabilities  in  excess  of  appropriations 
provided  for  under  this  act  shall  be  incurred  by  any  depart- 
ment or  institution,  except  in  cases  of  emergency,  and  then 
only  upon  the  prior  written  approval  of  the  governor  and 
council.  The  state  comptroller  is  hereby  directed  to  send 
a  copy  of  this  section  to  each  departmental,  divisional  and 
institutional  head  immediately  following  the  passage  of  this 
act,  together  with  a  copy  of  suitable  regulations  relative  to 
apphcations  for  transfers  from  the  appropriation  for  ex- 
traordinary expenses  as  provided  by  section  eight  of  chapter 
six  of  the  General  Laws. 

Section  4.  The  sums  appropriated  for  maintenance  of 
certain  institutions  include  allowances  for  the  purchase  of 
coal  to  April  first,  nineteen  hundred  and  thirty-eight,  and 
balance  representing  these  sums  may  be  carried  forward 
at  the  end  of  the  fiscal  year. 

Section  5.  No  payment  shall  be  made  or  obligation 
incurred  under  authority  of  any  special  appropriation  made 
by  this  act  for  construction  of  pubhc  buildings  or  other 
improvements  at  state  institutions  until  plans  and  speci- 
fications have  been  approved  by  the  governor,  unless  other- 
wise provided  by  such  rules  and  regulations  as  the  governor 
may  make. 

Section  6.  No  expenses  incurred  for  mid-day  meals  by 
state  employees,  other  than  those  who  receive  as  part  of  their 
compensation  a  non-cash  allowance  in  the  form  of  full  or 
complete  boarding  and  housing,  and  those  employees  who 
are  stationed  beyond  commuting  distance  from  their  homes 
for  a  period  of  more  than  twenty-four  hours,  shall  be  allowed 
by  the  commonwealth. 

Section  7.  The  budget  commissioner  is  hereby  directed 
to  send  a  copy  of  sections  five  and  six  of  this  act  to  each 
departmental,  divisional  and  institutional  head  immediately 
following  the  passage  of  this  act. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  26,  1937. 


256 


Acts,  1937. —Chap.  235. 


Chap.2S5  An  Act  authorizing  municipalities  engaged  in  the  dis- 
tribution OF  GAS  OR  electricity  TO  CONDUCT  THE  BUSI- 
NESS OF  SELLING,  INSTALLING  AND  SERVICING  CERTAIN 
MERCHANDISE,    EQUIPMENT,    UTENSILS   AND   CHATTELS. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  164,  § 
amended. 


34, 


Acquisition 
of  lighting 
plants  by 
cities  and 
towns. 


Validation 
of  certain 
acts. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirty-four  of  chapter  one  hundred 
and  sixty-four  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  adding  at  the 
end  the  following  new  sentence:  —  A  town,  engaged  in  the 
business  of  distributing  gas  or  electricity,  may,  as  a  part  of 
such  business,  if  an  appropriation  is  made  therefor,  sell  at 
prevaihng  retail  prices,  install  and  service,  within  the  terri- 
tory served  by  such  business,  merchandise,  equipment,  uten- 
sils and  chattels  of  any  description,  incidental  or  auxiliary 
to  the  use  of  gas  or  electricity  distributed  to  its  consumers 
or  necessary  or  expedient  in  the  protection  or  management 
of  its  property  used  in  such  business,  —  so  as  to  read  as 
follows:  —  Section  34-  A  town  may,  in  accordance  with  this 
chapter,  construct,  purchase  or  lease,  and  maintain  within 
its  limits,  one  or  more  plants  for  the  manufacture  or  distribu- 
tion of  gas  or  electricity  for  municipal  use  or  for  the  use  of  its 
inhabitants.  Such  plants  may  include  suitable  land,  struc- 
tures and  machinery  and  other  apparatus  and  appliances 
for  manufacturing,  using  and  distributing  gas  or  electricity 
for  said  purposes.  A  town,  engaged  in  the  business  of  dis- 
tributing gas  or  electricity,  may,  as  a  part  of  such  business, 
if  an  appropriation  is  made  therefor,  sell  at  prevailing  retail 
prices,  install  and  service,  within  the  territory  served  by 
such  business,  merchandise,  equipment,  utensils  and  chattels 
of  any  description,  incidental  or  auxiliary  to  the  use  of  gas  or 
electricity  distributed  to  its  consumers  or  necessary  or  ex- 
pedient in  the  protection  or  management  of  its  property 
used  in  such  business. 

Section  2.  All  action  heretofore  taken  by  a  city  or  town, 
and  all  acts  heretofore  done  by  any  of  its  officers,  in  connec- 
tion with  the  sale,  installation  or  service  of  merchandise, 
equipment,  utensils  or  chattels  described  in  section  one,  are 
hereby  confirmed  and  made  valid  to  the  same  extent  as 
though  said  section  one  had  then  been  in  effect. 

Approved  April  29,  1937. 


Acts,  1937. —Chaps.  236,  237.  257 


An  Act  relative  to  payment  of  the  compensation  of  QJkij)  236 
members  of  the  general  court. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^^TambiT^ 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  nine,  as  appearing  in  the  amended!  ^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following :  —  Section  9,  Each  member  of  the  general  court  Compensation 
shall  receive  two  thousand  dollars  for  each  regular  annual 
session  of  the  term  for  which  he  is  elected,  and  four  dollars 
and  twentj^  cents  for  every  mile  of  ordinary  traveling  distance 
from  his  place  of  abode  to  the  place  of  sitting  of  the  general 
court.  The  president  of  the  senate  and  the  speaker  of  the 
house  of  representatives  shall  each  receive  two  thousand 
dollars  additional  compensation.  Each  member  of  the  gen- 
eral court  shall  be  entitled  to  be  paid  his  compensation  at 
the  rate  of  two  hundred  dollars  for  each  full  month  of  the 
session.  Such  paj^ments  shall  be  made  to  him,  upon  his 
request,  on  the  last  legislative  day  in  which  the  general  court 
is  in  session  preceding  the  fifteenth  day  of  each  month  and 
on  the  day  preceding  the  last  legislative  day  of  each  month, 
and  shall  be  for  an  amount  not  exceeding  the  proportion 
then  due  at  the  aforesaid  rate;  provided,  that  tlie  state 
treasurer,  in  his  discretion,  may,  during  the  annual  session, 
make  additional  payments  on  account,  in  excess  of  such 
monthly  rate,  to  an}^  member  making  written  request  there- 
for, but  the  amount  of  such  additional  payments  shall  not 
exceed,  in  the  aggregate,  three  hundred  dollars  in  any  one 
session,  and  in  no  event  shall  the  amount  of  all  payments 
under  this  section  in  any  year  to  any  member  exceed,  in  the 
aggregate,  the  compensation  of  such  member  for  the  annual 
session. 

Section  2.  Section  eleven  of  said  chapter  three,  as  so  ap- 
pearing, is  hereby  repealed.  Approved  April  29,  1937. 

An  Act  establishing  Suffolk  university.  Chav. 2S7 

Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessarj'-  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  name  of  the  Suffolk  Law  School,  a 
corporation  incorporated  by  chapter  one  hundred  and  forty- 
five  of  the  acts  of  nineteen  hundred  and  fourteen,  is  hereby 
changed  to  Suffolk  University.  Said  corporation  shall  here- 
after consist  of  not  more  than  twenty-one  members. 


258  Acts,  1937.  —  Chaps.  238,  239. 

Section  2.  Suffolk  University  shall  include  the  depart- 
ments now  known  as  Suffolk  law  school,  Suffolk  graduate 
school  of  law,  Suffolk  college  of  liberal  arts,  Suffolk  college  of 
journalism  and  a  new  department  to  be  known  as  Suffolk 
college  of  business  administration. 

Said  university  shall  possess  all  the  powers  and  privileges 
heretofore  granted  by  said  chapter  one  hundred  and  forty- 
five  and  by  chapter  fifteen  of  the  acts  of  nineteen  hundred 
and  thirty-five,  together  with  such  additional  powers  and 
privileges  as  are  possessed  by  colleges  of  journalism  and 
business  administration  in  this  commonwealth,  including 
power  to  confer  appropriate  degrees  and  to  grant  appropriate 
diplomas.  Approved  April  29,  1937. 

Chap. 238  An  Act  authorizing  the  erection  of  certain  pent  houses 
OR  other  structures  above  the  roof  line  of  the  pro- 
posed additional  unit  to  the  SUFFOLK  COUNTY  COURT 
HOUSE    IN    THE    CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  pent  houses  or  other  structures  for  the 
enclosure  of  elevator  machinery  or  shafts  or  mechanical 
equipment  erected  above  the  roof  line  of  any  building  to  be 
erected  on  Pemberton  square  and  Somerset  street  in  the 
city  of  Boston,  as  an  additional  unit  to  the  Suffolk  county 
court  house,  under  the  provisions  of  chapter  four  hundred 
and  seventy-four  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  may,  with  the  approval  of  the  building  commissioner 
of  said  city,  be  erected  above  the  height  limit  established  by 
section  one  of  chapter  sixty  of  the  acts  of  nineteen  hundred 
and  thirty-six,  notwithstanding  any  provision  of  said  chapter 
sixty  or  of  any  other  general  or  special  law  inconsistent  here- 
with. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1937. 

Chap.2S9  An  Act  dissolving  certain  corporations. 

prTambk"^  TTAereas,  It  is  necessary  that  certain  delinquent  and  other 

corporations  be  dissolved  in  the  current  j^ear,  therefore  this 
act  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Such  of  the  following  named  corporations 
as  are  not  already  legally  dissolved  are  hereby  dissolved, 
subject  to  the  provisions  of  sections  fifty-one,  fifty-two  and 
fifty-six  of  chapter  one  hundred  and  fifty-five  of  the  General 
Laws :  — 

A  and  C  Investment  Corporation,  The,  A.  &  E.  Profita, 
Inc.,  A  &  J  Motor  Lines,  Inc.,  ABC  Puzzle  Advertising 
Company,  A.  C.  C.  Corporation,  The,  A.  C.  Manufacturing 
Company,  A.  Claus'  Sons,  Inc.,  A.  E.  Brady  Company, 


Acts,  1937.  —  Chap.  239.  259 

A.  E.  Covelle  Co.,  A.  F.  Brown  Co.,  A.  H.  Wilson  &  Com- 
pany, Incorporated,  A.  I.  Savitz  Co.  Inc.,  A.  J.  Chaput 
Company,  Inc.,  A.  J.  Fawcett,  Incorporated,  A.  L.  Nichols 
Company,  The,  A.  Michelini  &  Sons,  Inc.,  A.  Rosenberg  & 
Co.,  Inc.,  A.  Swiman  Company  Inc.,  Academy  Theater  of 
Fall  River,  Incorporated,  Acme  Heating  &  Power  Equip- 
ment Corporation,  Acoaxet  Realty  Company,  Adams  and 
Abbott,  Inc.,  Adams  Realty  Corporation,  Adler  Richards 
Co.,  Inc.,  The,  Adonijah  Farm,  Inc.,  Advocate  Press,  Inc., 
Air  Conditioners,  Inc.,  Alben  Bag  Co.,  Inc.,  Albert  Flower 
Inc.,  Alden-Walker,  Inc.,  Aldrich  Syndicate,  Inc.,  Alfred 
Brigham  Co.  (1914),  Alfred  V.  Rivest  Co.,  Alfred  W.  Raven- 
ing, Incorporated,  Alhambra  Theatre  Co.,  Alkaloid  Products 
Corporation,  All-State  Construction  Company,  The,  Allen 
Brothers  Construction  Company,  Allen-Howe  Inc.,  Allen's 
Market,  Inc.,  Allied  Dental  Laboratory,  Inc.,  The,  AHied 
Finance  Corporation,  Allied  Service  Corp.,  Allston  Storage 
Warehouse  Inc.,  Allyn,  Inc.,  Alpha  Holding  Company,  Inc., 
Alton  Investment  Co.  Inc.,  American  Brands  Corporation, 
American  Fire  Equipment  Company,  Inc.,  American  Food 
Stores  Corporation,  American  Motors  of  Somerville  Inc., 
American  Pictures,  Inc.,  American  Provision  Company, 
American  Shoe  Pattern  Manufacturers,  Inc.,  American 
Spring  Service  Company,  American  Trademark  Association, 
Inc.,  Ancient  River  Corporation,  The,  Anderson  Manufac- 
turing Company,  Anderson  Realty  Corporation,  Andrews  & 
Wald  Roofing  Corp.,  Andrews  Shade  Company,  The,  An- 
thony Leather  Company,  Apollo  Theatres  Incorporated, 
Arborway  Associates,  Inc.,  Arcese  Construction  Company, 
The,  Archibald  Wheel  Company,  Arco  Manufacturing  Com- 
pany, Ardmore  Laundry,  Inc.,  Ariington-Belmont  Ice  Com- 
pany, Arlington  Buildings,  Inc.,  Arlington  Motors,  Inc., 
Armand  Company  of  Massachusetts,  The,  Armstrong  Build- 
ing Finish  Co.,  Aronette  Manufacturing  Co.,  Arrow  Shoe 
Stores,  Inc.  of  Springfield,  Arrow  Transportation,  Inc., 
Arthur  B.  Porter,  Inc.,  Arthur  Treat  Company,  Asiatic 
Trading  Company,  Inc.,  Associated  Motors,  Inc.,  Asso- 
ciated Printers,  Inc.,  Association  of  Eastern  Credit  Men, 
Incorporated,  Athol  Real  Estate  Trust  Incorporated,  Atlantic 
Cone  Company,  Inc.,  Atlantic  Ornamental  Iron  and  Wire 
Works,  Inc.,  Atlantic  Precision  Instrument  Company, 
Atlantic  Provision  Company,  Atlantic  Sales  Company,  Atlas 
Footwear  Company,  Inc.,  Attleboro  Automobile  Company, 
Atwood  Brothers,  Incorporated,  Atwood-Thomas  Construc- 
tion Company,  Auburn  Worsted  Company,  Inc.,  Auto 
Cniiser  Manufacturing  &  Sales  Co.,  Inc.,  Auto  Warehouse 
Sales  Co.,  Autolux  Sign  Company,  Automatic  Heat  Institute, 
Inc.,  Automatic  Trading  Corp.,  Automobile  Safety  Device 
Corporation,  Automotive  Finance  Corporation,  Automotive 
Radiator  Corp.,  Avery  Cafeteria,  Inc.,  Avon  Products  Sales 
Co. 

B.  &  A.  Motors  Garage  &  Warehouse  Inc.,  B  &  C  Stores, 
Inc.,  B.  G.  &  S.  Theatre  Corporation,  Baber  Company, 


260  Acts,  1937. —Chap.  239. 

Babson  Park  Company,  Bachelder  Motor  Company,  Back 
Bay  Furniture  Company,  Inc.,  Ball  Sq.  Public  Market,  Inc., 
Bancroft  Candy  Company,  Inc.,  Bancroft  Tissue  Corpora- 
tion, Bankers  Fiscal  Corporation,  Barden  Brothers  Com- 
pany, Barkentine,  Inc.,  Barlow  Coal  Company,  Barnes 
Chevrolet  Sales  &  Service,  Inc.,  Barnet  Slosman  &  Co.,  Inc., 
Baron  Bros.  &  Peltz,  Inc.,  Barre  Motor  Company,  Incor- 
porated, Barrett  Transportation  Co.,  Inc.,  Barron's  Outlet, 
Inc.,  Barstow,  Hill  &  Company,  Incorporated,  Bay  State 
Film  Exchange  Co.,  Bay  State  Finance  Corporation,  Bay 
State  Motor  Sales  &  Service,  Inc.,  Bay  State  Restaurant, 
Inc.,  Bay  State  Upholstering  Company,  Bay  State  Wood 
Heel,  Inc.,  Bayhte  Lamp  &  Shade  Co.,  Bea  Shoe  Co., 
Beach  Theatre  and  Dramatic  School,  Inc.,  Beacon  Chevro- 
let Company,  Beacon  Cloak  &  Suit  Co.  Inc.,  Beacon  Diner, 
Inc.,  Beacon  Holding  Co.,  Beacon  Metals  Inc.,  Beacon 
Paint  Products  Company,  Beals  McLaughlin  &  Parker 
Masters  Co.,  Beaver  Transportation  Company,  Beckman  & 
Tilden,  Inc.,  Befco  Inc.,  Belgian  Village,  Inc.,  Bell  Mort- 
gage &  Finance  Corporation,  Bell  Refrigerator  &  Store 
Fixture  Company,  Belmont  Pharmacy,  Incorporated,  of 
Brighton,  Belmont  Sales  Company,  Belvidere  Paint  & 
Hardware  Company  Inc.,  Ben-Burk  Sales  Corporation, 
Ben  Katzeff,  Inc.,  Benj.  N.  Moore  &  Sons  Company,  Ben- 
nett-Chapmanizing,  Inc.,  Berkeley  Financial  Service,  Inc., 
Berkshire  Creamery  Company,  Berkshire  Flying  Service, 
Inc.,  Berkshire  Progressive  Corporation,  Best  Construction 
Co.  Inc.,  The,  Better-Built  Pumps,  Inc.,  Better  Motors, 
Inc.,  Beverage  Distributors,  Inc.,  Beverly  Building  Associ- 
ation, The,  Beverly  Permanent  Wave  Shop,  Inc.,  Biblion, 
Inc.,  Bick  Leather  Finishing  Co.  Inc.,  The,  Big  Six  Motor 
Express,  Inc.,  Biogene  Chemical  Company,  Inc.,  Blake 
Office  Supply  Co.,  Inc.,  Blondell  Apparel  Shop,  Inc.,  Blue 
Anchor  Tavern  Inc.,  Blue  Eagle  Meat  Market,  Inc.,  Blue 
Hill  Coal  &  Coke  Company,  Blue  Hill  Ice  Company,  Blue 
Seal  Co.  Ltd.,  Bon  Ton  Laundry  Co.,  Bond  Finance  Cor- 
poration, Bond  Trading  Corporation,  Bonnie  Brae  Brands, 
Inc.,  Boston  American  League  Basketball  Club,  Inc.,  Bos- 
ton Amusement  Corp.,  Boston  Automobile  Company,  Bos- 
ton Backing  Co.,  Inc.,  Boston  Baggage  Company,  Boston 
Brass  Company,  Boston  Brass  Company,  Inc.,  Boston 
Building  Material  Company,  Boston  Coal  Companj^,  Bos- 
ton Consumers  Cooperative  Association,  Boston  Express 
Exchange,  (Incorporated),  Boston  Fibre  Corporation,  Bos- 
ton Furniture  Mart,  Inc.,  Boston  Hatters  Supply  Inc., 
Boston  Heating  Company,  Boston  Kennel  Club,  Inc.,  The, 
Boston  Motor  Warehouse,  Inc.,  Boston  Moulded  Products 
Company,  Boston  Optical  Company,  Inc.,  Boston  Piano 
Supply  Company,  Boston  Sportswear,  Inc.,  Boston  Store  of 
Beverly  Inc.,  Bottle  Shop,  Inc.,  The,  Bowdoin  Square  Cigar 
Company,  Bowmar  Restaurant  Company,  Boyer  Realty 
Co.,  Inc.,  Bradford  Realty  Co.  Inc.,  Bragdon  Produce  Com- 
pany Inc.,  Braintree  Coal  &  Grain  Co.  Inc.,  Brattle  Drug 


Acts,  1937.  —  Chap.  239.  261 

Company,  Inc.,  Breezy  Hill  Farms,  Inc.,  Brewer's  Express, 
Inc.,  Brierly-Lombard  Company,  The,  Briggs  Funeral  Serv- 
ice, Inc.,  Brimfield  Brick  Company,  Brindis-Drapler  Shoe 
Company,  Brinton-Bayles  Flying  Service,  Inc.,  Brockton 
Plumbing  &  Heating  Supply  Company,  Brockware  Food 
Company,  Inc.,  Brohava,  Incorporated,  Brookline  General 
Hospital  Corporation,  Brookline  Home  Development  Cor- 
poration, Brookline  Homes,  Inc.,  Brophy  Auto  Supply  Com- 
pany, Broude  &  Bagran,  Inc.,  Brown  Radio  &  Appliance 
Corp.,  Bruce  &  Sparkes,  Inc.,  Burditt  &  Williams  Co.,  Burke 
Shoe  Co.,  Inc.,  Burrich  Shoe  Co.,  Business  Associates  Inc., 
Business  Service  of  N.  E.,  Inc.,  Bussey  Motor  Sales  Inc., 
Butler's  Garage,  Inc.,  Butman  Grain  &  Feed  Company, 
Byron  Shoe  Company,  Inc. 

C  &  W  Tool  Company,  C.  B.  Chase  Corporation,  C.  B. 
White  &  Company,  Inc.,  C.  E.  Harris  Co.,  The,  C.  Fred 
Spring  Co.,  Inc.,  C.  H.  Cunningham  &  Son  Co.,  C.  H.  G. 
Cederborg  Company,  C.  S.  Watson  Co.  Inc.,  C.  Sugarman 
&  Sons,  Inc.,  C.  Torrielli  Co.,  Inc.,  C.  W.  Shippee,  Inc.,  Calia 
and  Zarella  Company,  Inc.,  Callanan  &  Archer  Co.  Inc., 
Callaway  Associates  Inc.,  The,  Cambria  Chocolate  Company, 
Cambridge  Battery  Service  Company,  Incorporated,  Cam- 
bridge Engraving  Company,  CamlDridge  Ice  Company, 
Cambridge  Machine  &  Tool,  Inc.,  Camden  Sons  Motor 
Company,  Camera  Picture  Shops,  Inc.,  Camp  Idlewild,  Inc., 
Camp  Viking,  Inc.,  Campbell  &  Moore,  Inc.,  Campello 
Motor  Com  pan  j^,  Campello  Nail-less  Heel  Company,  Can- 
ton Corner  Garage,  Inc.,  Cape  Cod  Hotel  Company,  Cape 
Cod  Motor  Exchange  Inc.,  Capital  Clothing  Co.  Inc.,  Capi- 
tol Neckwear  Co.,  Captain's  Nook  Incorporated,  Carbone 
Brothers  Music  Shop  Inc.,  Carder  Wood  Working  Company, 
Cardoza  Bros.  &  Pina,  Inc.,  Cariboo  Syndicate  of  Massa- 
chusetts, Inc.,  Carl  F.  Lawton  &  Co.,  Inc.,  Carl  J.  Johnson 
Company,  Inc.,  Carleton-Mace  Engineering  Corporation, 
Carlow  Automobile  Company,  Carlton  Shoe  Co.,  Inc.,  Carl- 
ton's, Inc.,  Carney  &  Company  Inc.,  Caroline-Levins  Shoe 
Co.,  Inc.,  Carp's,  Inc.,  Carter-Korth  Oil  Burners,  Inc.,  Car- 
ter Realty  Company,  Cary  Pharmacy  Inc.,  Casa  Napoli, 
Inc.,  Casey's  Incorporated,  Castle  Rock  Springs  Co.,  Inc., 
Cefalo  Construction  Company,  Centerbar  Corporation,  Cen- 
tral Auto  Parts  Companj^,  Central  Building  Company, 
Central  Manufacturing  Company,  Inc.,  Central  Massachu- 
setts Laboratories,  Inc.,  Central  Massachusetts  Publishing 
Co.,  Central  Radio  Stores,  Inc.,  Central  Service  Company, 
Inc.,  Central  Stores  Inc.,  Central  Theatre  Operating  Com- 
pany, Central  Wharf  and  Vessels  Companj',  Central  Whole- 
sale Grocer}^  Co.,  Century  Press,  The,  Century  Shoe  Cor- 
poration, Chain  Leather  Co.,  Chapdelaine  Construction 
Company,  Inc.,  Chapin,  Inc.,  The,  Charles  River  Meadows, 
The  Proprietors  of,  Charles  Shoe  Company,  Charlcsgate 
Hospital  Incorporated,  Chase  Grain  Mill,  Chef  Grande, 
Incorporated,  Chelsea  Veritas,  Inc.,  Chemical  Coated  Prod- 
ucts Co.,  Chemical  Laboratories,  Inc.,  Chester  A.  Chabot, 


262  Acts,  1937.  —  Chap.  239. 

Inc.,    Chesterfield,    Inc.,    Chicken    Products    Corporation, 
Chicopee  Finance  Corporation,  Childs,  Jeffries  &  Co.,  In- 
corporated,  Chile  Wines  Importing  Company,   Inc.,   The, 
Chimes  Cafeteria  Inc.,  Cinder  Concrete  Units  Corporation, 
Cinder  Refining  Corporation,  Citizens  Motor  Sales  Corpora- 
tion, Citro  Products  Co.,  Inc.,  City  Dye  Works,  Incorpo- 
rated, City  Finance  Corporation,  City  Sea  Grill,  Inc.,  City 
Taxi  Service,  Inc.,  City  Welding  &  Radiator  Company,  Inc., 
Claflin    Sales    Co.,    Clarendon    Garage    Corporation,    Cleb 
Automatic  Control  Co.,  The,  Chfton  Laundry,  Inc.,  Clinton 
Land  and  Building  Corporation,   Clyde  R.   Sanders  Inc., 
Cobb's  Markets,  Inc.,  Coburn  Trolley  Track  Manufacturing 
Company,  Cock  of  the  Walk  Mfg.  Co.,  Colchester  Mill  Com- 
pany, The,  Coleman  Groves  Company,  Collegian,  Inc.,  The, 
Collier  Manufacturing  Co.,  Colonial  Enterprises  Inc.,  Co- 
lonial Furniture  Mart,  Inc.,  Colonial  Garage  of  Willimansett, 
Incorporated,    Colonial    Laboratories,    Inc.,    Colonial    Rug 
Company,  Colorenda  Camera  Corporation,  Colson's  Puritan 
Dental  Company,  Columbia  Cloak  and  Suit  Company,  Inc., 
Columbia  Service  Stations,  Incorporated,  Columbia  Spring- 
field  Motor  Company,  Columbus   Construction   Company 
Inc.,  Commercial  Adjustments  and  Audits,  Inc.,  Commer- 
cial Box  Co.  Inc.,  Commonwealth  Kennel  Club,  Inc.,  Com- 
monwealth Motor  Mart,  Inc.,  Commonwealth  Realty  Com- 
pany,   Community   Shoppers,    Inc.,    Conanicut   Mfg.    Co., 
Concord   Lunch,  Inc.,  Concord   Motor   Company,   Condit 
Electrical    Manufacturing    Corporation,    Congress    Beauty 
Supply  Company,  Congress  Company,  The,  Congress  Par- 
lor Furniture  Factories,  Inc.,  Connecticut  Valley  Polish  Co- 
operative Corporation,  The,  Connelly's  Inc.   (1932),  Con- 
solidated   Merchandising   Corporation,   Consolidated   Press 
Company,  Consolidated  Weir  Company,  Consolidation  Coast- 
wise Company,  Consumers  Coal  Corporation,  Consumers' 
Company,  Cool  Foods  Equipment,  Inc.,  Coolidge  Hill  As- 
sociates, Inc.,  Coordinators  Incorporated,  Copy- Writer  Sales 
Corporation  of  Massachusetts,  Coral  Land  Co.  Inc.,  Corey 
Hill  House,  Inc.,  Corey  Leather  Company,  Cornhill  Lunch, 
Inc.,   Correct-0-Lite  Co.   of  New  England,   Cosmopohtan 
Trading  Corporation,  Cotter  Plumbing  Supply  Co.,  Cotton- 
Wood    Products   Inc.,    Country   Club   Community   Corp., 
Court  Contracting  &  Engineering  Co.,  Court  Pharmacy  Inc., 
Courtney  and   Eldredge,    Inc.,   Cover   Leather  Company, 
Cowin  Coal  Company,  Crafters  Incorporated,  Crafts  De- 
partment Store,  Inc.,  Craig  &  Kimball,  Inc.,  Credit  Accept- 
ance Company,   Creedman  Studios  Inc.,  Crescent  Realty 
Corp.,  Crescent  Shoe  Mfg.  Co.,  Inc.,  Crescentower,  Inc.,  No. 
2,  Cresylite  Corporation,  Crosby  &  Gillen  Inc.,  Cross  Woolen 
Co.,  Inc.  (incorporated  1934),  Crown  Sea  Food  Company, 
Crystal  Dress  Shops  Inc.,  Cummings  Express  Co.,  Cunning- 
ham &  Thompson  Company,  Gushing  Refrigerator  Company. 
D.  &  M.  Machinery  Supply  Co.,  D  &  O  Box  Corp.,  D.  R. 
McKillop  &  Co.  Inc.,   D.  T.  Kennedy  Power  Company, 
Dahlquist  Manufacturing  Company,  Dainty  Garment  Dryer 


Acts,  1937. —Chap.  239.  263 

Inc.,  Damon  &  Roemer,  Inc.,  Daniel  J.  Marshall  Company, 
Daniel  Lawrence  &  Sons,  Samuel  C.  Lawrence,  Sole  Pro- 
prietor, Inc.,  Dartmouth  Factors  Corporation,  Davis  Fur- 
niture Co.  Inc.,  Davis  Shoe  Company,  The,  Da  vol  Realty 
Company,  Davol  Wholesale  Beverage  Company,  Inc.,  Del' 
Live  Poultry  Company,  Delia  Pharmacy,  Inc.,  Delphi  Res- 
taurant Inc.,  Deltex  Company,  The,  Dennison  Airport  Ken- 
nel Club,  Inc.,  Devonshire  Grill,  Inc.,  Dillingham-Dyke- 
man.  Incorporated,  Distillers  Distributors  Inc.,  The,  Dis- 
tributors Agency  of  New  England,  Inc.,  Domestic  Sales  Co., 
Inc.,  Dominion  Fabrics  Corporation,  Donald  A.  Burdick, 
Inc.,  Donovan  Drug  Company,  Dorasina  Fur  Corporation, 
Dorchester  Coal  Sales  Co.,  Inc.,  Dorchester  Duco  Refinish- 
ers.  Inc.,  Dorrs  Market,  Inc.,  Dorset  Inn,  Incorporated, 
Double  Spring  Shuttle  Company,  The,  Dudley  Cafe,  Inc., 
Dudley  Street  Garage,  Inc.,  Duncan  &  Goodell  Co.,  Dun- 
can &  Goodell  Realty  Co.,  Dunster  House  Bookshop,  Inc., 
Duplex  Diesel  Corporation,  Durham  Company,  Durkee 
Shoe  Company,  Durso  Construction  Co. 

E.  A.  A.,  Inc.,  E.  &  J.  Laundry  Company,  E.  D.  Heffer- 
nan's  Sons  Company,  E.  D.  Hewins  Inc.,  E.  H.  Clapp  Rub- 
ber Company,  E.  L.  Bonney  Box  Co.,  E.  S.  Hall,  Inc.,  E.  W. 
Pitman  Company,  E.  Zorbas  Co.,  Eagle  Amusement  Com-' 
pany.  Earl  D.  Smith  Insurance  Agency,  Inc.,  Earl  O.  Max- 
well, Inc.,  Eastern  Building  Finish  Company,  The,  Eastern 
Garage  Company,  Eastern  Home  Development  Corporation, 
Eastern  Ocean  Shipping  Corporation,  Eastern  Sportwear 
Company,  Inc.,  Eastern  Tire  Company,  Eastland  Sales  Cor- 
poration, Ebhng  Brewing  Co.,  Inc.,  The,  Eclipse  Lacquer  and 
Chemical  Company,  The,  Economic  Lamp  Company,  Edmund 
S.  Hunt  &  Sons  Corp.,  Egleston  Square  Chevrolet,  Inc., 
Elaine  Dress  Shoppes,  Inc.,  Elangee  Amusement  Cor- 
poration, Eleanor  Shoe  Company,  Inc.,  Electric  Steam 
Heating  Corporation,  Electric  Window  Salesman  Company, 
Electronic  Devices  Distributing  Corporation,  Elgin  Silk 
Company,  Elite  Cafe  Inc.,  Elm  Street  Theatre  Operating 
Company,  Emerson  Store,  Inc.,  Emily  G.  Webb,  Inc.,  Em- 
peror Diner  Inc.,  Empire  Burner  Mfg.  Co.,  Inc.,  Empire 
Jewelry  Company  Inc.,  Enamel  Craft  Company,  Epic  Pic- 
tures, Incorporated,  Epstein's  Inc.,  Equitable  Credit  Serv- 
ice, Inc.,  Equitable  Optical  Company,  Ernest  P.  Elmstrom 
Inc.,  Essex  Die  Company,  Essex  Paint  and  Wallpaper 
Company,  Inc.,  Estabrooks  and  Sibley  Company,  Everett 
Mills,  Everett  Shoe  Company,  Inc.,  Everett  Theatre  Co., 
Exchange  Cash  &  Carry  Company,  Inc.,  Exeter  Company, 
The,  Ezykut  Tool  Corporation,  The. 

F.  A.  Goduti  &  Son,  Inc.,  F.  C.  Warren  and  Bradford  Co., 
F.  L.  Reynolds  Co.,  Inc.,  F.  Pritchard  &  Son  Inc.,  F.  S. 
Carr  Company,  F.  S.  Cheney  Lumber  Co.,  Inc.,  F.  W. 
Wunderlich  Inc.,  Fahey  &  Nolan's  Market,  Inc.,  Fairhaven 
Star,  Inc.,  The,  Fall  River  Motor  Mart,  Inc.,  Falmouth 
Airport  Corporation,  Farmers  Grain  &  Feed  Company, 
Farmington  Dairy,  Incorporated,  Farrell's,  Inc.,  Fay  Roope 


264  Acts,  1937. —Chap.  239. 

Associates  Inc.,  Fayston  Cafeteria  and  Lunch  Inc.,  Federal 
Bake  Shops  of  Massachusetts,  Inc.,  Federal  Fuel  Co.  Inc., 
Federal  Home  Development  Corporation,  Federal  Street 
Corporation,  Feely  Company,  Feldman  &  Company,  Inc., 
Feldman's  Restaurants,  Inc.,  Fellsway  Cheese  Co.  Inc., 
Felton  Turner  Heating  Co.  Inc.,  Fenway  Storage  Warehouse 
Co.  Inc.,  Fern  and  Poor  Company,  Fernald's  Exchange  In- 
corporated, Fiduciary  Shares,  Inc.,  Fielding  Sales  Corpora- 
tion, Finance  Corporation  of  New  England,  Financial  Serv- 
ice Inc.,  Fire  Alarm  Signal  Co.,  Fireman  Publishing 
Company,  The,  First  Bankers'  Union,  Inc.,  First  Permanent 
Exhibit,  Inc.,  Fitchburg  Concrete  Construction  Company, 
The,  Fitchburg  Electrical  Appliance  Co.,  Fitchburg  Horn 
Goods  Corporation,  Fitts  Bros.,  Inc.,  FitzGerald  Waters 
Co.  Inc.,  Fitzmaurice's  Tavern,  Inc.,  Flexion  Company, 
Flint  Ice  Company,  Inc.,  Fhnt  Mills  Realty  Corporation, 
Florence  Amusement  Association,  Incorporated,  Flye  Mo- 
tors, Inc.,  Fodale  Market  Inc.,  Fold-Well  Table  Co.  Inc., 
Food  Specialty  Company,  Ford  Dry  Cleaning  Company, 
Fore  River  Coal  Co.,  Forest  Hills  Wet  Wash,  Inc.,  Fournier 
Realty  Corporation,  Fowler-Smith,  Inc.,  Fox  &  Jensen 
Candy  Co.,  Fox  &  Warren,  Inc.,  Framingham  Kennel 
Club,  Inc.,  Francis  Willey  &  Co.  Inc.,  Franco  Mfg.  Co., 
Frank  A.  Bertsch  Lumber  Company,  Frank  H.  Densmore 
Co.,  Inc.,  Frank  P.  Crain  Drug  Co.,  Frank  W.  Foye  Com- 
pany, Franklin  Cloak  Co.,  Franklin  Motor  Company  of 
Worcester,  Inc.,  Franklin  Park  Theatre  Corp.,  Franklin 
Weaving  Co.,  Frazier-Murray,  Inc.,  Fred  G.  Leeman  Co., 
Fred  R.  Farwell  Company  Inc.,  Fredrick  A.  Durward  & 
Co.,  Inc.,  Freeman  Parlor  Furniture  Company,  Fresh  Pond 
Ice  Company,  Fuller's  Tavern,  Inc.,  Fulton  Beef  Co.,  Inc. 

G.  C.  Hudson  &  Company,  Incorporated,  G.  L.  Clift 
Company,  G.  R.  Willis  &  Co.  Inc.,  Galassi  Mosaic  &  Tile 
Co.,  Garden  City  Sand  &  Gravel  Co.,  Gateway  Hotel  Com- 
pany, Gay  Street  Garage,  Inc.,  Gem  Automotive  Corpora- 
tion, General  Automatic  Alarm  Corporation,  General  Build- 
ing Wrecking  Company,  General  Container  Corporation, 
General  Furniture  Corp.,  General  Glass  Corp.,  General 
Hotels  Company,  Inc.,  General  Plumbers'  Supply  Co.,  Gen- 
eral Products  Company,  General  Publishing  Corporation, 
General  Textiles,  Inc.,  Genstil  Shoe  Co.,  Inc.,  Geo.  H. 
Hadley  Co.,  Inc.,  George  H.  Morrill  Company  of  Califor- 
nia, George  H.  Priggen  Company,  Geo.  Knight  &  Co.,  Inc., 
George  Liberman  Co.,  George  Shoe  Company,  Inc.,  George 
W.  McNear,  Inc.,  Gibby  Foundry  Company,  Gilbert  E. 
Young,  Inc.,  Gilbert's  Beauty  Shop,  Inc.,  Giles  &  Spear, 
Incorporated,  Gillette  Pharmaceutical  Co.,  Gillis  Shoe  Com- 
pany, Inc.,  Glen  Farm,  Inc.,  Glendale  Pharmacy,  Inc., 
GHck  &  Robinson  Inc.,  Globe  Drug  Company,  Gloucester 
Cold  Storage  and  Warehouse  Company,  Glover  Construc- 
tion Co.,  Inc.,  Golden  Company,  Inc.,  The,  GoUis  Men's 
Shop,  Inc.,  Good-Feld  Company,  Goodale  Tire  Service,  Inc., 
Gordon  F.  Raymond  Co.,  Gordon-Gray  Corporation,  Gor- 


Acts,  1937.  —  Chap.  239.  265 

ham  Laboratories  Inc.,  Gorton-Pew  Fisheries  Company, 
Gorton-Pew  Vessels  Company,  Gotham  Automotive  Stores, 
Inc.,  Graham  and  Morton,  Incorporated,  Granite  Handbag 
Company,  Inc.,  Grantham  Kenyon  Inc.,  Granville  Bros. 
Aircraft,  Inc.,  Graves  &  Brown,  Inc.,  Greenfield  Floral  • 
Company,  Greycliff  Realty  Co.,  Inc.,  Greylock  Motor 
Company,  Inc.,  Griffin  Flooring  Company,  Guertin  Coal 
Company,  Inc.,  Guthrie  Corporation. 

H  &  C  Garage,  Inc.,  The,  H.  &  M.  Realty  Corporation, 
H.  D.  Foss  and  Company,  Inc.,  H.  L.  Stearns  Desk  Co.  Inc., 
H.  W.  Rust  Company,  Hadley  Growers'  Association,  Incor- 
porated, Halisey  Valve  Company,  Halpern  Shoe  Mfg.  Co., 
Inc.,  Hamilburg's  Restaurant,  Inc.,  Hampden  Amusement 
Enterprises  Inc.,  Hampden  County  Racing  Association,  Inc., 
Hampden  Motors,  Inc.,  Hampden  Pants  Co.,  Inc.,  Hams 
Lunch  Inc.,  Hancock  Service  Corporation,  Hande  Shoppe, 
Inc.,  The,  Hanflig-Rogers,  Inc.,  Harborview  Company,  Hard- 
ing Metal  Company,  Harding  Realty  Company,  Hardtcourt, 
Inc.,  Harpley  Industries,  Inc.,  Harrison  O.  Apthorp  Com- 
pany, Hart  Community  Hospital,  Inc.,  Hart  Glass  Corpo- 
ration, Harvard  Amusement  Co.,  Harvard  Oil  Co.,  Harvard 
Service  Station,  Inc.,  The,  Harvey  Tire  and  Rubber  Co., 
Inc.,  Hathaway  Baking  Company,  Hawes  Manufacturing 
Co.,  Inc.,  Hawthorne  Tanning  Co.,  Inc.,  Hayden's,  Inc., 
Haymarket  Grill  Inc.,  Health  Guild  &  Products,  Inc.,  Health- 
Mor,  Inc.,  Hebrew  National  Kosher  Provision  Co.,  Helvetia 
Oil  Sales  Corporation,  Henrj^  Shpetner  Sons  &  Co.,  Inc., 
Henry  W.  T.  Button  Hotel  Corporation,  Herald  Publishing 
Corporation,  Hersey  Hardware  Company,  Hesperus  Realty 
Company,  Hi- Yield  Process  Company,  Hicks,  Hirst,  Inc., 
Highland  Farms,  Inc.,  Hildreth  Granite  Company,  The, 
Hirshberg  Shoe  Company,  Inc.,  Hodges  Rubber  Company, 
Inc.,  Hodgson  Kennard  Manufacturing  Co.,  Holt's  Cafeteria, 
Incorporated,  Holvis  Manufacturing  Company,  Home 
Builders  Supply  Co.,  Inc.,  The,  Home  Circle  Stores  Essex 
County  Grocers'  Association  Inc.,  Home  City  Loan,  Inc., 
Home  Products  Co.,  Inc.,  Hook  and  Hastings  Company,  The, 
Home  Coal  Company,  Horse  Whip  Company,  The,  Hotel 
Somerset  Company,  Houghton  &  Button  Inc.,  Houghton 
Company,  Household  Finance  Corporation,  of  Massachu- 
setts, How-Mac  Corporation,  The,  Howard  Knitting  Mills, 
Inc.,  Howland  Trust,  Inc.,  Howlett  Company,  Hoyle-Torrey, 
Inc.,  Hub  Cycle  Realtj^  Company,  Hub  Oil  Burner  Equip- 
ment Co.,  Inc.,  Hub  Pharmacy,  Inc.,  Hub-Puritan  Celery 
Co.,  Inc.,  Hugh  Patrick  Kelly,  Inc.,  Humboldt  Motor  Car 
Company,  Huntington  Mills,  Inc.,  Hyannis  Auto  Sales  Co., 
Hygienic  Products  Corporation. 

I.  Lakin  Sherbet  Co,  Inc.,  I.  W.  Crozier,  Inc.,  I.  X.  L, 
Auto  Repair  Co.  Inc.,  Imperial  Oil  Company  of  Mass., 
Independent  Construction  &  Fencing  Co.,  Independent 
Fruit  &  Produce  Corp.,  India  Rubber  Goods  Stores,  Inc., 
Indian  Overall  Manufacturing  Co.,  Individual  Auto  Renting 
Company,  Industrial  Minerals  Corporation,  Industrial  Safety 


266  Acts,  1937.  —  Chap.  239. 

Corporation,  Ingalls  &  Yozell,  Inc.,  Ingham's  Inc.,  Insurance 
Research  Corporation,  International  Food  Company,  Inter- 
national Textile  Export  and  Research  Company,  Interna- 
tional Vocation  System,  Interstate  Freight  Bureau,  Inc., 
Ipswich  Building  Association,  Inc.,  Isla  Manufacturing  Com- 
pany Incorporated,  Italian  Wholesale  Grocery  Co. 

J.  A.  Bacon,  Inc.,  J.  A.  Singarella,  Inc.,  J.  C.  Silbert  Inc., 
J.  D.  Crosby  Company,  J.  E.  Carroll  Pharmacy,  Inc.,  J.  E. 
Swendeman,  Inc.,  J.  F.  Willett  Co.,  J.  H.  Peckham  &  Sons 
Inc.,  J.  Lipsitz  Iron  Co.,  J.  P.  Connolly  Company,  J.  Scotch 
Construction  Co.,  J.  Totten  &  Sons  Company,  Jackson, 
Miller  &  Wilde,  Inc.,  Jamaica  Plain  Building  Finish  Co., 
James  A.  Stretch  Co.,  Inc.,  James  E.  Watkins  Company, 
Inc.,  James  H.  Whelan  Company,  James  Sunderland  &  Son 
Company,  Jennings  Company,  Inc.,  The,  Jersey  Creamery 
Co.,  Inc.,  Jesse  Roberts  Company,  Inc.,  Joan  Plush  Mills, 
Inc.,  Joe  Mack's  Old  Timers,  Inc.,  John  Bright  Shoe  Stores 
Company,  John  E.  Cousens  Coal  Company,  The,  John  E. 
Murphy,  Inc.,  John  M.  Kerr  Productions,  Inc.,  John  N. 
Patriquin,  Inc.,  John  O'Shea,  Incorporated,  John  W.  Mur- 
ray, Inc.,  Johnson's  Dispatch  Co.,  Johnston  Auto  Body  Co., 
Inc.,  Johnston's  Bakery,  Inc.,  Jordan-Burnham  Coal  Com- 
pany, Joseph  E.  Downey  Co.,  Joslyn's  Cleansers  and  Dyers 
Inc.,  JuHan  S.  Jacobs  Corporation,  Justin  Realty  Co.,  Juve- 
nile Furniture  Manufacturing  Co. 

Kabley  Inc.,  Kadet  Compound  Company,  Kalix  Cup  Com- 
pany, Kansas  Mining  &  Royalty  Company,  Karl  Gennelly 
Company,  Karl  Patten,  Inc.,  Kaufman  Realty  Corp.,  Kaul- 
bach-Leith,  Inc.,  Kay  Maid  Dress  Co.,  Ke-Bond  Company, 
Incorporated,  Kennedy  Company,  The,  Kennel  Inc.,  The, 
Kenney-Kennedy  Realty  Company,  Kenoza  Country  Club, 
-  Inc.,  Kenpore,  Inc.,  Kenwyn  Holding  Co.,  Inc.,  Kiddie 
Klothes  Shop,  Inc.,  Kiely  Bros.  Inc.,  Killelea's  Pharmacy, 
Inc.,  King  &  Watson,  Inc.,  King  Phihp  Steamship  Company, 
Kirk  Brothers,  Inc.,  Kirk-Z wicker  Company,  Kirkwood 
Associates,  Inc.,  The,  Klarfeld  Electrical  Supply  Company, 
Knowlton's  Garage,  Inc.,  Koerner  &  Mitchell  Company, 
Koreum  Leather  Company,  Korite,  Inc.,  Koster  Construc- 
tion Company,  Inc.,  Kravetz  Trucking,  Inc. 

L.  A.  Laporte  Auto  Schools  System,  Incorporated,  The, 
L.  &  G.  Co.  Inc.,  L  &  L  Sales  Inc.,  The,  L.  Christiansen  Co., 
L.  H.  Hay  ward.  Inc.,  L.  L.  McMaster  Company,  L.  P.  Stores, 
Inc.,  L.  Q.  White  Shoe  Company,  Lace  Shop  Inc.,  The,  Lady 
Friend  Inc.,  Lae  Trading  Corporation,  Lake  Quinsigamond 
Hi-Hat,  Inc.,  Lake  WilUams  Ice  Company,  The,  Lamson's, 
Inc.,  Landers'  Lunch  Inc.,  Landon  Farms,  Inc.,  Lane  Drug 
Co.,  Lane  Produce  Company,  Lane's  Inc.,  Lang  Motor  Co., 
Larchar  &  Branch,  Inc.,  Larkin  Engineering  Corporation, 
Larry  Gering,  Inc.  of  Massachusetts,  Lasher- Weeber  Com- 
pany, Lawler  Brothers  Amusement  Company,  Lawler 
Brothers  Outdoor  Advertising  Company,  Lawrence  Corpo- 
ration, Lawrence  Industries  Corporation,  Layton  Optical 
Company,  Inc.,  Leach  Master  Service  Inc.,  Leahy  Company, 


Acts,  1937.  —  Chap.  239.  267 

The,  Leathertogs  Company,  Lebanon  Corporation,  Lecoutre 
Corset  Corporation,  Lee  Hotel  Company,  Lee  Shoe  Com- 
pany, Inc.,  Lee's  Diamond  Company,  Lee's  Restaurant,  Inc., 
Lenhoff  &  Co.  Inc.,  Lenox  Company,  Inc.,  Lerner  Dress 
Manufacturing  Company,  Lewis  Automotive  Equipment 
Company,  Lewis-Cleaners  &  Dyers,  Inc.  of  Worcester, 
Lewis  F.  Small,  Incorporated,  Life  Insurance  Advisory  Serv- 
ice of  America,  Inc.,  Lincoln  Co.,  The,  Lincoln  Tavern, 
Inc.,  Litchfield  Linoplate  Co.,  Litchfield's  Express,  Incorpo- 
rated, Litehouse  Lunches,  Inc.  Store  No.  1,  Little  Harbour 
Corporation  in  Marblehead,  The,  Litvin  Inc.,  Livingstone, 
Inc.,  Log  Cabin  Tap  Inc.,  The,  London  Shoe  &  Leather  Co., 
Inc.,  Long  Machinery  Corporation,  Longmeadow  Plank 
Road,  Lorraine  Diner,  Incorporated,  Louis  Bourneuf  Corpo- 
ration, Louis  Hurwitz  Co.  Inc.,  Louis  Levin  &  Son,  Inc., 
Louis  Wood  Heel  Company,  Lunar,  Inc.,  Luncheonette,  Inc., 
The,  Lynn  Beach  Garage  Co.,  Lynn  Commercial  Realty  Co., 
Lynn  Housing  Corporation,  Lynn  Mill  Dam,  Proprietors  of 
the,  Lynncraft  Shoe  Company,  Lynwood  Dairies,  Inc. 

M.  &  M.  Showboat,  Inc.,  M.  C.  McKinstry  Lumber 
Company,  M.  Maloney  Company,  M.  Obst  &  Co.,  Inc., 
MacDonald  Fish  Corporation,  Macken  Bros.,  Inc.,  Made 
Rite  Ice  Cream  Co.,  Inc.,  Made-Well  Shoe  Co.,  MagnoHa 
Pharmacy,  Inc.,  Magoun  Square  Chevrolet  Inc.,  Maine 
Firewood  Company,  Inc.,  Majestic  Development  Corpora- 
tion, Majestic  Operating  Company,  Maiden  Ice  Cream 
Company,  Maiden  Motor  Company,  Malone  Finance  and 
Acceptance  Corporation,  Manhattan  Company,  Mann  In- 
strument Company,  Mansfield  Paint  &  Varnish  Co.  Inc., 
Mansfield-Sullivan  Wood  Heel  Co.,  Manufacturers  Com- 
munity Mortgage  Loan  Corporation,  Maple  Corporation, 
The,  Marad  Amusement  Corporation,  Marana  Wood  Heel 
Co.,  Inc.,  Marblehead  Motor  Co.,  Marblehead  Tavern 
Company,  Marbleridge  Grain  Company,  Maria  &  Bohlman 
Company,  Maricopa  Gold  Mines,  Inc.,  Marie  Swaim,  In- 
corporated, Marion  Mining  Company,  The,  Marion  Ware- 
housing Company,  Market  Outlet  Corporation,  Marr  Liquor 
Company,  Marshall  Machine  &  Baking  Company,  Marston 
Coal  Company,  Martin-Forbes,  Inc.,  Martin's  Express  Co., 
Mary  E.  Moore,  Incorporated,  Mary  J.  Farrell,  Incorpo- 
rated, Mashapog  Turnpike  Corporation,  Mason's  Wildu 
Corporation,  Massachusetts  Advertising  School,  Inc.,  Mas- 
sachusetts Beverage  Co.  Inc.,  Mass.  Building  Finish  Co., 
Inc.,  Massachusetts  Chocolate  Company,  Massachusetts 
Co-operative  Dairies,  Inc.,  Massachusetts  Drive-In  Thea- 
tres, Inc.,  The,  Massachusetts  Electric  Dredge  Co.,  Massa- 
chusetts Racing  Association,  Inc.,  Massachusetts  Radio 
Distributing  Company,  Massachusetts  Security  Corpora- 
tion, Masse  Bros.  Inc.,  Matheson  Vail  Company,  The, 
Mattapan  Finance  Corporation,  Matteson  Mills  Inc.,  Mau- 
rice Block  Shoe  Co.,  Inc.,  Max  Marcuson  &  Sons,  Inc., 
Mayflower  Airlines,  Incorporated,  Mayflower  Mortgage  and 
Investment  Corporation,  Mayflower  Upholstering  Co.,  Inc., 


268  Acts,  1937.  —  Chap.  239. 

McBride's  Inc.,  McGuire-Hennessy,  Inc.,  McGuirk  Dris- 
coU  Building  Company,  McKesson-Eastern  Drug  Company, 
McKesson-Springfield  Drug  Company,  Meaney  &  Urpin, 
Inc.,  Medford  Ice  Company,  Medford  Reo  Co.,  Mello 
Bakeries,  Inc.,  Mellon  Corporation,  The,  Mellyn-Stevens 
Co.  Inc.,  Mendelsohn  Co.,  Inc.,  Merchandisers  Inc.,  Mer- 
chants' Forwarding  Terminals  Co.  of  Massachusetts,  Mer- 
chants Hand  Bag  Manufacturing  Co.,  Inc.,  Merchants  Law 
Exchange,  Inc.,  The,  Merchants-Leavitt  Shoe  Corp.,  Mer- 
chants Mortgage  Co.,  Merit  Shoe  Company  of  Lynn, 
Merkin,  Inc.,  Merrick  Dry  Cleansing  Co.,  Methuen  Manu- 
facturers Mortgage  Loan  Company,  Methuen  Theatre 
Company,  Metro  Auto  Park,  Inc.,  Metro  Shoe  Company, 
Metropolitan  Furniture  Company  of  Boston,  Metropolitan 
Kennel  Club,  Inc.,  Metropolitan  Marine  &  Fuel  Company, 
Metropolitan  Markets,  Inc.,  Metropohtan  Service  Garages, 
Inc.,  Metz  Equipment  Sales  Co.  Inc.,  Middle  Meadows, 
Inc.,  Middlesex  Associates  Inc.,  Middlesex  Auto  Body  and 
Sales  Corporation,  The,  Middlesex  Theatres,  Inc.,  Mil-Tex 
Airways  Inc.,  Miladj''  Beauty  Salon,  Inc.,  Milan  Silk  Mills 
Inc.,  Mildred  Shoes,  Inc..  Milford  Traprock  Corp.,  Milgrim, 
Inc.,  Milhender  Inc.,  Miller  &  Hilliard  Shoe  Co.,  Miller  Tire 
Company,  The,  Miller's  and  Co.  Inc.,  Milton  Public  Market, 
Inc.,  Milton  S.  Spies,  Inc.,  Min-Tor  Corporation,  The,  Min- 
ute Man  Alarm  Corporation,  Minute  Man  Publishing  Com- 
pany, Minute  Man  Sand  &  Gravel  Co.,  The,  Miracle  Laundry, 
Inc.,  Miracle  Table  Corporation,  Mitchell  Granite  Polishing 
Co.,  Inc.,  Mitchell  School  Inc.,  Modern  Shoe  Company, 
Monarch  Laundry,  Inc.,  Mono-Crete  Company,  Monroe's 
Diner,  Inc.,  Montana's,  Inc.,  Montgomery  von  Goehde  Co., 
Moquin  &  Fontaine  Company,  Morem  Co.,  Morocco  Choco- 
late Co.  Inc.,  Morocco  Confectionery  Corporation,  Morrill 
and  Webster  Inc.,  Morris  Express,  Inc.,  Morton  Arena,  Inc., 
Motor  Express  Agency,  Inc.,  Motor  Transport  Advertising, 
Inc.,  Mount  Hope  Realty  Corporation,  Mower  Counter 
Company,  Municipal  Securities  Service  Inc.,  Murdock 
Damper  &,  Bronze  Co.,  The,  Murphy  Hardware  Company, 
Inc.,  Murray's  Lunch  Inc.,  Musicians  Supply  Company, 
Mutual  Business  Association,  Inc.,  Mutual  Securities  Co., 
Myles  Standish  Nursery  Co.,  Inc.,  Mystic  Valley  Mortgage 
Company. 

N.  A.  Sherman,  Inc.,  N.  Rommelf anger.  Inc.,  Naco  Sales 
Co.,  Inc.,  Nagel  Battery  &  Electric  Co.,  Nan's  Kitchens  Inc., 
Nantasket  Beach  Steamboat  Company,  Naox  Company, 
Nash  Motor  Sales,  Inc.,  Nash  Quincy  Corporation,  Nashua 
Sure-Hold  Company,  Nathan  Goldsmith  Motors,  Inc., 
Natick-Wellesley  Airport  Corporation,  National  Advertising 
Corporation,  National  Construction  Company,  Inc.,  Na- 
tional Film  Corp.,  National  Heel  Co.,  Inc.,  National  Home 
Construction  Co.,  National  Home  Improvement  Corporation, 
National  Interchange  Credit  Board,  Inc.  (1933),  National 
Manufacturers  Service,  Inc.,  National  Package  Delivery 
Corporation,  National  Power  Brake  Co.,  National  Research 


Acts,  1937. —Chap.  239.  269 

Company,  National  Service  Realty  Co.,  National  Thermo- 
graphic Products,  Inc.,  Naugel  Process  Company,  Incorpo- 
rated, The,  Needham  Plumbing  and  Heating  Company,  Inc., 
Neod  Products  Incorporated,  Neptune  Realty  Company, 
Netoco  Bellevue  Theatre,  Inc.,  Netoco  Community  Theatre 
of  North  Attleboro,  Inc.,  Netoco  Embassy  Theatre,  Inc., 
Netoco  Marlboro  Theatre,  Inc.,  Netoco  Wollaston  Theatre, 
Inc.,  New  Bedford  Battery  Company  Inc.,  New  Bedford 
Professional  Baseball  Club,  Inc.,  New  Bedford  Silk  Mills, 
Inc.,  New  Century  Cafeteria,  Inc.,  New  Deal  Cleansers  & 
Dyers,  Inc.,  New  England  Auto  Body  Corporation,  New 
England  Bagwood  Company,  New  England  Bond  and  Mort- 
gage Company,  New  England  Consolidated  Coal  Company, 
New  England  Contracting  Co.,  Inc.,  New  England  Counter 
Company,  Inc.,  New  England  Craftsman,  New  England 
Distributing  Company,  New  England  Dressed  Meat  &  Wool 
Company,  New  England  Homes,  Incorporated,  New  Eng- 
land Industries,  Inc.,  New  England  Note  Company,  Inc., 
The,  New  England-Overseas  Corporation,  New  England 
Parlor  Frame  Manufacturers  Association,  Inc.,  New  England 
Petroleum,  Incorporated,  New  England  Poster  Service,  Inc., 
New  England  Power  Engineering  &  Service  Corporation, 
New  England  Publicity  Associates,  Inc.,  New  England  Sal- 
vage Corporation,  New  England  Shoe  Mfg.  Co.,  Inc.,  New 
England  Specialty  Manufacturing  Co.  Inc.,  New  England 
Sterling  Realty  Corporation,  New  England  Stores,  Inc., 
New  England  Trunk  Co.,  New  England  Yarns  Inc.,  New 
Hampshire  Grazing  Company,  The,  New  Home  Washing 
Machine  Co.,  New  Idria  Quicksilver  Mines,  Inc.,  New 
Novelty  Corp.,  The,  New  Palais  D'Or,  Inc.,  New  Park  Hotel 
Corporation,  New  Park  Lunch,  Inc.,  New  White  Paint  Cor- 
poration, New  York  and  Boston  Dispatch,  Inc.,  New  York 
Clothes  Shops,  Inc.,  New  York  Wall  Paper  Co.,  Inc.,  New- 
burgh-Dritsas  Shoe  Co.,  Inc.,  Newbur^'port  Markets,  In- 
corporated, Newhouse  Motor  Trans.,  Inc.,  Newton  Centre 
Ice  Cream  Inc.,  Newton  Fuel  Company,  Newton  Ice  Com- 
pany, Newton  Pubhshing  Company,  The,  Nibble,  Inc., 
Nicaragua  Oil  Inc.,  Nicholson,  Ferris  &  Sheehy,  Inc.,  Nicker- 
sons'  Wharf  Company  (1860),  Nickerson's  Wharf  Company 
(1870),  Nip  Inc.,  The,  No-Flatz  Distributing  Co.,  Inc.,  The, 
Nobby  Men's  Shop,  Inc.,  Noble's  Milk,  Inc.,  Nonantum 
Hotel  Company,  Nonantum  Investment  Company,  Norfolk 
and  Middlesex  Turnpike  Corporation,  Norfolk  Builders 
Supply  Co.,  Inc.,  Norfolk  Construction  Company,  Inc., 
Norma,  Inc.,  Norris  Drug  Co.  Inc.,  North  American  Chemi- 
cal Company,  North  American  Steamship  Co.,  Inc.,  The, 
North  Amherst  Garage  Co.  Inc.,  North  Attleborough  Hotel 
Company,  North  Branch  Turnpike  Corporation,  The,  North 
Shore  Automotive  Marine,  Inc.,  North  Shore  Holding  Com- 
pany, North  Truro  Cold  Storage  Co.,  North  Union  Drug 
Company,  Northboro  Holding  Co.,  Inc.,  The,  Northeastern 
Express  Inc.,  Northeastern  Fire  Loss  Adjusters,  Inc.,  North- 
eastern Furniture  Sales  Corporation,  Northeastern  Ice  Com- 


270  Acts,  1937.  —  Chap.  239. 

pany,  Northeastern  Importing  Co.,  Norwood  Clothing 
Company,  Inc.,  Norwood  Motors  Incorporated,  Novelcraft 
Company,  Novelty  Manufacturing  Company  Incorporated, 
Novelty  Products  Company,  Novelty  Shoe  Shops,  Inc., 
Nowell  Associates,  Inc.,  Nu-Art  Pattern  Co.  Inc.,  Nu-Tex 
Corporation,  Numpad  Incorporated,  Nutter's  Sj^stem  In- 
corporated. 

O.  P.  Blomquist  Co.,  Oak  Shoe  Corporation,  Oak  Tavern, 
Inc.,  Oakland  Company,  O'Brien  Bros.  Co.,  Ocean  View 
Amusement  Company,  Odd  Fellows  Associates,  Inc.,  O'Don- 
nell  Company,  Inc.,  The,  Old  Colony  and  Interior  Canal 
Company,  Old  Colony  Coal  &  Wharf  Co.,  Inc.,  Old  Colony 
Finance  Corporation,  Old  Colony  Oil  Company,  Old  Colony 
Silk  Mills  Corporation,  Old  King  Cole,  Inc.,  Olga  Coal 
Corporation,  Oliver  Ditson  Company,  Inc.,  Olney  Motors, 
Inc.,  129  Stuart  Street  Inc.,  O'Neill  Trucking  Company 
Inc.,  Onota  Lake  Association,  Inc.,  Orange  Grove,  Inc., 
The,  Organization  Service  Co.,  Inc.,  Orient  Garden  Theatre, 
Inc.,  Oriental  Buffet  Lunch,  Inc.,  Original  Fence  Erecting 
Company,  The,  Orthomec  Incorporated,  Osgood  &  Wendell, 
Inc.,  Oso-Clean  Products  Inc.,  Outlook  Bureau,  Incorpo- 
rated, Ovington  Company,  Oxford  Innersole  Co.  Inc. 

P  &  Q  Shop  of  Springfield,  Mass.,  Inc.,  P  &  S  Construc- 
tion Co.  Inc.,  P.  &  S.  Corporation,  P.  H.  Graham  &  Sons 
Company  (Incorporated),  Pacific  Shoe  Co.  Inc.,  Package 
Paper  Company,  Packard  Motor  Car  Company  of  Boston, 
Packard  Paper  Box  Company,  Packers  Outlet,  Inc.,  Paint- 
craft,  Inc.,  Paisner  &  Batchelder,  Inc.,  Palais  Royal,  Inc., 
Palmer  Cam  Engine  Corporation,  Palo  Process  Company, 
Palo  Products  Company,  Palo  Sales  Company,  Palo  Verde 
Fruit  Company,  Paradise  Tea  Shop,  Inc.,  Paramount  Cone 
Company,  Inc.,  Paramount  Undergarment  Co.  Inc.,  Par- 
fums  Lionceau  Inc.,  Pari-Mutuels  Whippet  Club,  Inc.,  The, 
Paris  Dry  Cleaners,  Inc.,  Park  Edge  Realty,  Inc.,  Park  Lane 
Grill,  Inc.,  Park  Square  Lunch  Inc.,  Parker  Associates,  In- 
corporated, Parkway  Inn,  Inc.,  Parkway  Range  Oil  &  Ice, 
Inc.,  Parrish  &  Kellogg  Co.,  Inc.,  The,  Pastime  Theatre  Cor- 
poration, Paul-McCourt  Co.  Inc.,  The,  Paul's,  Inc.,  Pawley 
Chemical  Company,  Inc.,  Payton  Street  Corporation,  The, 
Peabody  Motors,  Inc.,  Pearson-Hall,  Inc.,  Pelton  Knitting 
Mills,  Inc.,  Pemberton  House  Inn,  Inc.,  Pepperell  Card  and 
Paper  Company,  The,  Pequit  Brook  Meadows,  The  Proprie- 
tors of,  Perfection  Laundry  Corporation,  Perfection  Process 
Corporation,  Persons-Mayell  Co.,  Peter  F.  Connolly  Co., 
Peter  Salte  Stores,  Inc.,  Petersham  and  Monson  Turnpike 
Corporation,  The,  Peterson  Tanning  Company,  Petri  and 
Jones  Company,  Incorporated,  Petrolene  Company  of  Mas- 
sachusetts, Petroleum  Products  Company,  Inc.,  Phihp  At- 
water.  Inc.,  Philip  D.  Powers,  Incorporated,  Phihp's  De- 
partment Store,  Inc.,  Philrand,  Incorporated,  Philwin  Shoe 
Co.,  Inc.,  Phinney  Electrical  Company,  Photo-Electric  In- 
ternational Corporation,  Physical  Culture  Bedding  Com- 
pany, Inc.,  Piccadilly  Company,  The,  Picker  Stick  Corpo- 


Acts,  1937. —Chap.  239.  271 

ration  of  America,  Pickering  Brothers,  Inc.,  Pierce  Jones 
Co.,  Pierce's  Bakery,  Inc.,  Pierre  Cleanser  Co.,  Inc.,  Pigeon 
Boat  Company,  Pigeon  Cove  Pier  Company,  Pinkham  Press, 
Piper-Gustin  Corporation,  Pittsfield  Mortgage  Co.,  Inc., 
Pittsfield  Rj^e  Bakery,  Inc.,  Plain  Swamp  Brook  Meadows, 
Proprietors  of.  Pleasant  Hill  Bridge,  Proprietors  of  the, 
Pleasant  Realty  Company,  The,  Plumbing  Service  Com- 
pany, The,  Plymouth  County  Kennel  Club,  Inc.,  Plymouth 
Marine  Railway  Company,  Pneu  Way  Tools,  Inc.,  Point 
Bridge  Company  (1832),  Point  Bridge  Company  (1847), 
Policyholders  Analytical  Service,  Inc.,  Polish  Weekly  Re- 
view, Inc.,  Pompey  Company,  Inc.,  Pon-Wah  Camps,  Inc., 
Popoh  Hardware  Co.,  Inc.,  Pop's  Lunch,  Inc.,  Portalite 
Company,  The,  Porter  Cheese  Company,  Posture  Founda- 
tion, Inc.,  Potolski's,  Inc.,  Potolski's  Woman's  Shop,  Inc., 
Power  Co.,  The,  Pratt  Motors,  Inc.,  Preferred  Baking  Com- 
pany, Inc.,  Premier  Silk  Mills  Corporation,  Premier  Wood 
Heel  Co.,  Prescott  Power  Co.,  Press  Seal  Box  Company, 
Princess  Operating  Corp.,  Prior  &  Townsend,  Incorporated, 
Priscilla  Sears  Confectionery  Company,  Probst  Company 
Inc.,  The,  Products  Incorporated,  Progress  Realty  Corpora- 
tion, Progressive  Realty  Associates,  Inc.,  Progressive  Shoe 
Co.,  Inc.,  Pro-phy-lac-tic  Brush  Company,  Prospect  Express 
Company,  Prospect  Finance  Corporation,  Providence  and 
Bristol  Turnpike  Corporation,  Publishers,  Inc.,  Publix  Bargain 
Store,  Inc.,  Pulson  Oil  Burner  Company,  Pure  Ice  Company, 
Puritan  Fisheries,  Inc.,  Puritan  Petroleum  Company,  Pyor- 
rochrome  Chemical  Company,  Pyramid  Shoe  Company,  Inc. 

Quimby-Blakely  Co.,  Quincy  Insurance  Agency,  Inc., 
Quincy  Yellow  Cab  Company,  Inc.,  Quinsigamond  House, 
Proprietors  of  the. 

R  &  E  Realty  Corporation,  R.  &  G.  Neckwear  Com- 
pany Inc.,  R.  D.  A.  Realty  Company,  R.  D.  Row,  Inc., 
R.  H.  Tait,  Inc.,  R.  J.  St.  Armand,  Inc.,  R.  K.  Abbott, 
Inc.,  R.  K.  Realty  Co.,  R.  S.  Bauer  Company,  The,  R.  W. 
Powers  ]\Iotor  Company,  Radio  Transportation  Company, 
Inc.,  Rae  Amusements  Inc.,  Ragfair  Incorporated,  Raljo 
Laboratories,  Inc.,  Ramey  &  Burno  Company,  Rand  Sandals, 
Inc.,  Randolph  Fireworks  Manufacturing  and  Display  Co. 
Inc.,  Ranlett  Grocery  Company,  The,  Rapids  Furniture 
Company,  Inc.,  The  (1919),  Rapids  Warehouse,  Inc.,  Ray 
Investment,  Inc.,  Real  Estate  and  Building  Company,  Re- 
claimed Rubber  Products  Co.,  Recreation  Land  Co.,  Inc., 
Red  Owl  Stores,  Inc.,  The,  Refiners  Marketing  Co.,  Reflecto- 
graph  Corporation,  The,  Refrigerating  Engineering  Com- 
pany, Inc.,  Refrigeration  Service  Co.,  Regal  Apparel  Co., 
Regent  Theatre,  Inc.,  Reliance  Insurance  Agency,  Inc., 
Rema-dys,  Inc.,  Retail  Credit  Association  of  Lowell,  Inc., 
Rex  Automotive  Service,  Inc.,  Richardson-Bennett  Lumber 
Company,  Richardson  Piano  Case  Co.,  Richfield  Oil  Cor- 
poration of  Massachusetts,  Richman  Brothers  Company, 
The,  Richman  Motor  Line,  Inc.,  Rickshaw,  Inc.,  Riel  Trans- 
portation Co.,  River  Woolen  Mills,  Inc.,  Riverdale  Home 


272  Acts,  1937.  —  Chap.  239. 

Laundry,  Inc.,  Riverside  Associates,  Inc.,  Riverside  Co- 
operative Association  of  Maynard,  Robbins  and  Smith  Inc., 
Robbins-Phalon  Company,  Robert  Crocket  Inc.,  Robert 
Groves  Fern  Co.,  Inc.,  Roberts  Chemical  Co.,  Inc.,  Roberts 
Specialty  Manufacturing  Company,  Inc.,  The,  Robie  Auto- 
motive Engineering  Corporation,  Robinson  Automatic  Oil 
Burners,  Inc.,  Rockland  Wood  Heel  Co.,  Rogers-Dede  Co., 
Roller-Bearing  Screen  Co.  Inc.,  Rollins  Candy  Shops,  Inc., 
Roman  Gardens,  Inc.,  Romex  Laboratories,  Inc.,  Ronald 
Inn,  Inc.,  The,  Rosebud  Dining  Room  Co.  Inc.,  Rosenberg's, 
Inc.,  Roslindale  Operating  Corp.,  Roslindale  Rialto  Theatre, 
Inc.,  Ross  Investment  Corporation,  Rossmore  Hotel  Co, 
Inc.,  Rotor  Table  Amusement  Corporation,  Roxbury  Cafe- 
teria, Inc.,  The,  Roy  A.  Means  Company  Incorporated, 
Royal  Bed  Spring  Company,  Incorporated,  Royal  Hat  & 
Cap  Co.,  Inc.,  Royal  Lounge  Company,  Royal  Wineries, 
Inc.,  Rudolph  Wurhtzer  Company  of  Mass.,  The,  Ruggles 
Drug  Co.,  Ruggles  Park  Motor  Service,  Inc.,  Ruggles  White 
Pine  Co.,  Inc.,  Rutland,  Inc. 

S.  &  W.  Market,  Inc.,  S.  F.  Porter  Co.,  S.  G.  A.  Service 
Company,  S.  G.  Simons  &  Co.  Inc.,  S.  L.  Burr  Company, 
S.  Rosenberg  &  Son,  Inc.,  S.  Slater  &  Sons,  Inc.,  Sachs- 
Karon  Company,  Inc.,  Safe  T  Corporation,  Sagamore  Real 
Estate  Trust,  Inc.,  Salem- Akron  Tire  Company,  Inc.,  Salem 
Sun,  Inc.,  Sales  Promoting  Corporation,  Inc.,  Salisbury 
Gables  Development  Company,  Salsterol  Laboratories  Inc., 
Samson  Die  Company,  Inc.,  Samuel  M.  Gertman,  Inc., 
Samuel  Scott,  Inc.,  Sanborn,  Inc.,  Sanderson  Motor  Sales, 
Inc.,  Sanitary  Launderers,  Dyers  &  Cleansers,  Inc.,  The, 
Saraline  Realty  &  Decorating  Co.  Inc.,  Savoy  Amusement 
Co.,  Schervee  Studios,  Inc.,  Schooner  America,  Inc.,  Schooner 
Gertrude  L.  Thebaud,  Incorporated,  Schooner  Paolina,  Inc., 
Schooner  St.  Peter,  Inc.,  Scituate  Chlorinating  Company, 
Inc.,  Scollay  Square  Lunch,  Inc.,  The,  Scott  Distributing  Co., 
Inc.,  Scott's  Laundry  Co.,  Seaboard  Freight  Lines,  Inc.,  Seal 
Square  Bakeries,  Incorporated,  Sealing  Tape  Corporation, 
Security  Finance  Corporation,  Security  Leathercraft  Cor- 
poration, Selected  Investments,  Inc.,  Selective  Pictures, 
Inc.,  Selectron  Corporation,  Seppala  Granite  Company,  Inc., 
Service  Station  Maintenance  Company,  Sewall  Cabot  Asso- 
ciates, Inc.,  Sharon  Pavihon,  Inc.,  Shaw  Motors,  Inc., 
Sheehan  Furniture  Company,  Inc.,  Sheeline  Frost  Company, 
Sheldon  Co.,  Inc.,  The,  Sheldon  Hdwe.  Co.  Inc.,  The, 
Shepard  Wood  Heel  Co.,  Sherrill  Press  Incorporated,  The, 
Sherry's,  Inc.,  Sherwood,  Inc.,  Shields  Patents,  Incorporated, 
Shirley  Realty  Corporation,  Shooshan  Restaurant  Co.  Inc., 
Short  Line  Associates,  Inc.,  The,  Short  Line,.  Inc.  of  Mass., 
The,  Shovelton  Drive- Yourself  Auto  Renting  Station,  Inc., 
Shu-Like  Mfg.  Co.,  Inc.,  Simonds  File  Co.,  Simone  &  Co., 
Inc.,  Slater  Realty  Company,  Small,  Denham  Company, 
Smalley  &  Co.,  Incorporated,  Smith  Associates,  Inc.,  Smith 
Tire  Co.,  Inc.,  Snyders  Wood  Heel  Co.,  Inc.,  Somerset 
Cleansers,    Inc.,    Somerset    Farms    Creamery    Company, 


Acts,  1937.  —  Chap.  239.  273 

Somerset  Motor  Mart,  Inc.,  Somerville  Toggery  Shop,  Inc., 
The,  South  Station  Theatre  Co.,  South  Street  Greenhouses, 
Inc.,  Spalding  Dry  Goods  Company,  Speedometer  Repair 
Co.,  Inc.,  Spencer  Aircraft  Engine  Inc.,  Spencer  Wire  Com- 
pany, Spidle,  Madsen  Inc.,  Sprague,  Bates,  Place  Company, 
Spring  Brook  Ice  Company,  Springfield  Air  Racing  Associa- 
tion, Inc.,  Springfield  Auto  Parts  Co.  Inc.,  Springfield 
Blanket  Company,  Inc.,  Springfield  Electrical  Specialties, 
Inc.,  Springfield  Glazed  Paper  Company,  The,  Springfield 
Motor  Lines,  Inc.,  Springfield  Promoting  Company,  Inc., 
Springfield  Webbing  Company,  Springland  Realty  Corpora- 
tion, Stack  Construction  Company,  Stafford  Mills,  Stafford 
Venetian  Bhnd  Co.  Inc.,  Stainless  Products  Company. 
Stakolite,  Incorporated,  StalHngs'  Dept.  Stores,  Inc.,  Stand- 
ard Ball  Player  Corporation,  Standard  Concrete  Block  Com- 
pany, Inc.,  Standard  Investors  Service  of  New  England, 
Inc.,  Standard  Products  Corporation,  Standard  Weaving 
Co.,  Inc.,  The,  Standish  Clothing  Co.  Inc.,  Stanley,  Harlow 
Chevrolet  Corporation,  State  Amusement  Company,  State 
Garage,  Incorporated,  State  Supply  Company,  Stedman 
Rubber  Flooring  Company,  Steel  Specialties  Company, 
Stelbar  Realty  Corp.,  Sterling  FiUing  Stations,  Inc.,  Sterhng, 
Inc.,  Sterhng  Motor  Truck  Sales  Corp.  of  N.  E.,  Sterling 
Printer's  Supply  Co.,  Stevens  Gas  and  Oil  Company,  Stevens 
of  Salem,  Inc.,  Stewart  and  Scobbie  Inc.,  Stimpson  Paper 
Company,  Inc.,  Stock  and  Bond  Loan  Corporation,  Stone 
and  Taylor,  Inc.,  Stoneham  Shoe  Company,  Inc.,  Stoner- 
Ames  Brake  Co.,  Inc.,  Stott  Printing  Company,  Stowe  and 
Woodward  Company,  Strand  Theatre  Co.  of  Quincy,  Strand 
Theatres  Corporation,  Streeter  &  Sons  Co.,  Stuart  Radio 
Corporation,  Student  Service,  Inc.,  Stutmark,  Inc.,  Sudbury 
Arms,  Inc.,  Suffolk  Kennel  Club  Incorporated,  Suffolk- 
Norfolk  Realty  Corporation,  Sultan  Linens,  Inc.,  Summer 
Street  Yacht  Basin  Inc.,  Sunbeam  Markets,  Inc.,  Sunny 
Orchard  Products,  Inc.,  Sunset  Gables  Corporation,  Sun- 
shine Oil  Co.,  Super  Tire-Treading  Corp.,  Superair  Condi- 
tioning Corporation,  Superb  Dress  Corp.,  Superior  Market, 
Inc.,  Superior  Spring  Company,  Superior  Tailoring,  Clean- 
ing and  Dyeing  Company,  Supreme  Novelty  Company, 
Inc.,  Supreme  Service  Stores,  Inc.,  Svenson  Engineering 
Corp.,  Sweet's  Drug  Stores  Inc.,  Sycamore  Farm,  Inc.,  The. 
T  &  T  Dress  Company,  Inc.,  T.  P.  Blake  &  Brother,  Inc. 
(1933),  T.  Shea,  Incorporated,  Taft  Woolen  Company,  Tait 
Motor  Sales,  Inc.,  Talbot  Avenue  Garage  Co.,  Talbot-Seeley 
Company,  Tally-Ho  Grill,  Inc.,  Tanman  Company,  Inc., 
The,  Tanners'  Service  Corporation,  Tavel  Dress  Company, 
Tech.  Motor  Parts  Company,  Teel  Manufacturing  Company, 
Incorporated,  Templeton  Brothers  Inc.,  Tennessee  Eastern 
Power  Company,  Terminal  Theatre  Co.,  Textile  Cork  Roll 
Company,  Textile  Overall  Corporation,  Thayer,  Bradley 
Company,  The,  Theatre  Leaseholds,  Inc.,  Theatre  Oper- 
ating Company  of  Springfield,  Thomas  F.  Wilson,  Inc., 
Thomas  J.  Flynn  &  Co.,  Inc.,  Thos.  P.  Nichols  and  Son 


274  Acts,  1937. —Chap.  239. 

Company,  Thorne  Motors,  Incorporated,  Three  Hundred 
Nine  Moody  Street,  Inc.,  Tinter  Shoe  Co.  Inc.,  Title  Com- 
pany, The,  Torrey  Furniture  Company,  Inc.,  Torrey- Warren 
Furniture  Co.,  Tougas  Inc.,  Tower  Manufacturing  Corpo- 
ration (1924),  Townsend  Company,  The,  Traders  Export 
Company,  Traders,  Inc.,  Trading  Post  Incorporated,  The, 
Tremont  Bakery  Inc.,  Tremont  Cafeteria,  Inc.,  Tribuna 
Magri  Company,  Trident  Silk  Sponge  Company,  Trimount 
Construction  Company,  Trimount  Oil  Company,  Truman 
G.  Edwards  &  Son,  Inc.,  Tubal  Petroleum  Company,  Twen- 
tieth Century  Sport  Wear  Company,  Twenty-Four  Federal 
Street  Corporation. 

U-Roll  Corporation,  Union  Coal,  Ice  and  Grain  Company, 
Union  Equipment  Corporation,  Union  Fruit  &  Produce  Co., 
Union  Fuel  Company,  Union  Lobster  Corporation,  Union 
Market,  Inc.,  Union  Mortgage  Company,  Union  Parlor 
Furniture  Corp.,  Union  Products,  Inc.,  Union  Provision 
Company,  Inc.,  United  Audit  Service,  Inc.,  United  Bag 
Company,  The,  United  Cork  Companies,  United  Fishing 
Corporation,  United  Plastics,  Inc.,  United  Products  Com- 
pany, Inc.,  United  Sail  Loft  Company,  L^nited  Sportwear 
Company,  Inc.,  United  States  Luggage  Corporation,  United 
States  Machine  Gun  Company,  United  States  Trust  Securi- 
ties Corporation,  Unity  Loan  &  Finance  Corp.,  Unity  Sport- 
ing Club  of  Lawrence  Inc.,  The,  Universal  Chemists  Corp., 
Universal  Mortgage  Corp.,  Universal  Paper  Company,  In- 
corporated, Universal  Shock  Absorber  and  Auto  Sales  Com- 
pany, University  Staff  Inc.,  Unset  Realty  Co.,  Uphams 
Corner  Strand  Co.,  Uptown  Shops,  Inc.,  Uptown  Theatre 
Lynn,  Inc.,  Utihty  Duplex  Motors,  Inc. 

Vagex  Corporation,  Valley  Ice  and  Fuel  Oil  Co.,  Inc., 
Valley  Woolen  Company,  Van  Nostrand  Brewing  Company, 
Victor  Furniture  Manufacturing  Corporation,  Victor  Hed- 
lund  Co.,  Inc.,  Village  Drug  Store,  Inc.,  The,  Vincenzo  Del 
Signore,  Inc.,  Virginia  Grill  Inc. 

W.  A.  Huggins  Co.,  W.  A.  Luce  Corporation,  W.  A. 
Stratton,  Inc.,  W  &  A  Products,  Inc.,  W.  B.  Russell,  Inc., 
W.  D.  Earl  and  Company  (Inc.),  W  E  E  I  Broadcasting 
Corporation,  W.  F.  Ayers  Linen  Company,  W.  F.  Cobb  & 
Son  Co.,  W.  G.  C.  Company,  W.  J.  MacLeod  &  Son,  Inc., 
W.  L.  Carrick  &  Company,  Inc.,  W.  M.  Rosenfield  Motor 
Trucking  Corporation,  W.  N.  Pike  &  Sons,  Inc.,  W.  W. 
Benjamin  Co.,  Waldfogel-Abrams  Company,  Walhue,  Inc., 
Walker's  Dusting  Mills  Inc.,  Wall-Keller-McKee  Co.,  The, 
Walpole  Manufacturing  Company,  Walsh  Roofing  Company, 
Walter  H.  Binns  Company,  Inc.,  Walter's  Industrial  Bureau 
Inc.,  Waltham  Operating  Corp.,  Ward  P.  Roberts,  Incor- 
porated, Ward  Realty  Trust,  Inc.,  Ware  River  Manufac- 
turing Company,  Warich  Shoe  Co.,  Inc.,  Watermark  Paper 
Company  Incorporated,  Watuppa  Amusement  Co.,  Inc., 
Webb-Brook  Associates,  Inc.,  Webster  Poultry  &  Egg  Co., 
Webster  Realty  Company,  Wellesley  Jewelry  Co.,  Wellesley 
Properties,  Inc.,  Wellington- Wild  Coal  Company,  Wenham 


Acts,  1937. —Chap.  239.  275 

Lake-Salem  Ice  Company,  West  Boston  Investments,  Inc., 
West  Cedar  Farms,  Inc.,  West  End  Horse  Exchange,  Inc., 
West  End  Kosher  Wurst  Company,  West  Side  Oldsmobile 
Co.  Inc.,  West  Somerville  Associates,  Inc.,  West  St.  Garage 
Inc.,  Westfield  Braiding  Co.,  Inc.,  Westfield  Manufacturing 
Company,  Weymouth  Realty  Corporation,  What's  What  in 
Boston,  Incorporated,  Whistle  Company  of  New  England, 
Inc.,  White,  Claggett  &  Co.,  Inc.,  White  Silver  Company, 
Whitfield  Shoe  Company,  Wholesale  Foods,  Inc.,  Wickwire 
Spencer  Steel  Corporation,  Wilfred  Roy,  Inc.,  Willard  M. 
Marks,  Inc.,  William  A.  Patterson  Co.,  William  C.  Adams 
Co.,  Wm.  C.  Waugh  Co.,  Inc.,  William  F.  Berkeley  Inc., 
William  H.  Claflin  &  Co.  Incorporated,  Wm.  R.  Cook  Co., 
Inc.,  WiUiam  T.  Zimmer  Co.,  Williams  Book  Store,  Inc., 
Wills  Sainte  Claire,  Inc.,  Winchester  Institute  of  Finance, 
Inc.,  Winchester  Street  Realty  Corporation,  Wisly  Litho- 
graph and  Printing  Co.  Inc.,  Wolf's  Drug  Company  Inc., 
Wollaston  Realty  Co.,  Wolverine  Oil  Co.,  Inc.,  Women's 
Shop,  Inc.  of  Lawrence,  The,  Wonder  Window  Company, 
Inc.,  Wonderly's,  Inc.,  Wood  Square  Market,  Inc.,  Wood- 
crafters  Guild,  Inc.,  Woodland  Sand  &  Gravel  Co.,  Woodside 
Village,  Inc.,  Woodward  Realty,  Inc.,  Worcester  Backing 
Co.,  Worcester  Baseball  Club,  Inc.,  Worcester  Brass  Co., 
Worcester  Broadcasting  Co.,  Inc.,  Worcester  Capitol  Theatre, 
Inc.,  Worcester  Distributing  Co.  Inc.,  Worcester  Oil  Burner 
Co.,  Inc.,  Worcester  Riding  School,  Inc.,  Worthmore  Dress 
Company,  Worthmore  Shoe  Co.,  Inc.,  Wright  Motor  Livery, 
Inc. 

Yarkon  Corporation,  The,  Yeprat  Grocery  Company, 
Inc.,  Yuill  Coal  Company. 

Z.  D.  Feinman,  Inc.,  Zanditon  Auto  Sales,  Inc.,  Zip-on 
Manufacturing  Company. 

Public  Service  Corporations. 

Boston  and  Chelsea  Railroad  Company,  Boston  and  Re- 
vere Electric  Street  Railway  Company. 

Cambridge-port  Aqueduct  Corporation,  Charlestown  Gas 
and  Electric  Company. 

Mansfield  Lake  Aqueduct  Company,  Marlborough  Aque- 
duct Company,  Mixer  Brothers  Company,  The. 

Newburyport  Aqueduct  Company,  Nissitissit  Electric 
Company,  The,  North  Egremont  Aqueduct  Company. 

Pearl  Hill  Water  Company,  Plainville  Water  Company 
(1886),  Plainville  Water  Company  (1895),  Pleasant  Valley 
Water  Company,  The,  PUmouth  Aqueduct,  The  Proprietors 
of  the. 

Quincy  Gas  Light  Company  (1854). 

Winnisimmet  Railroad  Company. 


276  Acts,  1937.  —  Chap.  239. 


Charitable  and  Other  Corporations. 

Anti-Communist  League. 

Boston  Fire  Department  Band,  Inc.,  Boston  Terra-No vian 
Association. 

Civic  Club  of  Morses  Pond  Grove,  The,  Coolidge  Corner 
Co-Operative  Bank,  Craigie  Foundation,  The. 

Dudley  Cooperative  Bank,  The. 

Edward  Everett  Co-operative  Bank,  Equity  Co-operative 
Bank,  Esodia  Theotokou  Scalohoriton  Lesvou,  Inc. 

Father  Andrew  O'Brien  Memorial  Association,  Inc.,  of 
Hull,  FideUty  Trust  Company  (1913),  Fitchburg  Railroad 
Relief  Association,  Five  Aces  Gun  Club,  Inc.,  Foxborough 
Co-operative  Bank,  The. 

Gilders  Pond  Club  Inc. 

Hawthorne  Club,  Home  Co-operative  Bank,  Hyde  Park 
Trust  Company  (1916). 

Independent  Co-operative  Bank,  The,  Italian  Educa- 
tional Civic  League  of  Wellesley,  Inc. 

Jamaica  Plain  Trust  Company  (1916),  Jersey  Club  Dairies, 
Inc.  of  Massachusetts. 

Lowell  Mutual  Loan  and  Fund  Association,  Lynn  Mu- 
sical Association. 

Maiden  Agricultural  and  Mechanic  Association,  Massa- 
chusetts Academy  of  Agriculture,  Montello  Co-operative 
Bank,  The,  Mount  Pleasant  Classical  Institution,  Proprietors 
of  the. 

Natick  Cooperative  Bank,  New  England  Academy,  New 
England  Press  Association,  New  Meeting  House,  in  Dedham, 
Proprietors  of  the.  North  Adams  Lyceum,  North  Attleboro' 
Odd  Fellows  Hall  Association,  North  Bridgewater  Loan  and 
Fund  Association,  North  Shore  Electrical  Employees'  Union, 
Inc.,  Nunckatesett  Canoe  Club. 

Oread  Institute,  Oxford  Ministerial  Association. 

Parsonage  in  the  First  Parish  in  Amherst,  Proprietors  of 
the,  Peoples  Accident  Association  of  Springfield,  Massachu- 
setts, People's  Perpetual  Loan  and  Fund  Association,  Plym- 
outh Loan  and  Fund  Association,  Putnam  Hall  Association 
in  Cambridge. 

Quincy  Board  of  Trade  (1896). 

Randolph  Athletic  Association,  The,  Reserve  Officers  1936 
Convention  Corporation. 

Saint  Eulaha's  School  Corporation. 

Union  Co-operative  Bank. 

Waltham  Co-operative  Bank,  Watatic  Club,  Wellesley 
ItaHan  Civic  League,  West  Somerville  Co-operative  Bank, 
Whitman  Co-operative  Bank,  The,  Winthrop  Young  Men's 
Hebrew  Association  Inc.,  Wolfeboro  Charitable  Fund  Inc., 
Worcester  Co-operative  Bank. 

Young  Men's  Hebrew  Association  of  Salem,  (Mass.). 

Section  2.  Nothing  in  this  act  shall  be  construed  to  af- 
fect any  suit  now  pending  by  or  against  any  corporation 


Acts,  1937. —Chap.  240.  277 

mentioned  herein,  or  any  suit  now  pending  or  hereafter 
brought  for  any  HabiHty  now  existing  against  the  stockholders 
or  officers  of  any  such  corporation,  or  to  revive  any  charter 
previously  annulled  or  any  corporation  previously  dissolved, 
or  to  make  valid  any  defective  organization  of  anj"-  of  the 
supposed  corporations  mentioned  herein. 

Section  3.  Suits  upon  choses  in  action  arising  out  of 
contracts  sold  or  assigned  by  any  corporation  dissolved  by 
this  act  may  be  brought  or  prosecuted  in  the  name  of  the 
purchaser  or  assignee.  The  fact  of  sale  or  assignment  and 
of  purchase  by  the  plaintiff  shall  be  set  forth  in  the  writ 
or  other  process;  and  the  defendant  may  avail  himself  of 
any  matter  of  defence  of  which  he  might  have  availed  him- 
self in  a  suit  upon  a  claim  by  the  corporation,  had  it  not 
been  dissolved  by  this  act. 

Section  4.  Nothing  in  this  act  shall  be  construed  to 
relieve  the  last  person  who  was  the  treasurer  or  assistant 
treasurer,  or,  in  their  absence  or  incapacity,  who  was  any 
other  principal  officer  of  each  of  the  corporations  named  in 
this  act,  from  the  obligation  to  make  a  tax  return  in  the  year 
nineteen  hundred  and  thirty-eight  as  required  by  chapter 
sixtj^-three  of  the  General  Laws.  The  tax  liability  of  each 
of  the  corporations  named  in  this  act  shall  be  determined 
in  accordance  with  the  existing  laws  of  this  commonwealth. 

Approved  April  29,  1937. 


An  Act  relative  to  the  making  by  banking  institutions  (JJiajj  240 

AND    insurance    COMPANIES    OF    LOANS    INSURED    BY    THE 
FEDERAL  HOUSING  ADMINISTRATOR. 

Whereas,  The  deferred  operation  of  this  act  would  in  part  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  p'"®'^™^'^- 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  sixty-two  of  the  acts  of  nine- 
teen hundred  and  thirty-five  is  hereby  amended  by  striking 
out  section  one  and  inserting  in  place  thereof  the  following: 
—  Section  1.  Subject  to  such  regulations  as  the  commis- 
sioner of  banks  deems  to  be  necessary  or  advisable  in  respect 
to  trust  companies,  savings  banks,  co-operative  banks  or 
credit  unions,  and  to  such  regulations  as  the  commissioner 
of  insurance  deems  to  be  necessary  or  advisable  in  respect 
to  insurance  companies,  any  trust  company,  savings  bank, 
co-operative  bank,  credit  union  or  insurance  company  doing 
business  in  this  commonwealth  is  authorized  for  a  period 
ending  July  first,  nineteen  hundred  and  thirty-nine: 

(a)  To  make  such  loans  and  advances  of  credit  and  pur- 
chases of  obligations  representing  loans  and  advances  of 
credit  as  are  insured  by  the  federal  housing  administrator, 
and  to  obtain  such  insurance. 


278  Acts,  1937. —Chap.  241. 

(6)  To  make  such  loans  secured  by  mortgages  on  real 
property  in  this  commonwealth  as  the  federal  housing  ad- 
ministrator insures  and  to  obtain  such  insurance. 

(c)  All  trust  companies,  savings  banks,  co-operative 
banks,  credit  unions  and  insurance  companies  are  hereby 
authorized  to  exercise  any  powers  and  to  do  any  and  all 
things  incidental  or  necessary  to  give  effect  to  this  act. 

Approved  April  29,  1987. 

Chav.2Al  An  Act  authorizing  the  city  of  salem  to  acquire  cer- 
tain LAND    FOR  A  MEMORIAL  TO  THE  SAILORS  OF  SALEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Salem  is  hereby  authorized  to 
take  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws,  or  acquire  by  purchase  or  otherwise,  the 
land  in  said  city  known  as  Derby  Wharf,  and  certain  other 
land  in  the  neighborhood  of  said  Derby  Wharf,  all  located 
in  said  city,  as  indicated  on  the  plat  accepted  by  the  national 
park  service  of  the  United  States  department  of  the  interior 
and  by  the  mayor  of  said  city,  for  the  purpose  of  constitut- 
ing a  memorial  to  the  sailors  of  Salem. 

Section  2.  Said  city  is  further  authorized  to  borrow  for 
the  purpose  of  section  one  from  time  to  time  within  a  period 
of  five  years  from  the  passage  of  this  act  sums  not  exceed- 
ing, in  the  aggregate,  ninety-five  thousand  dollars,  and  may 
issue  bonds  or  notes  therefor,  which  shall  bear  on  their  face 
the  words,  Derby  Wharf  Memorial  Loan,  Act  of  1937.  Each 
authorized  issue  shall  constitute  a  separate  loan,  and  such 
loans  shall  be  paid  in  not  more  than  five  years  from  their 
dates.  Indebtedness  incurred  under  this  act  shall  be  in  ex- 
cess of  the  statutory  limit  and  shall,  except  as  herein  pro- 
vided, be  subject  to  chapter  forty-four  of  the  General  Laws, 
exclusive  of  the  limitation  contained  in  the  first  paragraph 
of  section  seven  thereof. 

Section  3.  Said  city  is  further  authorized  to  convey 
said  land  to  the  United  States  of  America  without  monetary 
consideration,  to  be  laid  out  or  restored  and  preserved  by 
said  United  States  as  a  national  historic  monument  under 
authority  of  an  act  of  Congress  known  as  Public-Number 
two  hundred  and  ninety-two,  Seventy-Fourth  Congress, 
approved  August  twenty-first,  nineteen  hundred  and  thirty- 
five;  said  historic  monument  to  be  a  marine  park  which 
will  be  educational  and  recreational  and  conducted  for  the 
benefit  of  the  public. 

Section  4.  Chapter  three  hundred  and  sixty-five  of  the 
acts  of  nineteen  hundred  and  thirty-six  is  hereby  amended 
by  striking  out  in  the  third  fine  the  words  "and  restoration". 

Section  5.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1937. 


Acts,  1937.  —  Chaps.  242,  243.  279 


An  Act  authorizing  the  town  of  nantucket  to  pay  an  QJiar)  242 

ANNUITY   TO    THE    WIDOW    OF   SAMUEL   T.    BURGESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  obH- 
gation,  the  town  of  Nantucket  may  pay  an  annuity  of  not 
exceeding  five  hundred  dollars  to  Wilberta  Burgess,  widow 
of  Samuel  T.  Burgess,  who  died  in  the  year  nineteen  hun- 
dred and  twenty-five  as  the  result  of  a  hazard  undergone 
in  the  performance  of  his  duty  as  a  member  of  the  police 
department  of  said  town,  said  annuity  to  be  payable,  in 
equal  monthly  installments,  beginning  as  of  January  first  in 
the  current  year,  for  and  during  the  term  of  the  natural 
life  of  said  widow. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1937. 

An  Act  abolishing  the  open  season  on  deer  in  Norfolk  Chav. 24:3 

COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  hundred  and  nine  of  chapter  one  g.  l.  (Ter. 
hundred  and  thirty-one  of  the  General  Laws,  as  most  re-  F*JoVe4' 
cently  amended  by  section  one  of  chapter  eighty-nine  of  the  amended." 
acts  of  the  current  3^ear,  is  hereby  further  amended  by  in- 
serting after  the  word  "Dukes"  in  the  fifth  line  the  words: 
—  and  Norfolk,  —  so  as  to  read  as  follows:  —  Section  109.  open  season 
Subject  to  the  restrictions  and  provisions  hereinafter  con-  ^""^  ^^^^' 
tained,  any  person  duly  authorized  to  hunt  in  the  common- 
wealth may  hunt  a  deer,  by  the  use  of  a  shotgun  or  bow 
and  arrow,  in  all  counties  except  Dukes  and  Norfolk,  be- 
tween one  half  hour  before  sunrise  and  one  half  hour  after 
sunset  of  each  day  beginning  with  the  first  Monday  in 
December  and  ending  with  the  following  Saturday,  and  in 
any  or  all  of  the  counties  of  Berkshire,  Franklin,  Hampden 
and  Hampshire,  if  the  additional  hunting  period  hereinafter 
specified  is  authorized  in  such  county  or  counties  by  the 
director,  as  evidenced  by  an  order  filed  in  his  office  and 
advertised  in  a  newspaper  or  newspapers  published  in  such 
county  or  counties  not  less  than  ten  days  prior  to  the  first 
Monday  in  December,  between  one  half  hour  before  sunrise 
and  one  half  hour  after  sunset  of  each  day,  beginning  with 
the  second  Monday  in  December  and  ending  with  the  fol- 
lowing Saturday.  No  person  shall,  except  as  provided  in 
the  preceding  section,  kill  more  than  one  deer.  No  deer 
shah  be  hunted  on  land  posted  in  accordance  with  section 
one  hundred  and  twenty-three,  or  on  land  under  control  of 
the  metropolitan  district  commission,  or  within  the  bound- 
aries of  any  public  lands  subject  to  section  one  hundred  and 
fourteen.  No  person  shall  make,  set  or  use  any  trap,  torch 
light  or  jack  light,  salt  hck  or  other  device  for  the  purpose 
of  ensnaring,  enticing,  taking,  injuring  or  killing  a  deer.    No 


280 


Acts,  1937.  —  Chap.  244. 


Penalty. 


G.  L.  (Ter. 
Ed.),  131, 
§  112,  etc., 
amended. 


Hunting 
birds  or 
mammals, 
regulated. 


person  shall  use  or  carry  on  his  person  an  arrow  adapted 
for  hunting  purposes  unless  it  is  plainly  marked  with  his 
name  and  permanent  address.  Whoever  wounds  or  kills  a 
deer  shall,  within  forty-eight  hours  thereafter,  send  to  the 
director  a  written  report,  signed  by  him,  of  the  facts  relative 
to  the  wounding  or  killing.  This  section  shall  not  authorize 
the  hunting  of  deer  in  any  state  forest  reservation  or  any 
state  park  or  reservation  under  the  control  of  the  division 
of  parks  of  the  department;  but  the  hunting  of  deer  in  any 
such  reservation  or  park  shall  be  authorized  during  the 
whole  or  any  part  of  the  open  season  for  deer  provided  by 
this  section,  if  and  as  permitted  by  regulations  made  by 
the  commissioner.  Whoever  violates  any  provision  of  this 
section  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor 
more  than  one  hundred  dollars. 

Section  2.  Section  one  hundred  and  twelve  of  said  chap- 
ter one  hundred  and  thirty-one,  as  most  recently  amended 
by  section  two  of  chapter  one  hundred  and  thirty-eight  of 
the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby  fur- 
ther amended  by  inserting  after  the  word  "Dukes"  in  the 
second  line  the  words :  —  and  Norfolk,  —  so  as  to  read  as 
follows:  —  Section  112.  No  person  shall  in  any  county  ex- 
cept Dukes  and  Norfolk  between  one  half  hour  before  sun- 
rise on  the  first  Monday  in  December  and  one  half  hour 
after  sunset  on  the  following  Saturday,  or,  in  Berkshire, 
Franklin,  Hampshire  or  Hampden  county,  between  one  half 
hour  before  sunrise  on  the  second  Monday  in  December 
and  one  half  hour  after  sunset  on  the  following  Saturday, 
if  such  additional  period  for  hunting  deer  is  authorized  in 
such  county  under  section  one  hundred  and  nine,  hunt  a 
bird  or  mammal  with  a  rifle,  revolver  or  pistol  or  by  the 
aid  of  a  dog,  or  have  in  his  possession,  or  under  his  control, 
in  any  wood  or  field,  a  rifle,  revolver  or  pistol,  or  a  dog 
adapted  to  the  hunting  or  pursuing  of  birds  or  mammals, 
or,  while  in  pursuit  of  birds  or  mammals,  have  in  his  posses- 
sion, or  under  his  control,  on  any  highway,  any  such  fire- 
arm or  dog.  Approved  April  29,  1937. 


Chap. 24:4:  ^^  Act  to  authorize  the  placing  of  the  office  of  chief 

OF  the  fire  department  of  the  town  of  PLYMOUTH 
UNDER  THE  CIVIL  SERVICE  LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  the  fire  department  of 
the  town  of  Plymouth  shall,  upon  the  effective  date  of  this 
act,  become  subject  to  the  civil  service  laws  and  rules  and 
regulations  relating  to  permanent  members  of  fire  depart- 
ments in  towns,  and  the  tenure  of  office  of  any  incumbent 
of  said  office  shall  be  unlimited,  subject,  however,  to  such 
laws,  but  the  present  incumbent  of  said  office  may  continue 
to  serve  therein  without  taking  a  civil  service  examination. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  year  nineteen 


Acts,  1937. —Chap.  245.  281 

hundred  and  thirty-eight  in  the  form  of  the  following  ques- 
tion, which  shall  be  placed  upon  the  official  ballot  to  be 
used  for  the  election  of  town  officers  at  said  meeting:  "Shall 
an  act  passed  by  the  General  Court  in  the  year  nineteen 
hundred  and  thirty-seven  entitled  'An  Act  to  authorize  the 
placing  of  the  Office  of  Chief  of  the  Fire  Department  of 
the  Town  of  Plymouth  under  the  Civil  Service  Laws',  be 
accepted?"  If  a  majority  of  the  votes  in  answer  to  said 
question  is  in  the  affirmative,  then  this  act  shall  thereupon 
take  full  effect,  but  not  otherwise. 

Approved  April  29,  1937. 

An  Act  relative  to  the  validity  of  conditional  sales  fhn^  245 
OF  certain  personal  property  used  in  connection  ^' 

WITH  REAL  estate  AS  AGAINST  MORTGAGEES,  PURCHASERS 
OR  GRANTEES  OF  SUCH  REAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  one  hundred  and  eighty-four  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  f'^^^'ef*; 
thirteen,  as  amended  by  chapter  one  hundred  and  twelve  of  amended.' 
the  acts  of  the  current  year,  and  inserting  in  place  thereof 
the  following:  —  Section  13.    No  conditional  sale  of  heating  Conditional 
apparatus,  plumbing  goods,  ranges,  buildings  of  wood  or  fi^^^'^es.  etc., 
metal  construction  of  the  class  commonly  known  as  port-  ?°^^®'j''°^' 
able  or  sectional  buildings,  elevator  apparatus  or  machin-  cording, 
ery,  or  other  articles  of  personal  property,  which  are  after- 
ward wrought  into  or  attached  to  real  estate,  whether  they 
are  fixtures  at  common  law  or  not,  shall  be  valid  as  against 
any  mortgagee,  purchaser  or  grantee  of  such  real  estate, 
unless  not  later  than  ten  days  after  the  delivery  thereon  of 
such  personal  property  a  notice  such  as  is  herein  prescribed 
is  recorded  in  the  registry  of  deeds  for  the  county  or  district 
where  the  real  estate  lies.    The  notice  shall  be  signed  by  the 
vendor  or  a  person  claiming  under  him  and  shall  contain 
the  names  of  the  contracting  parties,  the  name  of  the  record 
owner  of  the  real  estate  at  the  time  of  recording  the  notice, 
the  fact  that  it  is  agreed  that  title  to  such  personal  prop- 
erty shall  remain  in  the  vendor  until  the  purchase  price  is 
paid,  the  terms  of  payment,  including  the  date  on  which  the 
final  pajmient  will  become  due,  and  the  amount  of  such  pur- 
chase price  remaining  unpaid,  and  descriptions,  sufficiently 
accurate  for  identification,  of  such  real  estate  and  the  per- 
sonal property  delivered  or  to  be  delivered  thereon.     If  the 
sale  is  of  several  articles  for  a  lump  sum  greater  than  the 
value  of  the  personal  property  delivered  or  to  be  delivered 
on  the  real  estate,  the  notice  shall  also  state  such  lump  sum 
and  such  value. 

No  conditional  sale  of  which  notice  is  recorded  under 
this  section  shall  be  valid  as  against  any  mortgagee,  pur- 
chaser or  grantee  of  such  real  estate  for  more  than  ninety 
days  after  the  date  on  which  the  final  payment  will  become 
due  as  set  forth  in  said  notice,  unless  the  vendor  or  some 


282 


Acts,  1937.  —  Chap.  246. 


Effective 
date. 


person  claiming  under  him  shall,  within  said  ninety  day 
period,  cause  to  be  recorded  in  the  registry  of  deeds  for  the 
county  or  district  where  the  real  estate  lies  a  statement 
signed  and  sworn  to  b}^  him  or  by  some  person  in  his  behalf, 
giving  a  just  and  true  account  of  the  amount  due  him,  with 
all  just  credits,  the  names  of  the  contracting  parties,  and  the 
name  of  the  record  owner  of  the  real  estate  as  given  in  said 
notice. 

Both  the  original  notice  and  any  subsequent  statement  of 
account  hereinbefore  provided  for  shall  be  indexed  in  the 
registry  of  deeds  under  the  name  of  the  record  owner  of 
such  real  estate  as  appearing  in  said  notice,  and  a  release 
of  title  in  any  such  article  of  personal  property  may  be 
recorded  at  any  time. 

Section  2.  This  act  shall  apply  only  in  case  of  condi- 
tional sales  made  on  or  after  September  first  in  the  current 
year.  Approved  April  29,  1937. 


G.  L.  (Ter. 
Ed.),  130. 
§§  77,  78  and 
79,  etc., 
amended. 


Department 
of  public 
health  to  deter- 
mine sources 
of  pollution. 


Chap.24:Q  ^^  ^ct  imposing  upon  certain  private  corporations  a 

PROPORTIONATE  SHARE  OF  THE  COST  OF  PURIFICATION 
PLANTS  AND  OF  THE  EXPENSES  OF  MAINTENANCE  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  thirty  of  the  General  Laws  is 
hereby  amended  by  striking  out  sections  seventy-seven, 
seventy-eight  and  seventy-nine,  as  appearing  in  section  two 
of  chapter  three  hundred  and  twenty-nine  of  the  acts  of 
nineteen  hundred  and  thirty-three,  and  inserting  in  place 
thereof  the  following :  —  Section  77.  Upon  receipt  of  the 
request  provided  for  by  the  preceding  section,  the  depart- 
ment of  public  health  shall,  as  soon  as  may  be  and  in 
such  manner  as  it  may  deem  proper,  determine  the  sources 
of  pollution  of  the  contaminated  area  or  areas  referred 
to  therein,  and  the  proportions  in  which  cities  and  towns 
within  the  commonwealth  are  causing  or  contributing  to 
the  cause  of  such  pollution;  provided,  that  if  in  any  city 
or  town  as  to  which  any  such  proportion  is  so  determined 
there  is  a  private  corporation  organized  for  the  purpose  of 
owning  and  maintaining  for  profit  a  system  of  sewage  dis- 
posal, said  department  shall  likewise  determine  whether  or 
not  said  private  corporation  is  causing  or  contributing  to 
the  cause  of  the  pollution  ascribed  by  the  department  to 
such  city  or  town  and,  if  so,  in  what  proportion.  Said  de- 
partment shall  forthwith  report  such  determination  to  the 
commissioner  of  conservation,  who  shall  thereupon  make 
application  to  the  supreme  judicial  court  for  the  relief  pro- 
vided for  in  the  following  section. 

Section  78.  The  supreme  judicial  court,  on  application 
under  the  preceding  section  and  after  notice  to  each  of  the 
cities  and  towns,  and  private  corporations  organized  for  the 
purpose  of  owning  and  maintaining  for  profit  systems  of 
sewage  disposal,  named  in  the  report  of  the  department  of 
public  health  as  causing  or  contributing  to  the  contamina- 


Determina- 
tion  of  cost 
of  purifica- 
tion plants. 


Acts,  1937.  —  Chap.  246.  283 

tion  of  the  area  or  areas  in  question,  shall  appoint  three 
commissioners,  herein  and  in  the  following  section  referred 
to  as  apportionment  commissioners,  who  shall  not  be  resi- 
dents of  any  of  said  cities  or  towns.  Such  commissioners 
shall,  after  due  notice  and  hearing,  and  in  such  manner  as 
they  shall  deem  just  and  equitable,  determine  the  propor- 
tion which  each  of  said  cities  and  towns,  and  private  corpo- 
rations organized  for  the  purpose  of  owning  and  maintain- 
ing for  profit  systems  of  sewage  disposal,  shall  bear  of  the 
cost  of  such  purification  plant  as  is  prescribed  or  approved 
under  section  seventy-six,  the  compensation  and  expenses 
of  the  apportionment  commissioners,  and  the  expenses  of 
maintaining  such  plant  thereafter,  and  shall  report  their 
findings  to  said  court  as  soon  as  may  be.  When  said  report 
shall  have  been  accepted  by  the  court  it  shall  be  conclusive 
as  to  all  matters  referred  to  said  commissioners  and  shall  be 
binding  upon  all  parties,  who  shall  thereupon  pay  the  costs 
in  accordance  with  the  order  of  the  court.  The  court  shall 
have  jurisdiction  in  equity  to  enforce  sections  seventy-five 
to  eighty,  inclusive,  and  shall  fix  and  determine  the  com- 
pensation of  said  apportionment  commissioners  and  shall 
allow  such  expenses  incurred  by  them  in  carrying  out  the 
provisions  of  said  sections  as  it  shall  approve. 

Section  79.  After  the  completion  of  the  construction  of  ^l^'^^^^^""^" 
a  purification  plant  prescribed  by  the  supervisor  with  the 
approval  of  the  commissioner  of  public  health  under  sec- 
tion seventy-six,  or  after  their  approval  of  such  an  existing 
plant,  the  same  shall  be  maintained  by  the  city  or  town  in 
which  it  is  located  until  such  time  as  the  supervisor  may 
determine  that  the  shellfish  in  the  area  or  areas  served  by 
it  are  not  of  sufficient  commercial  value  to  warrant  its  con- 
tinuance. On  or  before  January  fifteenth  of  each  j^ear  such 
city  or  town  shall  submit  to  the  supervisor  an  itemized 
statement  certified  by  its  treasurer,  showing  all  sums  ex- 
pended bj^  it  during  the  preceding  year  on  account  of  any 
such  plant.  The  supervisor  shall  approve  such  sums  as  he 
finds  to  be  correct  and  proper  charges.  Such  proportions 
of  the  total  amount  thereof  as  have  been  determined  by 
the  apportionment  commissioners  to  be  allocable  to  cities 
and  towns,  and  private  corporations  organized  for  the  pur- 
pose of  owning  and  maintaining  for  profit  sj'stems  of  sew- 
age disposal,  he  shall  apportion  thereto  in  the  proportions 
fixed  by  said  apportionment  commissioners  in  their  report, 
as  accepted  by  the  supreme  judicial  court,  and  shall  forth- 
with notify  each  such  city  or  town,  or  private  corporation 
organized  for  the  purpose  of  owning  and  maintaining  for 
profit  a  sj^stem  of  sewage  disposal,  of  the  amounts  so  appor- 
tioned, which  shall  thereupon  be  due  and  payable  to  the 
city  or  town  in  which  said  plant  is  located.  Should  such 
last  mentioned  city  or  town  fail  to  maintain  such  purifica- 
tion plant  in  good  condition,  or  to  operate  the  same,  the 
supreme  judicial  court  shall  have  jurisdiction,  upon  appli- 
cation of  ten  registered  voters  in  any  one  or  more  of  the 


284 


Acts,  1937.  —  Chaps.  247,  248. 


cities  and  towns  contributing  to  the  expense  of  such  plant, 
to  compel  it  to  put  the  plant  in  good  condition  and  to  operate 
the  same.  Approved  April  29,  1937. 


Chap. 2^1  An  Act  entitling  blind  persons  to  be  accompanied  by 
"seeing  eye"  dogs,  so  called,  on  common  carriers 
within  the  commonwealth,  without  additional  cost. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifteen  of  chapter  one  hundred  and  fifty-nine  of 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  adding  at  the  end  the  following 
new  paragraph :  — 

Notwithstanding  the  foregoing  provisions  of  this  section 
or  any  other  provision  of  law,  any  blind  person  while  a 
passenger  for  hire  on  any  common  carrier  within  the  com- 
monwealth shall  be  entitled  to  be  accompanied  by  a  prop- 
erly muzzled  "seeing  eye"  dog,  so  called,  except  in  railroad 
sleeping,  parlor,  club,  buffet  or  lounge  cars,  and  such  person 
shall  not  be  required  to  pay  any  charge  or  fare  for  or  on 
account  of  the  transportation  thereon  of  himself  and  any 
such  dog  so  accompanying  him  in  addition  to  the  charge  or 
fare  lawfully  chargeable  for  his  own  transportation. 

Approved  April  29,  1937. 


G.  L.  (Ter. 

Ed.),  159, 

§  15,  amended. 


Common 
carriers  to 
allow  blind 
persons  to 
be  accom- 
panied by 
dogs. 


C hap. 24:S  An  Act  relative  to  elimination  of  so  called  double 
liability  of  stockholders  of  trust  companies. 


G.  L.  (Ter. 
Ed.),  172, 
§  24,  etc., 
amended. 


Liability  of 
stockholders 
of  trust 
companies. 


Be  it  enacted,  etc.,  as  follows: 

Section  twenty-four  of  chapter  one  hundred  and  seventy- 
two  of  the  General  Laws,  as  amended  by  section  fourteen  of 
chapter  three  hundred  and  forty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-four,  is  hereby  further  amended  by 
adding  at  the  end  the  following  two  new  paragraphs :  — 

Except  as  otherwise  provided  in  the  following  paragraph, 
the  liability  imposed  by  this  section  shall  cease  on  July  first, 
nineteen  hundred  and  thirty-eight,  with  respect  to  all  shares 
issued  by  any  such  corporation  which  shall  be  transacting 
business  on  July  first,  nineteen  hundred  and  thirty-eight; 
provided,  that  not  less  than  six  months  prior  to  such  date 
such  corporation  shall  have  caused  notice  of  such  prospec- 
tive termination  of  liability  to  be  published  in  a  newspaper 
published  in  the  city  or  town  where  such  corporation  has 
its  main  office  and  in  each  city  and  town  where  the  corpora- 
tion has  a  branch  office.  If  such  corporation  fails  to  give 
such  notice  as  and  when  above  provided,  a  termination  of 
such  liability  may  thereafter  be  accomplished  as  of  the  date 
six  months  subsequent  to  publication,  in  the  manner  above 
provided. 

Nothing  herein  shall  terminate  the  liability  imposed  by 
this  section  for  any  contract,  debt  or  engagement  entered 
into  or  incurred  by  any  such  corporation  prior  to  the  ter- 


Acts,  1937.  —  Chaps.  249,  250.  285 

mination  date  under  any  provision  of  the  preceding  para- 
graph, if,  prior  to  such  date,  the  other  party  thereto  either 
has  begun  legal  proceedings  to  enforce  such  contract,  debt 
or  engagement  or  had  no  legal  right  to  demand  perform- 
ance or  payment  thereof.  Approved  April  29,  1937. 


Chap.249 


An  Act  relative  to  the  making  of  rules  and  regula- 
tions BY  the  department  OF  LABOR  AND  INDUSTRIES 
FOR  THE  PREVENTION  OF  ACCIDENTS  AND  INDUSTRIAL  OR 
OCCUPATIONAL   DISEASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  six  of  chapter  one  hundred  and  forty-nine  of  the  a.  l.  (Ter. 
General  Laws,  as  amended  by  section  one  of  chapter  one  '^i'!-^'..!.'!!' L^f 
hundred   and  thirty-two  of  the  acts  of  nineteen  hundred 
and  thirty-four,  is  hereby  further  amended  by  striking  out, 
in  the  eleventh  and  twelfth  lines,  the  words  "applicable  to 
either  employers  or  employees  or  both ",  —  so  as  to  read 
as  follows:  —  Section  6.     It  shall  investigate  from  time  to  investigations 
time  employments  and  places  of  employment,  and  deter-  fj^fth''"^'^  '""^ 
mine  what  suitable  safety  devices  or  other  reasonable  means 
or  requirements  for  the  prevention  of  accidents  shall  be 
adopted  or  followed  in  any  or  all  such  employments  or 
places  of  employment;  and  also  shall  determine  what  suit- 
able devices  or  other  reasonable  means  or  requirements  for 
the  prevention  of  industrial  or  occupational  diseases  shall 
be  adopted  or  followed  in  any  or  all  such  employments  or 
places  of  employment;    and  shall  make  reasonable  rules,  Rules, etc 
regulations  and  orders  for  the  prevention  of  accidents  and 
the  prevention  of  industrial  or  occupational  diseases,  and 
rules  and  regulations  pertaining  to  structural  painting  made 
hereunder  may  provide  for  the  payment  of  reasonable  fees. 

Approved  April  29,  1937. 


Chap.250 


An  Act  further  regulating  the  penalty  for  unlaw- 
fully  CARRYING   CERTAIN   DANGEROUS  WEAPONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  ten  of  chapter  two  hundred  and  fj^^og^io 
sixty-nine  of  the  General  Laws,  as  most  recently  amended  etc!,  amended.' 
by  section  one  of  chapter  two  hundred  and  twenty-seven  of 
the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby  fur- 
ther amended  by  striking  out,  in  the  fourteenth  to  the 
eighteenth  lines,  inclusive,  the  words  "ten  years  in  the  state 
prison  or  for  not  more  than  two  and  one  half  years  in  a  jail 
or  house  of  correction  except  that,  if  the  court  finds  that 
the  defendant  has  not  been  previously  convicted  of  a  felony, 
he  may  be  punished  by  a  fine  of  not  more  than  fifty  dollars" 
and  inserting  in  place  thereof  the  following:  —  five  years  in 
the  state  prison  or  for  not  less  than  six  months  nor  more 
than  two  and  one  half  years  in  a  jail  or  house  of  correction 
except  that,  if  the  court  finds  that  the  defendant  has  not 


286 


Acts,  1937. —Chap.  251. 


Penalty  for 

unlawfully 

carrying 

dangerous 

weapons. 


Effective 
date. 


been  previously  convicted  of  a  felony,  he  may  be  punished 
by  a  fine  of  not  more  than  fifty  dollars  or  by  imprisonment 
for  not  more  than  two  and  one  half  years  in  a  jail  or  house 
of  correction,  —  so  as  to  read  as  follows:  —  Section  10. 
Whoever,  except  as  provided  by  law,  carries  on  his  person, 
or  carries  on  his  person  or  under  his  control  in  a  vehicle,  a 
pistol  or  revolver,  loaded  or  unloaded,  without  permission 
under  section  one  hundred  and  thirty-one  of  chapter  one 
hundred  and  forty,  or  whoever  so  carries  any  stiletto,  dag- 
ger, dirk  knife,  slung  shot,  metallic  knuckles  or  sawed  off 
shotgun,  or  whoever,  when  arrested  upon  a  warrant  for  an 
alleged  crime  or  when  arrested  while  committing  a  crime  or 
a  breach  or  disturbance  of  the  public  peace,  is  armed  with, 
or  has  on  his  person,  or  has  on  his  person  or  under  his  con- 
trol in  a  vehicle,  a  billy  or  dangerous  weapon  other  than 
those  herein  mentioned,  shall  be  punished  by  imprisonment 
for  not  less  than  two  and  one  half  years  nor  more  than  five 
years  in  the  state  prison  or  for  not  less  than  six  months  nor 
more  than  two  and  one  half  years  in  a  jail  or  house  of  cor- 
rection except  that,  if  the  court  finds  that  the  defendant 
has  not  been  previously  convicted  of  a  felony,  he  may  be 
punished  by  a  fine  of  not  more  than  fifty  dollars  or  by  im- 
prisonment for  not  more  than  two  and  one  half  years  in  a 
jail  or  house  of  correction,  or  whoever,  except  as  provided 
by  law,  possesses  a  machine  gun  as  defined  in  section  one 
hundred  and  twenty-one  of  chapter  one  hundred  and  forty, 
without  permission  under  said  section  one  hundred  and 
thirty-one  shall  be  punished  by  imprisonment  in  the  state 
prison  for  hfe  or  for  any  term  of  years,  and  upon  convic- 
tion the  pistol  or  other  article  shall  be  confiscated  by  the 
commonwealth.  The  pistol  or  article  so  confiscated  shall, 
by  the  authority  of  the  written  order  of  the  court  or  trial 
justice,  be  forwarded  by  common  carrier  to  the  commis- 
sioner of  public  safety,  who,  upon  receipt  of  the  same,  shall 
notify  said  court  or  justice  thereof.  Said  commissioner  may 
sell  or  destroy  the  same,  and,  in  case  of  a  sale,  after  paying 
the  cost  of  forwarding  the  article,  shall  pay  over  the  net 
proceeds  to  the  commonwealth. 

Section  2.  This  act  shall  take  effect  on  September  first 
in  the  current  year  and  shall  apply  in  case  of  crimes  com- 
mitted on  or  after  said  date.  Notwithstanding  the  provi- 
sions of  this  act,  the  provisions  of  said  section  ten  as  in 
effect  immediately  preceding  the  said  date  shall  continue 
to  apply  in  the  case  of  crimes  committed  prior  thereto. 

Approved  April  29,  1937. 


Chap. 251  An  Act  regulating  the  imposition  of  costs  in  certain 

CRIMINAL    PROCEEDINGS. 


G.  L.  (Ter. 
Ed.),  280, 
§  6,  amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  eighty  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
six,  as  appearing  in  the  Tercentenary  Edition,  and  insert- 


Acts,  1937.  —  Chaps.  252,  253.  287 

ing  in  place  thereof  the  following:  —  Section  6.  Costs  shall  ^.^^Pl^^tion. 
not  be  imposed  by  the  court  or  justice  as  a  penalty  or  part 
penalty  for  a  crime;  provided,  that  the  court  or  justice  may, 
as  a  condition  of  the  dismissal  or  fihng  of  a  complaint  or  in- 
dictment, or  as  a  term  of  probation,  order  the  defendant 
to  pay  the  reasonable  and  actual  expenses  of  the  prosecu- 
tion, as  determined  by  it  or  him. 

Section  2.    This  act  shall  take  effect  on  September  first  JJJ|°t'^® 
in  the  current  year.  Approved  April  29,  1937. 

An  Act  authorizing  the  use  of  facsimile  signatures  of  Qhav. 252 

THE  governor  ON  CERTAIN  BONDS  AND  NOTES  OF  THE 
COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Chapter   twenty-nine   of    the    General    Laws    is   hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  forty-eight,  as  appearing  section  4sX^ 
in  the  Tercentenary  Edition,  the  following  new  section: —  added. 
Section  4SA.     Facsimiles  of  the  signature  of  the  governor  Facsimile 
on  original  issues  or  transfers  of  bonds  or  notes  of  the  com-  ^^^'^^*^^^^- 
monwealth  shall  have  the  same  validity  and  effect  as  his 
written  signature.  Approved  April  29,  1937. 

An  Act  further  regulating  the  practice  of  dentists,  (JJidy  253 

DENTAL  HYGIENISTS  AND  OTHER  PERSONS  PRACTICING  DEN-  ^' 

TISTRY. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twelve  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  fifty-two  A,  in-  f  s^X.Htc., 
serted  by  chapter  two  hundred  and  eighty-one  of  the  acts  amended. 
of  nineteen  hundred  and  thirty-four,  and  inserting  in  place 
thereof  the  following:  —  Section  52 A.     No  registered  den- Advertising  by 
tist,  person  practicing  dentistry  or  dental  hygienist  shall  reguialed!*°"' 
include,  or  permit  or  cause  to  be  included,  in  any  newspaper, 
radio,  display  sign,  personal   solicitation   or  other  manner 
of  advertising,  any  written  or  spoken  words  or  statements 
of  a  character  tending  to  deceive  or  mislead  the  pubfic, 
or   claiming    professional    superiority   or   the    performance 
of  professional  ser\4ces  in  a  superior  manner,  or  the  perform- 
ance of  painless  operations  of  a  dental  or  oral  surgical  na- 
ture, or  tending  to  solicit  patronage  for  his  business,  services, 
advice  or  products,  or  advertising  fixed  prices  for  professional 
services  or  materials  or  the  use  of  any  drug,  nostrum,  patent 
or  proprietary  medicine  of  an  unknown  formula,  or  adver- 
tising to  use  any  system  of  anaesthetics  without  truly  and 
accurately  naming  the  same  or  to  use  any  such  system  unless 
such  system  is  in  fact  used,  or  shall  advertise  with  signs  or 
printed  advertisements,  or  by  means  of  show  cases,  con- 
taining the  representation  of  a  tooth,  teeth,  dental  restora- 
tion of  any  kind  or  of  whatsoever  design  or  description  or 
any  portion  of  the  human  head  or  neck  or  photograph  of 


288  Acts,  1937.  —  Chap.  254. 

any  person,  or  shall  make  or  set  forth  any  promises,  guar- 
antees, offers,  inducements,  representations,  statements  or 
rewards  of  a  character  tending  to  influence,  persuade  or 
induce  persons  to  seek,  employ  or  patronize  his  business, 
service,  advice  or  products;  provided,  that,  notwithstanding 
the  foregoing,  a  person  subject  to  this  section  may  (1)  use 
and  distribute  personal  professional  cards  setting  forth  his 
name,  title,  address  or  addresses,  telephone  number  or 
numbers  and  office  hours,  and,  if  he  limits  his  practice  to  a 
specialty,  containing  a  statement  of  such  specialty;  (2)  use 
and  distribute  personal  professional  cards  or  other  notices 
announcing  his  change  of  place  of  business,  or  his  entrance 
into,  absence  from  or  return  to  business;  (3)  issue  personal 
appointment  cards  to  his  patients,  stating  thereon  the  time 
and  place  of  appointment  and  containing  any  statements 
hereinbefore  authorized  to  be  set  forth  in  his  personal  pro- 
fessional cards;  (4)  display  his  name  and  any  such  author- 
ized statements,  by  means  of  a  sign  or  signs  at  his  residence 
or  place  of  business,  or  both,  or  upon  the  windows  thereof, 
or  upon  a  door  plate  or  in  a  building  directory,  so  called, 
thereat;  and  (5)  insert  his  name  and  any  such  authorized 
statements  in  the  public  print,  in  the  form  of  advertisements 
or  notices  not  more  than  one  column  in  width  nor  more  than 
two  inches  in  depth.  Approved  April  29 y  1937. 

Chap. 254:  An  Act  authorizing  the  city  of  Worcester  to  tempo- 
rarily REINSTATE  TIMOTHY  H.  MURPHY  AS  AN  EMPLOYEE 
FOR   THE   SOLE    PURPOSE    OF   BEING   RETIRED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Timothy  H.  Murphy,  a  veteran  of  the  world 
war,  who  was  employed  for  more  than  ten  years  as  a  laborer 
in  the  street  department  and  other  departments  of  the  city 
of  Worcester,  and  who  became  separated  from  the  classified 
civil  service  on  or  about  October  nineteenth,  nineteen  hun- 
dred and  twenty-nine,  by  reason  of  inability  to  work  on 
account  of  sickness  arising  out  of  and  in  the  course  of  his 
employment,  may  be  reinstated  by  said  city  in  its  street 
department  without  further  examination,  but  for  the  sole 
purpose  of  being  retired  under  the  provisions  of  section 
fifty-seven  or  any  other  pertinent  provision  of  chapter 
thirty-two  of  the  General  Laws.  Upon  his  retirement  as 
aforesaid  there  shall  be  paid  to  him  a  pension  at  a  rate 
equal  to  one  half  the  rate  of  annual  compensation  received 
by  him  at  the  time  of  his  separation  from  the  classified  civil 
service. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  coun- 
cil, subject  to  the  provisions  of  its  charter,  but  not  other- 
wise. Approved  May  3,  1937. 


Acts,  1937.  —  Chaps.  255,  256,  257.  289 


An  Act  relative  to  the  providing  by  cities  and  towns  Chav  255 

OF    HEADQUARTERS    FOR    LOCAL    POSTS    OF    INCORPORATED 
WAR   veterans'    ORGANIZATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  nine  of  chapter  forty  of  the  General  Laws,  as  g.  l.  (Ter. 
most  recently  amended  by  chapter  two  hundred  and  seventy-  ^^-^  amended 
one  of  the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby 
further  amended  by  adding  at  the  end  the  following  new 
paragraph :  — 

A  city  or  town  may  also,  within  the  limitation  appHcable  Quarters  for 
to  such  city  or  town  for  such  purpose,  appropriate  money  tSn  w°ir*'^'^" 
for  the  purpose  of  providing  suitable  headquarters  for  a  veterans, 
post  or  posts  of  any  incorporated  organization  of  veterans 
who  served  in  the  military  or  naval  service  of  the  United 
States  in  time  of  war  or  insurrection,  in  addition  to  those 
above  specified,  if  a  petition  requesting  such  an  appropri- 
ation for  such  an  organization  designated  in  the  petition, 
signed  by  not  less  than  five  per  cent  of  the  voters  of  such 
city  or  town,  is  filed  with  the  city  or  town  clerk  thereof. 

Approved  May  4,  1937, 


An  Act  authorizing  the  conveyance  by  the  city  of  Chav -256 

CHELSEA  TO  THE  COMMONWEALTH,  AND  THE  ACCEPTANCE 
BY  THE  ARMORY  COMMISSIONERS,  FOR  ARMORY  PURPOSES, 
OF   CERTAIN   LAND    IN   SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  Chelsea,  acting  by  its  mayor  and  board  of 
aldermen,  may  convey  to  the  commonwealth,  for  armory 
purposes,  a  certain  parcel  of  land  adjoining  property  now 
being  used  for  armory  purposes,  measuring  approximately 
one  hundred  and  seventy  feet  by  twenty  feet,  and  extend- 
ing from  Armory  street  to  St.  Rose  Roman  Catholic  Church 
property,  so  called,  in  said  city.  The  armory  commission- 
ers are  hereby  authorized  to  accept  such  land  in  the  name 
and  behalf  of  the  commonwealth. 

Approved  May  4,  1937. 

An  Act  extending  the  equity  jurisdiction  of  probate  /^z,^^  ocy 

COURTS    to    provide    FOR    THE    ISSUANCE    IN    CERTAIN    IN-  ^  * 

STANCES  OF  TEMPORARY  INJUNCTIONS  TO  RESTRAIN  THE 
FORECLOSURE  OF  MORTGAGES  WHICH  HINDER  THE  PROPER 
ADMINISTRATION  OF  ESTATES  OR  CERTAIN  TRUSTS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  fifteen  of  the  General  Laws  is  g.  l.  (Ter. 

hereby  amended  by  striking  out  section  six,  as  amended  by  f^'^'^tc^' 

section  one  of  chapter  two  hundred  and  thirty-seven  of  the  amended. 

acts  of  nineteen  hundred  and  thirty-three,  and  inserting  in 

place  thereof  the  following:  —  Section  6.     Probate  courts  Equity  juris- 
diction. 


290  Acts,  1937.  —  Chap.  258. 

shall  have  jurisdiction  in  equity,  concurrent  with  the  supreme 
judicial  and  superior  courts,  of  all  cases  and  matters  rela- 
tive to  the  administration  of  the  estates  of  deceased  persons, 
to  wills,  including  questions  arising  under  section  twenty 
of  chapter  one  hundred  and  ninety-one,  to  trusts  created 
by  will  or  other  written  instrument  and,  in  cases  involving 
in  any  way  the  estate  of  a  deceased  person  or  the  property 
of  an  absentee  whereof  a  receiver  has  been  appointed  under 
chapter  two  hundred  or  the  property  of  a  person  under 
guardianship  or  conservatorship,  to  trusts  created  by  parol 
or  constructive  or  resulting  trusts,  of  all  matters  relative  to 
guardianship  and  conservatorship  and  of  all  other  matters 
of  which  they  now  have  or  may  hereafter  be  given  jurisdic- 
tion. They  shall  also  have  jurisdiction  in  equity  to  enforce 
foreign  judgments  for  support  of  a  wife  or  of  a  wife  and 
minor  children  against  a  husband  who  is  a  resident  or  in- 
habitant of  this  commonwealth,  upon  petition  of  the  wife 
filed  in  the  county  of  which  the  husband  is  a  resident  or  in- 
habitant. They  shall  also  have  jurisdiction  in  equity,  upon 
petition  of  an  administrator,  executor,  guardian,  conserva- 
tor, receiver  appointed  as  aforesaid  or  trustee  under  a  will 
to  enjoin  for  a  reasonable  period  of  time  the  foreclosure, 
otherwise  than  by  open  and  peaceable  entry,  of  a  mortgage 
on  real  estate,  or  the  foreclosure  of  a  mortgage  on  personal 
property,  which  real  estate  or  personal  property  is  included 
in  the  estate  or  trust  being  administered  by  such  fiduciary, 
if  in  the  opinion  of  the  court  the  proper  administration  of 
the  estate  or  the  trust  would  be  hindered  by  such  fore- 
closure. Jurisdiction  under  this  section  may  be  exercised 
upon  petition,  according  to  the  usual  procedure  in  probate 
courts.  Approved  May  4,  1937. 

Chav.258  An  Act  authorizing  the  transfer  of  certain  park  land 

IN  THE  CITY  OF  BOSTON  TO  THE  TRUSTEES  UNDER  THE  WILL 
OF   GEORGE   ROBERT   W^HITE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  park  department  of  the  city  of  Boston 
is  hereby  authorized  to  transfer  to  the  care,  custody  and 
control  of  the  trustees  under  the  fourteenth  clause  of  the  will 
of  George  Robert  White  the  following  parcel  of  land  situate 
in  that  part  of  Boston  known  as  the  Back  Bay  Fens,  bounded 
and  described  as  follows :  —  westerly  by  Charlesgate  west, 
eighty-five  feet  more  or  less;  northerly  by  a  portion  of  Com- 
monwealth avenue,  three  hundred  ten  feet  more  or  less; 
easterly  by  Charlesgate  east,  ninety-eight  feet  more  or  less; 
and  southerly  by  a  portion  of  Commonwealth  avenue,  three 
hundred  ten  feet  more  or  less,  or  any  other  parcel  of  land 
now  under  the  control  of  said  department,  heretofore  taken 
for  park  purposes  and  situate  in  said  part  of  Boston,  for  the 
purpose  of  erecting  thereon,  in  accordance  with  plans  ap- 
proved by  said  department,  an  esplanade  and  colonnade, 
upon  the  express  condition,  however,  that  upon  the  com- 


Acts,  1937. —Chaps.  259,  260.  291 

pletion  of  said  esplanade  and  colonnade  the  care,  custody 
and  control  of  such  parcel  of  land,  together  with  the  espla- 
nade and  colonnade,  shall  revert  without  further  act  to  the 
care,  custody  and  control  of  the  park  department  of  the  city 
of  Boston,  to  be  held  by  said  department  in  accordance  with 
the  provisions  of  the  will  of  said  George  Robert  White.  Said 
transfer  shall  also  be  upon  the  further  express  condition  that 
if,  within  two  years  from  the  date  of  such  transfer,  such  es- 
planade and  colonnade  shall  not  have  been  constructed 
upon  such  parcel,  then  such  parcel  shall  thereupon  revert 
without  further  act  to  the  care,  custody  and  control  of  said 
department. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  A,  1937. 

An  Act  relative  to  the  control  of  ell  pond  in  the  city  (JJidj)  259 

OF   MELROSE.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Chapter  eighty-two  of  the  acts  of  nineteen  hundred  and 
twenty  is  hereb}^  amended  by  striking  out  sections  two  and 
three  and  inserting  in  place  thereof  the  four  following  new 
sections:  —  Section  2.  The  park  commissioners  of  the  city 
of  Melrose  are  hereby  authorized  to  make  rules  and  regula- 
tions governing  fishing,  boating,  bathing,  skating  and  other 
recreational  activities  on  or  in  Ell  pond  in  said  city.  Such 
rules  and  regulations  relative  to  fishing  shall  be  subject  to 
the  approval  of  the  division  of  fisheries  and  game  of  the  de- 
partment of  conservation  and  such  other  rules  and  regula- 
tions made  under  this  section  shall  be  subject  to  the  approval 
of  the  state  department  of  public  works,  and,  in  either  case, 
when  so  approved  shall  have  the  force  of  law. 

Section  3.  Any  police  officer  of  said  city  may  patrol  any 
part  of  the  waters  of  said  pond  and  shall  have  authority  to 
arrest  any  person  violating  any  law  of  the  commonwealth  in, 
on  or  adjacent  to  the  waters  of  said  pond  or  violating  any 
rule  or  regulation  established  under  this  act. 

Section  4-  Violation  of  any  rule  or  regulation  established 
under  this  act  shall  be  punished  by  a  fine  of  not  more  than 
fifty  dollars. 

Section  5.  Nothing  in  this  act  shall  be  construed  to 
abridge  the  powers  and  duties  of  said  department  of  public 
works  under  chapter  ninetj^-one  of  the  General  Laws. 

Approved  May  4,  1937. 


Chap.2Q0 


An    Act    providing    for    the    issuance    of    insurance 
brokers'  licenses  without  fee  to  widow^s  of  certain 

WAR   veterans. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  sixty-seven  A  of  chapter  one  g.  l.  (Ter. 
hundred  and  seventy-five  of  the  General  Laws,  as  amended  fte/A^'etc., 
by  section  three  of  chapter  one  hundred  and  thirty-seven  amend^. 


292 


Acts,  1937. —Chaps.  261,  262. 


Veterans, 
etc.,  exempt 
from  payment 
of  certain 
fees. 


of  the  acts  of  nineteen  hundred  and  thirty-four,  is  hereby 
further  amended  by  adding  at  the  end  the  following :  —  ,  or 
of  or  on  account  of  his  widow  if  he  held  such  a  license  im- 
mediately prior  to  his  death,  —  so  as  to  read  as  follows :  — 
Section  167 A.  No  fee  for  an  insurance  broker's  license 
issued  under  section  one  hundred  and  sixty-six,  one  hun- 
dred and  sixty-seven  or  one  hundred  and  seventy-three 
shall  be  required  of  or  on  account  of  any  soldier,  sailor  or 
marine  resident  in  this  commonwealth  who  has  served  in 
the  army  or  navy  of  the  United  States  in  time  of  war  or 
insurrection  and  received  an  honorable  discharge  therefrom 
or  release  from  active  duty  therein,  if  he  presents  to  the 
commissioner  satisfactory  evidence  of  his  identity,  or  of  or 
on  account  of  his  widow  if  he  held  such  a  license  immedi- 
ately prior  to  his  death.  Approved  May  4,  1937. 


Chap. 261  An  Act  relative  to  the  coverage  of  policies  of  plate 

GLASS   INSURANCE,    SO    CALLED. 


G.  L.  (Ter. 

Ed.),  175, 

§  47,  amended. 


Plate  glass 
insurance. 


Be  it  enacted,  etc.,  as  follows: 

Clause  Seventh  of  section  forty-seven  of  chapter  one  hun- 
dred and  seventy-five  of  the  General  Laws,  as  appearing 
in  the  Tercentenary  Edition,  is  hereb}''  amended  b}''  in- 
serting after  the  word  "insure"  in  the  first  line  the  follo\^ing 
words :  —  against  loss  of  and  damage  to  glass,  including  let- 
tering and  ornamentation  thereon,  and,  —  so  as  to  read  as 
follows :  — 

Seventh,  To  insure  against  loss  of  and  damage  to  glass, 
including  lettering  and  ornamentation  thereon,  and  against 
loss  or  damage  caused  by  the  breakage  of  glass. 

Approved  May  4,  1937. 


Chap. 262  An  Act  to  authorize  the  placing  of  the  office  of  chief 

OF    THE    FIRE    DEPARTMENT    OF    THE    CITY    OF    CAMBRIDGE 
UNDER    THE    CIVIL   SERVICE    LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  the  fire  department  of 
the  city  of  Cambridge  shall,  upon  the  effective  date  of  this 
act,  become  subject  to  the  civil  service  laws  and  rules  and 
regulations  relating  to  permanent  members  of  fire  depart- 
ments of  cities,  and  the  tenure  of  office  of  any  incumbent 
of  such  office  shall  be  unlimited,  subject,  however,  to  such 
laws;  but  the  person  holding  said  office  on  said  effective 
date  may  continue  to  serve  as  such  without  taking  a  civil 
service  examination. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Cambridge  at  its  bien- 
nial city  election  in  the  current  year  in  the  form  of  the  fol- 
lowing question,  which  shall  be  placed  upon  the  official  bal- 
lot to  be  used  at  said  election:  —  "Shall  an  act  of  the 
General  Court  passed  in  the  current  year,  entitled  'An  Act 


Acts,  1937.  —  Chaps.  263,  264,  265.  293 

to  authorize  the  placing  of  the  Office  of  Chief  of  the  Fire  De- 
partment of  the  City  of  Cambridge  under  the  Civil  Service 
Laws',  be  accepted?"  If  a  majority  of  the  voters  voting 
upon  said  question  vote  in  the  affirmative,  section  one  shall 
thereupon  take  full  effect,  but  not  otherwise. 

Approved  May  4,  1937. 


Chap.2Qd 


An  Act  validating  the  conveyance  by  the  town  of 
webster  of  certain  park  land  located  in  said  town. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  action  of  the  town  of  Webster  whereby 
it  conveyed  to  S.  Slater  &  Sons,  Incorporated,  by  deed 
dated  June  twenty-second,  nineteen  hundred  and  twenty- 
three,  and  recorded  in  Worcester  District  Deeds,  Book 
twenty-two  hundred  and  ninety-six,  page  one  hundred  and 
forty-six,  the  land  located  on  the  south  side  of  East  Main 
street  in  said  town,  known  as  Morris  Hunt  Slater  Park, 
and  acquired  by  said  town  for  park  purposes,  is  hereby 
validated  and  confirmed  in  so  far  as  such  action  may  be 
invalid  by  reason  of  lack  of  legislative  authority  to  convey 
such  park  land. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1937. 

An  Act  requiring  the  labelling  of  taps  used  for  the  fi.f.j.  oa.A. 

SALE    OF   MALT    BEVERAGES    ON   DRAUGHT.  ■^* 

Be  it  enacted,  etc.,  as  follows: 

Section  twelve  of  chapter  one  hundred  and  thirty-eight  2\^p^'"- 
of  the  General  Laws,  as  amended,  is  hereby  further  amended  §  u,  etc..' 
by  adding  at  the  end  the  following  new  paragraph :  —  amended. 

No  malt  beverage  shall  be  sold  on  draught  from  a  tap,  Labelling 
faucet  or  other  draughting  device  unless  there  shall  plainly  "^  *'^^^" 
appear  on  or  attached  to  such  device,  in  legible  letters,  the 
brand  or  trade  name  of  the  malt  beverage  so  sold  there- 
from. Approved  May  5,  1937. 

An  Act  re-establishing  and  defining  a  portion  of  the  r>hn^  oac 

BOUNDARY"    LINE    BETWEEN    THE    TOWNS    OF    EDGARTOWN  ^' 

AND    OAK    BLUFFS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  described  line  shall  herein- 
after be  the  dividing  line  between  the  towns  of  Edgartown 
and  Oak  Bluffs  through  the  waters  of  Sengekontacket  pond, 
so  called,  sometimes  called  Sengegontacket  pond,  and  Majors 
cove,  so  called. 

Beginning  at  Edgartown-Oak  Bluffs,  2,  an  unmarked 
point  in  Sengekontacket  pond,  so  called,  said  point  being 
in  the  present  boundary  line  between  the  said  towns,  in 


294  Acts,  1937.  —  Chap.  265. 

latitude  forty-one  degrees,  twenty-four  minutes,  fifty-one 
and  eight  one  hundredths  seconds,  and  longitude  seventy 
degrees,  thirty-three  minutes,  fifteen  and  fifty-nine  one  hun- 
dredths seconds,  and  bearing  south  five  degrees,  forty-nine 
minutes  west,  true  bearing,  and  one  hundred  twenty-three 
feet  distant  from  a  witness  mark,  which  is  set  at  the  south- 
westerly end  of  Sassen  island,  so  called,  near  the  high  water 
line  of  the  pond;  said  witness  mark  being  a  rough  granite 
monument  two  and  one  tenth  feet  high  and  about  seven  by 
eight  inches  in  section,  with  the  letter  E  cut  on  the  south 
face  and  §  on  the  north  face;  thence  north,  true  bearing, 
one  thousand  four  hundred  fifty-four  feet  to  Edgartown- 
Oak  Bluffs  2A,  an  unmarked  point  in  Sengekontacket  pond, 
so  called,  in  latitude  forty-one  degrees,  twenty-five  minutes, 
five  and  forty-five  one  hundredths  seconds  and  longitude 
seventy  degrees,  thirty-three  minutes,  fifteen  and  fifty-nine 
one  hundredths  seconds,  thence  north  twenty-two  degrees, 
twenty-eight  minutes  west,  true  bearing,  two  thousand, 
four  hundred  fifty-one  feet  to  Edgartown-Oak  Bluffs,  2B, 
an  unmarked  point  in  Sengekontacket  pond,  so  called,  in 
latitude  forty-one  degrees,  twenty-five  minutes,  twenty- 
seven  and  eighty-two  one  hundredths  seconds,  and  longi- 
tude seventy  degrees,  thirty-three  minutes,  twenty-seven 
and  eighty-eight  one  hundredths  seconds,  thence  north 
forty-one  degrees,  twenty-six  minutes  west,  true  bearing, 
three  hundred  seventy-four  feet  to  Edgartown-Oak  Bluffs 
2C,  an  unmarked  point  in  Sengekontacket  pond,  so  called, 
in  latitude  forty-one  degrees,  twenty-five  minutes,  thirty 
and  fifty-nine  one  hundredths  seconds  and  longitude  seventy 
degrees,  thirty-three  minutes,  thirty-one  and  thirteen  one 
hundredths  seconds;  thence  north  seventy-six  degrees, 
twenty-nine  minutes  west,  true  bearing,  five  hundred 
ninety-four  feet  to  Edgartown-Oak  Bluffs  2D,  an  un- 
marked point  in  Sengekontacket  pond,  so  called,  in  lati- 
tude forty-one  degrees,  twenty-five  minutes,  thirty-one 
and  ninety-seven  one  hundredths  seconds,  and  longitude 
seventy  degrees,  thirty-three  minutes,  thirty-eight  and 
seventy-one  one  hundredths  seconds;  thence  south  sixty 
degrees,  seventeen  minutes  west,  true  bearing,  four  hundred 
ninety-five  feet  to  Edgartown-Oak  Bluffs  2E,  an  unmarked 
point  in  Sengekontacket  pond,  so  called,  in  latitude  forty- 
one  degrees,  twenty-five  minutes,  twenty-nine  and  fifty- 
four  one  hundredths  seconds,  and  longitude  seventy  de- 
grees, thirty-three  minutes,  forty-four  and  thirty-six  one 
hundredths  seconds;  thence  south  twenty-nine  degrees, 
forty-seven  minutes  west,  true  bearing,  eight  hundred 
twenty-six  feet  to  Edgartown-Oak  Bluffs  2F,  an  unmarked 
point  in  Sengekontacket  pond,  so  called,  at  the  mouth  of 
Majors  cove,  so  called,  in  latitude  forty-one  degrees,  twenty- 
five  minutes,  twenty-two  and  forty-six  one  hundredths  sec- 
onds and  longitude  seventy  degrees,  thirty-three  minutes, 
forty-nine  and  seventy-four  one  hundredths  seconds,  thence 
south  forty-seven  degrees,  fifteen  minutes  west  one  thou- 


Acts,  1937. —Chap.  266.  295 

sand,  three  hundred  forty  feet  to  Edgar  town-Oak  Bluffs 
2G,  an  unmarked  point  in  Majors  cove,  so  called,  in  lati- 
tude forty-one  degrees,  twenty-five  minutes,  thirteen  and 
forty-seven  one  hundredths  seconds  and  longitude  seventy 
degrees,  thirty-four  minutes,  two  and  sixty-six  one  hun- 
dredths seconds,  thence  south  sixty  degrees,  forty-seven 
minutes  west,  eight  hundred  two  feet  to  Edgartown-Oak 
Bluffs  2H,  an  unmarked  point  in  Majors  cove,  so  called,  in 
latitude  forty-one  degrees,  twenty-five  minutes,  nine  and 
sixty-one  hundredths  seconds,  and  longitude  seventy  de- 
grees, thirty-four  minutes,  eleven  and  eighty-four  one  hun- 
dredths seconds,  thence  south  one  degree,  eleven  minutes 
east,  true  bearing,  eight  hundred  eighty-one  and  eighty-five 
one  hundredths  feet  to  Edgartown-Oak  Bluffs  21,  an  un- 
marked point  in  Majors  cove,  so  called,  in  latitude  forty- 
one  degrees,  twenty-five  minutes  and  eighty-nine  one  hun- 
dredths seconds  and  longitude  seventy  degrees,  thirty-four 
minutes,  eleven  and  sixty-one  one  hundredths  seconds, 
thence  south  forty-six  degrees,  eighteen  minutes  west,  true 
bearing,  four  hundred  ninety-two  and  seventy-one  hun- 
dredths feet  to  Edgartown-Oak  Bluffs  3  W.M.,  a  granite 
monument  in  the  present  boundary  line,  about  four  feet 
high  and  about  seven  inches  square,  marked  with  the  let- 
ters c  on  the  north  face  and  the  letter  E  on  the  south  face, 
situated  at  the  head  of  Majors  cove,  so  called,  about  fifty 
feet  from  the  low  water  mark  and  about  one  fourth  of  a 
mile  northeast  of  Benjamin  H.  Kidder's  house,  in  latitude 
forty-one  degrees,  twenty-four  minutes,  fifty-seven  and  fifty- 
three  one  hundred  seconds  and  longitude  seventy  degrees, 
thirty-four  minutes,  sixteen  and  twenty-eight  one  hun- 
dredths seconds. 

Section  2.  The  department  of  public  works  is  hereby 
directed  to  locate  and  mark  the  line  described  in  section 
one,  by  setting  such  witness  monuments  as  may  be  required. 
For  this  purpose,  there  may  be  expended  such  sums,  not 
exceeding,  in  the  aggregate,  one  thousand  dollars,  as  may 
hereafter  be  appropriated  therefor. 

Section  3.  Upon  the  completion  of  the  work  herein 
provided  for,  said  department  shall  file  in  the  office  of  the 
state  secretary,  and  in  the  registry  of  deeds  for  the  county 
of  Dukes  county,  a  plan  showing  the  boundary  fine  hereby 
estabhshed  and  the  monuments  marking  the  same. 

Approved  May  5,  1937. 


An  Act  providing  for  the  holding  of  biennial  municipal  fhnj)  ofifi 

ELECTIONS    IN    THE    CITY    OF    MELROSE    IN    ODD-NUMBERED  ^' 

YEARS  AND  ESTABLISHING  THE  DATE  OF  SAID  ELECTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Beginning  with  the  year  nineteen  hundred 
and  forty-one,  municipal  elections  in  the  city  of  Melrose  for 
the  choice  of  mayor,  members  of  the  board  of  aldermen  and 


296  Acts,  1937.  —  Chap.  266. 

members  of  the  school  committee  shall  be  held  biennially 
on  the  second  Tuesday  of  November  in  every  odd-numbered 
year. 

Section  2.  At  the  biennial  municipal  election  to  be  held 
in  said  city  in  the  year  nineteen  hundred  and  thirty-eight, 
the  mayor  and  members  of  the  board  of  aldermen  shall  be 
elected  for  terms  of  three  years  each,  and  at  each  biennial 
municipal  election  thereafter  shall  be  elected  for  terms  of 
two  years  each. 

Section  3.  At  the  biennial  municipal  election  to  be  held 
in  said  city  in  the  year  nineteen  hundred  and  thirty-eight, 
the  members  of  the  school  committee  to  be  elected  thereat 
shall  be  elected  to  hold  office  until  the  qualification  of  their 
successors  who  shall  be  elected  at  the  biennial  municipal 
election  in  the  year  nineteen  hundred  and  forty-three.  The 
term  of  office  of  the  members  of  the  school  committee  elected 
in  the  year  nineteen  hundred  and  thirty-sLx  shall  continue 
until  the  qualification  of  their  successors  who  shall  be  elected 
at  the  biennial  municipal  election  in  the  year  nineteen  hun- 
dred and  forty-one.  Beginning  with  the  biennial  municipal 
election  to  be  held  in  the  year  nineteen  hundred  and  forty- 
one,  all  members  of  the  school  committee  shall  be  elected 
for  terms  of  four  years  each. 

Section  4.  No  regular  municipal  election  shall  be  held 
in  said  city  in  the  year  nineteen  hundred  and  thirty-nine  or 
nineteen  hundred  and  forty. 

Section  5.  The  inauguration  meeting  of  the  city  govern- 
ment of  said  city  shall  be  held  on  the  first  Monday  of  Janu- 
ary following  the  election  of  its  members;  provided,  that,  if 
the  first  Monday  of  January  falls  on  a  holiday,  said  meeting 
shall  take  place  on  the  following  day.  The  terms  of  office 
of  the  members  of  the  school  committee  shall  commence  on 
the  first  Monday  of  January  following  their  election,  or,  if 
said  first  Monday  of  January  falls  on  a  holiday,  on  the  follow- 
ing day. 

Section  6.  Such  provisions  of  chapter  one  hundred  and 
sixty-two  of  the  acts  of  eighteen  hundred  and  ninety-nine 
and  of  chapter  four  hundred  and  thirty-one  of  the  acts  of 
nineteen  hundred  and  twenty-two,  and  acts  in  amendment 
thereof  or  in  addition  thereto,  as  are  inconsistent  with  this 
act  are  hereby  repealed. 

Section  7.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  city  of  Melrose  at  the  next  biennial  state  elec- 
tion in  the  form  of  the  following  question  which  shall  be 
placed  upon  the  official  ballot  to  be  used  in  said  city  at  said 
election:  —  "Shall  an  act  passed  by  the  general  court  in  the 
year  nineteen  hundred  and  thirty-seven,  entitled  'An  Act 
providing  for  the  holding  of  biennial  municipal  elections  in 
the  city  of  Melrose  in  odd-numbered  years  and  establishing 
the  date  of  said  elections',  be  accepted?"  If  a  majority  of 
the  voters  voting  thereon  vote  in  the  affirmative  in  answer 
to  said  question,  then  this  act  shall  thereupon  take  full  effect 
in  said  city,  but  not  otherwise.        Approved  May  5,  1937. 


Acts,  1937. —Chap.  267.  297 


An  Act  relative  to  the  use  of  precincts  in  certain  Qhnjj  267 

TOWNS  IN  the  formation  OF  REPRESENTATIVE  DISTRICTS.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  fiftj^-four  of  the  General  Laws  is  g.  l.  (Tor. 
hereby  amended  by  inserting  after  section  nine,  as  appear-  ne^w  section 
ing  in  the  Tercentenary  Edition,  the  following  new  section:  9 a,  added. 
—  Section  9 A.     Notwithstanding  any  authorization  or  re- Change  of 
quirement  in  sections  six  to  nine,  inclusive,  or  in  any  special  resTrkted. 
law,  any  precinct  wherein  the  legal  voters  have  been  enu- 
merated at  any  special  enumeration  as  required  by  the  con- 
stitution shall  remain  unchanged  for  the  purpose  of  forming 
representative  districts  based  on  said  enumeration  until  the 
formation  thereof  as  aforesaid  and,  if  such  precinct  is  in  a 
town  the  territory  of  which  in  such  formation  is  included 
in  two  or  more  representative  districts,  shall  remain  un- 
changed for  the  purpose  of  electing  representatives  so  long 
as  such  districts  are  required  by  the  constitution  to  be  used 
for  such   purpose;    provided,   that,   during  the  month  of 
December  in  the  year  nineteen  hundred  and  forty-four  and 
in  every  tenth  year  thereafter,  the  precincts  of  any  town 
the  territory  of  which  is  then  included  in  two  or  more  rep- 
resentative districts  may  be  revised  by  the  selectmen  thereof, 
in  the  manner  provided  by  law  for  such  town,  for  use  in  the 
next  succeeding  special  enumeration  and  formation  of  rep- 
resentative districts. 

Section  2.    Section  three  of  chapter  forty-three  A  of  the  g.  l.  (Ter. 
General  Laws,  as  so  appearing,  is  hereby  amended  by  add-  f  3/amended. 
ing  at  the  end  of  the  first  paragraph  the  following  new  sen- 
tence :  —  The  foregoing  provisions  of  this  section  shall  not 
authorize  any  action  contrary  to  the  provisions  of  section 
nine  A  of  chapter  fifty-four,  —  so  that  said  first  paragraph 
will  read  as  follows :  —  Upon  the  adoption  as  aforesaid  of  ^f^pre^ncta 
such  standard  form  of  representative  town  meeting  govern-  in  certain 
ment  by  a  town,  its  selectmen  shall  forthwith  divide  the  *°^"^- 
territory  thereof  into  voting  precincts,  each  of  which  shall 
be  plainly  designated  and  shall  contain  not  less  than  four 
hundred  registered  voters.    The  precincts  shall  be  so  estab- 
Hshed  as  to  consist  of  compact  and  contiguous  territory  to 
be  bounded,  as  far  as  possible,  by  the  center  line  of  known 
streets  and  ways  or  by  other  well-defined  limits.     Their 
boundaries  shall  be  reviewed,  and,  if  need  be,  wholly  or 
partly  revised,  by  the  selectmen  in  December,  once  in  five 
years,  or  in  December  of  any  year  when  so  directed  by  a 
vote  of  a  representative  town  meeting  held  not  later  than 
November  twentieth  of  that  year.     The  foregoing  provi- 
sions of  this  section  shall  not  authorize  any  action  con- 
trary to  the  provisions  of  section  nine  A  of  chapter  fifty- 
four.  Approved  May  5,  1937. 


298 


Acts,  1937. —Chaps.  268,  269. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.).  138. 
§  33,  etc., 
amended. 


Closing  time 
of  package 
stores. 


Chav.2QS  An  Act  relative  to  the  closing  time  on  certain  legal 

HOLIDAYS    OF   PACKAGE    STORES,    SO    CALLED. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-three  of  chapter  one  hundred  and  thirty- 
eight  of  the  General  Laws,  as  amended,  is  hereby  further 
amended  by  striking  out,  in  the  tweKth  and  thirteenth  lines 
of  the  last  sentence,  as  appearing  in  section  two  of  chapter 
two  hundred  and  twenty-five  of  the  acts  of  nineteen  hun- 
dred and  thirty-six,  the  words  "or  after  six  o'clock  post 
meridian",  —  so  as  to  read  as  follows:  —  Section  33.  No 
licensee  under  section  twelve  shall  sell  and  no  licensee  under 
section  fifteen  shall  sell  or  deliver  any  alcoholic  beverages, 
and  no  registered  pharmacist  acting  under  section  twenty- 
nine  and  no  licensee  under  section  thirty  A  shall  sell  any 
alcoholic  beverages  or  alcohol  without  a  physician's  pre- 
scription, during  polling  hours  on  any  daj^  on  which  a  state 
or  municipal  election,  caucus  or  primary  is  held  in  the  city 
or  town  in  which  such  licensed  place  is  conducted;  pro- 
vided, that  the  foregoing  restrictions  shall  not  apply  in  the 
case  of  such  an  election,  primary  or  caucus  if  the  local 
licensing  authorities  issue  an  order  to  that  effect  applicable 
alike  to  all  licensees  of  every  class  subject  to  such  restric- 
tions. No  holder  of  a  tavern  license  shall  sell  any  alcoholic 
beverages  on  Sundays,  no  other  licensee  under  section  twelve 
shall  sell  any  such  beverages  on  Sundays  before  one  o'clock 
post  meridian,  no  registered  pharmacist  acting  under  section 
twenty-nine  and  no  licensee  under  section  thirty  A  shall  sell 
any  alcoholic  beverages  or  alcohol  without  a  prescription  on 
Sundays  or  legal  holidays,  no  licensee  under  section  fifteen 
shall  sell  or  deliver  any  alcoholic  beverages  on  Sundays  or 
on  May  thirtieth.  Thanksgiving  day  or  Christmas  day  or 
on  the  day  following  when  May  thirtieth  or  Christmas  day 
occurs  on  Sunday,  or  on  any  other  legal  holiday  before  one 
o'clock  post  meridian  and  no  licensee  under  any  other  sec- 
tion of  this  chapter  for  the  sale  of  alcoholic  beverages  not 
to  be  drunk  on  the  premises  shall  sell  or  deliver  any  such 
beverages  or  alcohol  on  Sundays  or  legal  holidays. 

Approved  May  6,  1937. 


C/iax>. 269  An  Act  relative  to  the  taking  of  trout  from  great 

PONDS  STOCKED  WITH  TROUT  BY  THE  DIRECTOR  OF  THE 
DIVISION  OF  FISHERIES  AND  GAME  OF  THE  DEPARTMENT 
OF   CONSERVATION. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 


Emergency 
preamble. 


Acts,  1937.  —  Chap.  270.  299 

emergency  law,  necessary  for  the  immediate  preservation  of 
the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty-nine  of  chapter  one  hundred  and  thirty-one  g.  l.  (Ter. 
of  the  General  Laws,  as  amended  by  section  two  of  chapter  f  59'it^c\' 
four  hundred  and  twentj^-five  of  the  acts  of  nineteen  hun-  amended.' 
dred  and  thirty-six,  is  hereby  further  amended  by  inserting 
after  the  word  "commonwealth"  in  the  fifth  line  the  fol- 
lowing :  —  or  from  any  great  pond  within  the  commonwealth 
stocked  with  trout  under  authority  of  section  forty,  —  so  as 
to  read  as  follows:  —  Section  59.     No  person  shall  in  any  Limit  of 
one  day  take  from  the  waters  of  the  commonwealth  a  total  '^'^*'^^- 
of  more  than  fifteen  trout,  nor  shall  any  person  in  any  one 
day  take  more  than  five  trout  from  the  Deerfield  river  or 
its  diverted  waters  within  the  commonwealth  or  from  any 
great  pond  within  the  commonwealth  stocked  with  trout 
under  authority  of  section  forty,  nor  shall  there  be  taken  in 
any  one  day  from  the  waters  of  Onota  lake  in  the  city  of 
Pittsfield  trout  to  a  number  exceeding  eight,  or  of  an  aggre- 
gate weight  exceeding  ten  pounds,  if  taken  by  one  person, 
or  to  a  number  exceeding  fifteen,  or  of  an  aggregate  weight 
exceeding  twenty  pounds,  if  taken  by  two  or  more  persons 
angling  from  the  same  boat  or  raft;  provided,  that  if  at  any 
time  the  aggregate  weight  of  the  trout  then  taken  from  the 
waters  of  said  Onota  lake  is  less  than  the  aggregate  weight 
limit  and  the  taking  of  another  trout  will  cause  said  limit 
to  be  exceeded  the  taking  of  such  other  trout  shall  be  lawful 
if  thereby  the  limit  as  to  number  is  not  exceeded. 

Approved  May  6,  1937. 

An  Act  relative  to  filing  with  the  department  of  pub-  pi       o'jci 
Lie  utilities  by  the  department  of  public  works  of  ^f^^P-^'^ 

LISTS  of  grade  crossings  WHICH  SHOULD  BE  ABOLISHED. 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty-five  of  chapter  one  hundred  and  fifty-nine  of  G- l.  (Ter. 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition,  §  e'o,'  amended, 
is  hereby  amended  by  inserting  after  the  word  "considera- 
tion" in  the  sixth  fine  the  following:  —  ,  to  which  lists  addi- 
tional grade  crossings  may  from  time  to  time  be  added  by 
said  department  of  public  works,  —  so  as  to  read  as  follows: 
—  Section  65.     The  department  of  public  works  shall  pro-  Abolition 
ceed  to  make  an  investigation  of  crossings  where  a  public  of  grade 
or  private  way  and  a  railroad  cross  each  other  at  grade,  ''''°^®'°^^- 
in  sections  sixty-five  to  eighty-two,  inclusive,  referred  to  as 
grade  crossings.     Said  department  shall  annually  on  or  be- 
fore October  first  file  with  the  department  of  pubhc  utilities 
lists  of  grade  crossings  the  abolition  of  which  it  suggests  for 
early  consideration,  to  which  hsts  additional  grade  crossings 
may  from  time  to  time  be  added  by  said  department  of 
pubhc  works.     Such  lists  shall  state  the  names  of  the  grade 
crossings,  the  names  of  the  corporations  operating  the  rail- 


300  Acts,  1937.  —  Chap.  271. 

roads  crossed  and  the  counties,  cities  and  towns  in  which 
such  crossings  are  located.  The  department  of  pubhc  works 
shall  receive  all  petitions  for  the  abolition  of  grade  crossings 
from  the  aldermen  of  the  city,  the  selectmen  of  the  town,  or 
the  county  commissioners  of  the  county,  where  such  a  cross- 
ing exists,  or  the  board  of  directors  of  the  railroad  corporation 
operating  the  railroad  crossed,  and  after  a  hearing,  due  notice 
of  which  shall  have  been  given  to  said  railroad  corporation, 
city  or  town  and  county,  may  in  its  discretion  place  said 
crossing  on  one  of  said  lists.  The  department  of  public  utili- 
ties, after  due  notice  to  the  department  of  public  works,  the 
counties  and  municipalities  in  which  such  crossings  are 
located  and  the  railroad  corporations  operating  the  railroads 
crossed,  shall  proceed  to  hold  public  hearings  upon  such  lists 
and  such  additional  grade  crossings  as  the  department  of 
public  works  shall  have  notified  it  to  include.  Upon  the 
completion  of  such  hearings  the  department  of  public  utili- 
ties by  order  shall  designate  a  program  of  grade  crossings  the 
abolition  of  which  shall  be  considered;  provided,  that  such 
program  order  may  be  amended  or  revised  from  time  to  time 
by  the  department  of  public  utilities  on  request  of  the  depart- 
ment of  public  works.  In  establishing  such  program  the 
department  of  public  utilities  shall  take  into  consideration 
the  relative  security  and  convenience  of  the  public  likely  to 
result  from  the  abolition  of  each  particular  grade  crossing 
mcluded  therein  as  compared  with  the  abolition  of  other 
grade  crossings.  Such  program  order  shall  state  with  respect 
to  each  grade  crossing  the  name  of  the  crossing,  the  name  of 
the  railroad  corporation  operating  the  railroad  crossed,  and 
the  names  of  the  counties,  cities  and  towns  in  which  the  cross- 
ing is  located.  A  copy  of  such  program  order  and  amend- 
ments and  revisions  thereof  shall  be  filed  in  the  office  of  the 
department  of  public  utihties  and  of  the  department  of  pub- 
lic works.  Approved  May  6,  1937. 


Chap. 271  An  Act  requiring  certain  members  of  the  state  re- 
tirement SYSTEM  TO  MAKE  CERTAIN  INSTALMENT  PAY- 
MENTS  IN    FULL   BEFORE   ATTAINING   AGE   SIXTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  three  hundred  and  sixty  of  the 
acts  of  nineteen  hundred  and  thirty-four  is  hereby  amended 
by  inserting  after  the  word  ''payments"  in  the  twentieth 
line  the  words :  —  by  instalments,  —  and  by  inserting  after 
the  word  "made"  in  the  same  fine  the  words:  —  in  full, — 
so  as  to  read  as  follows :  —  Section  5.  This  act  shall  apply 
in  the  case  of  any  present  member  of  the  state  retirement 
association,  formerly  a  member  of  a  county,  city  or  town 
contributory  retirement  association  established  in  accord- 
ance with  law  and  maintained  by  public  funds,  who  would 
have  been  entitled  to  the  benefits  conferred  by  the  fore- 
going provisions  of  this  act  if  they  had  been  in  effect  at  the 


Acts,  1937. —Chaps.  272,  273.  301 

time  of  his  entry  into  the  service  of  the  commonwealth,  and 
if  at  the  date  of  entry  as  aforesaid  his  account  in  the  annuity 
fund  of  such  county,  city  or  town  contributory  retirement 
association  had  been  transferred  to  the  state  treasurer  to 
become  a  part  of  his  account  in  the  annuity  fund  of  the 
state  retirement  association;  provided,  that  such  member, 
prior  to  the  expiration  of  five  years  from  the  effective  date 
of  this  act,  pays  to  the  state  retirement  association  in  one 
sum,  or  by  monthly  instalments,  equal  as  nearly  as  may  be, 
the  amount  of  such  account  and  a  further  amount  or  amounts 
which  shall  be  equal  to  the  interest  which  would  have  been 
earned  on  the  amount  of  such  account  if  it  had  been  trans- 
ferred at  the  time  of  entry  as  aforesaid;  and  provided,  fur- 
ther, that  all  payments  by  instalments  hereunder  shall  be 
made  in  full  before  said  member  attains  age  sixty. 

Approved  May  6,  1937. 

An  Act  transferring  certain  drivers  of  patrol  wagons  fhn^  272 

AND    ambulances    OF    THE    POLICE    DEPARTMENT    OF    THE  ^  * 

CITY   OF   PITTSFIELD    TO   THE   RANK    OF  REGULAR    OFFICERS 
OF   SAID    DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  William  B.  Kirtland,  Glenn  H.  Bond  and 
Leo  T.  Sullivan,  now  drivers  of  patrol  wagons  and  ambu- 
lances of  the  police  department  of  the  city  of  Pittsfield,  are 
hereby  made  regular  officers  of  said  police  department  with- 
out further  examination,  shall  continue  to  perform  the  duties 
of  drivers  as  aforesaid,  and  shall  hereafter  be  entitled  to  all 
the  benefits  and  protection  of  the  civil  service  laws,  and 
the  rules  and  regulations  made  thereunder,  relative  to  such 
officers. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  j'ear  by  vote  of  the  city  council  of 
said  city,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  May  6,  1937. 

As  Act  relative  to  the  eligibility  of  widows  of  certain  (Jhd'p  273 

WAR  VETERANS  TO  RECEIVE  STATE  AID  AND  OF  WIVES  OR      ^' 
WIDOW^S  OF  SUCH  VETERANS  TO  BE  BURIED  AT  PUBLIC 
EXPENSE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seven  of  chapter  one  hundred  and  EdViis"^' 
fifteen  of  the  General  Laws,  as  appearing  in  the  Tercentenary  s  7,  amended. 
Edition,  is  hereby  amended  by  striking  out,  in  the  sixteenth 
and  seventeenth  lines,  the  word  "twenty-eight"  and  insert- 
ing in  place  thereof  the  word :  —  thirty-three,  —  so  as  to  read 
as  follows :  —  Section  7.     The  wife  of  a  discharged  soldier  Eligibility  of 
or  sailor  shall  not  be  held  to  belong  to  any  of  the  foregoing  7ec^ivi etite 
classes,  nor  shall  she  receive  state  aid  unless,  if  the  service  *''^- 
of  the  soldier  or  sailor  was  in  the  war  with  Spain,  the 


302 


Acts,  1937.  —  Chap.  273. 


G.  L.  (Ter. 
Ed.),  115. 
§  19.  etc., 
amended. 


Burial  agents, 
powers  and 
duties. 


Burial  of 
wives,  etc., 
of  veterans. 


Philippine  Insurrection  or  the  China  Rehef  Expedition,  she 
was  married  to  him  before  his  final  discharge  from  such 
service,  and,  if  his  widow,  before  September  first,  nineteen 
hundred  and  twenty-two,  and  if  his  service  was  in  the  civil 
war  unless  she  was,  if  his  wife,  married  to  him  prior  to  his 
final  discharge  from  such  service,  and,  if  his  widow,  prior  to 
June  twenty-seventh,  eighteen  hundred  and  ninety,  and  if 
the  service  of  the  soldier  was  in  any  Indian  war  or  campaign 
unless  she  was,  if  his  wife,  married  to  him  prior  to  his  final 
discharge  from  such  service,  and,  if  his  widow,  prior  to  March 
fourth,  nineteen  hundred  and  seventeen,  and  if  the  service 
of  the  soldier  or  sailor  was  on  the  Mexican  border  or  in  the 
world  war  unless  she  was,  if  his  wife,  married  to  him  prior 
to  his  final  discharge  from  the  service  or  release  from  active 
duty  therein,  and,  if  his  widow,  prior  to  January  first,  nine- 
teen hundred  and  thirty-three. 

Section  2.  Section  nineteen  of  said  chapter  one  hundred 
and  fifteen,  as  most  recently  amended  by  section  one  of  chap- 
ter three  hundred  and  thirty-six  of  the  acts  of  nineteen  hun- 
dred and  thirty-four,  is  hereby  further  amended  by  striking 
out,  in  the  thirty-ninth  and  fortieth  lines,  the  word  "twenty- 
eight"  and  inserting  in  place  thereof  the  word:  —  thirty- 
three,  —  so  as  to  read  as  follows:  —  Section  19.  The  mayor 
of  each  city  and  the  selectmen  of  each  town  or,  in  Boston,  the 
soldiers'  relief  commissioner,  shall  designate  a  burial  agent, 
who  shall  not  be  one  of  the  board  of  pubHc  welfare  or  be 
employed  by  said  board,  and  who  shall,  under  regulations 
established  by  the  commissioner,  cause  properly  to  be  in- 
terred the  body  of  any  honorably  discharged  soldier  or  sailor 
who  served  in  the  army  or  navy  of  the  United  States  during 
the  war  of  the  rebellion,  or  in  the  Indian  campaigns  if  he  died 
in  receipt  of  a  pension  from  the  United  States,  or  during  the 
war  between  the  United  States  and  Spain  or  the  Philippine 
insurrection  after  February  fourteenth,  eighteen  hundred 
and  ninety-eight  and  prior  to  July  fourth,  nineteen  hundred 
and  two,  or  in  the  Mexican  border  service  of  nineteen  hun- 
dred and  sixteen  and  of  nineteen  hundred  and  seventeen,  or 
in  the  world  war;  provided,  that  the  soldier  or  sailor  died 
in  such  service  or  after  an  honorable  discharge  therefrom  or 
release  from  active  duty  therein;  and  shall  also  so  inter  the 
body  of  his  wife,  widow  or  dependent  father  or  mother,  and 
the  bodies  of  army  nurses  entitled  to  state  aid  under  section 
six,  if  they  die  without  sufficient  means  to  defray  funeral 
expenses,  and  the  bodies  of  dependent  children  eighteen 
years  of  age  or  under,  of  such  soldier  or  sailor,  if  such  soldier 
or  sailor  and  his  wife,  or  his  widow,  be  without  sufficient 
means  to  defray  funeral  expenses;  but  no  wife  or  widow  of 
any  soldier  or  sailor  of  the  civil  war  shall  be  entitled  to  the 
benefits  of  this  section  unless  she  was  married  to  him  prior 
to  June  twenty-seventh,  eighteen  hundred  and  ninety,  and 
no  wife  or  widow  of  any  soldier  of  the  Indian  campaigns 
unless  she  was  married  to  him  prior  to  March  fourth,  nine- 
teen hundred  and  seventeen,  and  unless  she  was,  if  his  widow, 


Acts,  1937. —Chap.  274.  303 

in  receipt  of  a  pension  under  the  act  of  congress  of  March 
fourth,  nineteen  hundred  and  seventeen,  and  no  wife  or 
widow  of  any  soldier  or  sailor  of  the  Spanish  war,  or  the 
Philippine  insurrection,  unless  she  was  married  to  him  prior 
to  September  first,  nineteen  hundred  and  twenty-two;  and 
no  wife  or  widow  of  any  soldier  or  sailor  of  the  Mexican 
border  service  or  of  the  world  war  unless  she  was  married  to 
him  on  or  before  January  first,  nineteen  hundred  and  thirty- 
three.  If  an  interment  has  taken  place  without  the  knowledge 
of  the  burial  agent,  application  may  be  made  to  him  within 
thirty  days  after  the  date  of  death,  or  after  final  interment  if 
the  soldier  or  sailor  dies  in  the  world  war  service;  and  if  upon 
investigation  he  shall  find  that  the  deceased  was  within  the 
provisions  of  this  section  and  the  rules  of  the  commissioner, 
he  may  certify  the  same  as  provided  in  the  following  section. 

Approved  May  6,  1937. 


An  Act  relative  to  the  time  during  which  savings  (Jhnj)  074 

BANKS  AND  SAVINGS  DEPARTMENTS  OF  TRUST  COMPANIES 
MAY  HOLD  REAL  ESTATE  ACQUIRED  BY  THEM  BY  FORE- 
CLOSURE OF  MORTGAGES  OR  AT  CERTAIN  SALES  AND  RELA- 
TIVE TO  THE  EXEMPTION  FROM  TAXATION  OF  THEIR  DE- 
POSITS INVESTED  IN  SUCH  REAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Paragraph  (c)  of  section  twelve  of  chapter  g.  l.  (Ter. 
sixty-three  of  the  General  Laws,  as  appearing  in  the  Ter-  fmende^d.^  ^^' 
centenary  Edition,  is  hereby  amended  by  adding  at  the  end 
the  following:  —  ,  and  for  such  additional  time  as  the  com- 
missioner of  banks  may,  under  said  clause,  permit  said  cor- 
poration to  retain  said  real  estate,  —  so  as  to  read  as  fol- 
lows :  — 

(c)  Real  estate  the  title  of  which  has  been  acquired  by  Certain 
foreclosure  or  purchase  under  clause  twelfth  of  section  fifty-  exempr/rom 
four  of  chapter  one  hundred  and  sixty-eight,  for  five  years  taxation, 
after  the  title  thereof  is  vested  in  the  corporation,  and  for 
such  additional  time  as  the  commissioner  of  banks  may, 
under  said  clause,  permit  said  corporation  to  retain  said  real 
estate. 

Section  2.     Clause  twelfth  of  section  fifty-four  of  chap-  g.  l.  (Ter. 
ter  one  hundred  and  sixty-eight  of  the  General  Laws,  as  §^54/ amended. 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended  by 
adding  at  the  end  thereof  the  following: — ;   provided,  that 
such  additional  time  for  the  sale  of  such  real  estate  shall  be 
granted  for  periods  not  longer  than  one  year  each,  —  so  as  to 
read  as  follows:  —  Twelfth.    Such  corporation  may  hold  real  Real  estate 
estate  acquired  by  the  foreclosure  of  a  mortgage  owned  by  forlciolure^ 
it,  or  by  purchase  at  sales  made  under  the  provisions  of  such 
mortgages  or  upon  judgments  for  debts  due  to  it,  or  in  settle- 
ments effected  to  secure  such  debts.    Such  corporation  shall 
sell  all  such  real  estate  within  five  years  after  the  title  thereof 
is  vested  in  it,  and  notwithstanding  the  provisions  of  clause 


304 


Acts,  1937. —Chaps.  275,  276. 


First  may  take  a  mortgage  thereon  from  a  bona  fide  pur- 
chaser to  secure  the  whole  or  a  part  of  the  purchase  price; 
but  the  commissioner  may,  on  petition  of  the  board  of  invest- 
ment of  such  corporation,  and  for  cause,  grant  an  additional 
time  for  the  sale  of  the  same  or  of  the  securities  mentioned 
in  the  following  clause;  provided,  that  such  additional  time 
for  the  sale  of  such  real  estate  shall  be  granted  for  periods 
not  longer  than  one  year  each.  Approved  May  6,  1937. 


G.  L.  (Ter. 
Ed.)p  54,  new 
section  85A, 
added. 

Challenger 
of  voters, 
appointment. 


Chap.275  An  Act  relative  to   the   challenging   of  voters   at 

POLLING    PLACES    AT    CERTAIN    ELECTIONS,    PRIMARIES   AND 
CAUCUSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fifty-four  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  eighty-five,  as 
appearing  in  the  Tercentenary  Edition,  the  following  new 
section:  —  Section  85 A.  The  state  committee  of  a  political 
party  may  appoint  a  person  to  act  as  a  challenger  of  voters 
at  any  polling  place  in  the  commonwealth  at  a  state  election, 
and  a  city  or  town  committee  of  such  a  party,  in  a  city  or 
town  in  which  municipal  officers  are  nominated  by  prima- 
ries or  by  caucuses  of  political  parties,  may  appoint  a  per- 
son to  act  as  such  challenger  at  any  polling  place  in  such 
city  or  town  at  a  municipal  election.  Such  challenger  may 
challenge  any  voter  during  the  hours  that  said  polling  place 
is  open  for  the  purpose  of  voting;  and  a  statement  signed 
by  the  chairman  of  the  committee  appointing  him  shall  be 
sufficient  evidence  of  his  right  so  to  act.  He  may  be  compen- 
sated for  his  services  by  the  political  party  whose  committee 
appointed  him.  He  shall  be  assigned  by  the  election  officer 
presiding  at  the  polling  place  to  such  position  within  the 
polling  place  as  will  enable  him  to  see  and  hear  each  voter 
as  he  offers  to  vote.  Nothing  herein  contained  shall  deprive 
any  other  person  of  the  right  to  challenge  a  voter  as  provided 
by  law. 

Section  2.  The  application  of  the  provisions  of  the  pre- 
ceding section  to  state  and  party  primaries  and  city  and 
town  primaries  and  caucuses  shall  be  governed  by  sections 
twentj^-four  and  seventy-one  of  chapter  fifty-three  of  the 
General  Laws,  and  section  seventy-one  of  chapter  fifty-four 
of  the  General  Laws  shall  apply  with  respect  to  any  chal- 
lenger of  voters  appointed  under  section  eighty-five  A  of 
said  chapter  fifty-four.  Approved  May  6,  1937. 


Certain  sec- 
tions of  law 
to  apply. 


Chap. 27Q  An  Act  relative  to  subrogation  of  the  federal  deposit 
insurance  corporation  to  certain  rights  after  pay- 
ment OF  insured  deposits. 

Be  it  enacted,  etc.,  as  follows: 

g.l.  (Ter.  Section  forty-eight  of  chapter  one  hundred  and  seventy- 

§'48,'etc.,'         two  of  the  General  Laws,  as  amended  by  section  twenty- 
amended. 


Acts,  1937. —Chaps.  277,  278.  305 

three  of  chapter  three  hundred  and  forty-nine  of  the  acts  of 
nineteen  hundred  and  thirty-four,  is  hereby  further  amended 
by  adding  at  the  end  the  following  new  paragraph :  — 

(c)  Upon  payment  by  the  Federal  Deposit  Insurance  Cor-  subrogation 
poration  of  the  insured  portion  of  any  deposit  in  any  such  r/ghts*onn- 
corporation  in  possession  of  the  commissioner  pursuant  to  sured  deposits, 
section  twenty-two  of  chapter  one  hundred  and  sixty-seven, 
or  in  the  hands  of  a  conservator  appointed  by  the  commis- 
sioner pursuant  to  section  eighty-three  of  this  chapter,  said 
insurance  corporation  shall  be  subrogated  to  the  rights  of 
the  person  to  whom  such  insurance  was  so  paid  to  receive 
the  same  distribution  from  the  proceeds  of  assets  and  claims 
of  such  corporation  as  would  have  been  payable  to  him  on  a 
claim  for  the  insured  portion  of  such  deposit,  but  he  shall 
retain  his  right  to  receive  distribution  on  so  much  of  his 
claim  as  represents  the  uninsured  portion  of  his  deposit. 

Approved  May  6,  1937. 

An  Act  protecting  needy  persons  from  the  public  view  CJiav.277 

WHILE  applying  FOR  PUBLIC  RELIEF  AND  SUPPORT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventeen  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  section  three,  as  appear-  new  section 
ing  in  the  Tercentenary  Edition,  the  following  new  section:  3a,  added. 
—  Section  3A.     In  cities,  and  in  towns  of  more  than  ten  Applicants 
thousand  inhabitants,  each  applicant  for  relief  and  support  interviewed, 
shall  be  interviewed  privately  in  a  room  or  compartment  from 
which  shall  be  excluded  all  persons,  other  than  such  appli- 
cant, such  persons  as  shall  accompany  him  at  his  request, 
and  members,  agents  and  employees  of  the  board  of  public 
welfare.  Approved  May  6,  1937. 

An  Act  clarifying  the  provisions  of  law  with  refer-  Chav.27S 

ENCE  TO  APPEALS  FROM  DECISIONS  OF  BOARDS  OF  HEALTH 
IN   RESPECT   TO   NUISANCES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is  g.  l.  (Ter, 
hereby  amended  by  striking  out  section  one  hundred  and  §  ui.  amended, 
forty-one,  as  appearing  in  the  Tercentenary  Edition,  and  in- 
serting in  place  thereof  the  following:  —  Section  1^1 .     Who-  Appeals  from 
ever  is  aggrieved  by  the  neglect  or  refusal  of  the  board  boards"of° 
of  health  to  pass  all  proper  orders  abating  a  nuisance,  in  ^<^^'''*- 
accordance  with  any  provision  of  sections  one  hundred  and 
twenty-two  to  one  hundred  and  thirty-nine,  inclusive,  may 
apply  to  the  county  commissioners,  who  may  hear  and  deter- 
mine such  application  and  exercise  in  such  case  all  of  the 
powers  of  said  board.     The  appUcant  shall,  within  twenty- 
four  hours  after  such  neglect  or  refusal,  file  with  said  board  a 
written  notice  to  the  adverse  party  of  his  intention  so  to 
apply  to  the  county  commissioners,  and  within  seven  days 


306  Acts,  1937.  —  Chaps.  279,  280. 

after  the  filing  of  said  written  notice  shall  present  a  petition 
to  one  of  the  county  commissioners,  stating  the  grievance 
complained  of  and  the  action  of  the  board  of  health  thereon 
or  the  neglect  or  refusal  of  said  board  to  act  thereon,  as  the 
case  may  be.  Approved  May  6,  1937. 

Chap.279  An  Act  establishing  the  salaries  of  the  district  at- 
torney AND  the  assistant  DISTRICT  ATTORNEYS  OF  THE 
SOUTHERN   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

EdV'  i2^§  15        Section  1.     Section  fifteen  of  chapter  twelve  of  the  Gen- 
etc!,  amended!    eral  Laws,  as  amended  by  section  two  of  chapter  four  hun- 
dred and  fifty-eight  of  the  acts  of  nineteen  hundred  and 
thirty-five,  is  hereby  further  amended  by  striking  out  the 
paragraph  contained  in  the  eighth  fine  and  inserting  in  place 
thereof  the  following  paragraph :  — 
frlitTttoraey         For  the  southern  district,  six  thousand  dollars, 
G.  L.  (Ter.  SECTION  2.     Sectioii  sixteen  of  said  chapter  twelve,  as 

ftl!  amended,    amended  by  section  three  of  said  chapter  four  hundred  and 
fifty-eight,  is  hereby  further  amended  by  striking  out  the 
paragraph  contained  in  the  twenty-third  and  twenty-fourth 
lines  and  inserting  in  place  thereof  the  following  paragraph :  — 
aasSants^  For  the  southem  district,  assistant,  thirty-six  hundred  dol- 

lars; second  assistant,  three  thousand  dollars. 

Approved  May  6,  1937. 

Chap.2S0  An  Act  authorizing  the  town  of  reading  to  establish 

REGULATIONS   REQUIRING   OWNERS   TO   CONNECT  WITH   THE 
common    SEWER   THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  fourteen  of  the 
acts  of  nineteen  hundred  and  nine  is  hereby  amended  by 
striking  out  section  thirteen  and  inserting  in  place  thereof 
the  following :  — *Secifton  13.  The  board  of  public  works, 
successor  to  the  sewer  commissioners,  under  authority  of 
section  two  of  chapter  one  hundred  and  eighteen  of  the  acts 
of  the  year  nineteen  hundred  and  twenty-one  may  from 
time  to  time  prescribe  rules  and  regulations  for  the  con- 
necting of  estates  and  buildings  with  main  drains  and  sew- 
ers and  for  the  purpose  of  requiring  all  owners  of  buildings 
located  upon  land  abutting  a  public  or  private  way  in  which 
there  is  a  common  sewer  to  connect  therewith,  and  for  the 
inspection  of  the  materials,  the  construction,  alteration  and 
use  of  all  connections  and  drains  entering  into  such  main 
drains  or  sewers,  and  may  impose  penalties  not  exceeding 
twenty  dollars  for  every  violation  of  any  such  rule  or  regu- 
lation, or  not  exceeding  one  dollar  for  each  day  during 
which  such  violation  continues.  Such  rules  or  regulations 
shall  be  published  not  less  than  once  a  week  for  three  suc- 
cessive weeks  in  some  newspaper  published  in  the  town  of 


Acts,  1937. —Chaps.  281,  282.  307 

Reading,  if  there  be  any,  and  if  not,  then  in  some  news- 
paper pubhshed  in  the  county  of  Middlesex,  and  shall  not 
take  effect  until  such  publication  has  been  made. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  inhabitants  of  the  town  of  Reading 
at  a  town  meeting  held  within  two  years  after  its  passage. 

Approved  May  6,  1937. 

An  Act  relative  to  certificates  of  fitness  of  certain  fhn^  281 

SCHOOL   superintendents.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty-six  of  chapter  seventy-one  of  the  General  ^j^'i^^j-ee 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended, 
amended  by  adding  at  the  end  the  following  new  para- 
graph :  — 

A  person  holding  a  certificate  of  the  department  certify-  Certificates 
ing  to  his  fitness  to  serve  as  superintendent  in  a  union  under  schooTsup°ir- 
this  chapter  shall  not  be  deprived  by  the  department  of  said  gtatelld^d*" 
certificate  by  its  withdrawal,  by  refusal  to  renew  it,  or  by  schools. 
other  means,  unless  such  person  shall  have  been  given  writ- 
ten notice  at  least  thirty  days  prior  to  the  intended  action 
of  the  department,  together  with  a  written  statement  giving 
reasons  for  the  intended  action.    No  such  person  shall  be  so 
deprived  of  a  certificate  as  aforesaid  except  for  inefficiency, 
incompetence,  unbecoming  conduct,  or  other  good  cause; 
nor  unless,  if  he  so  requests,  he  shall  have  been  given  a 
hearing  before  the  department  at  which  hearing  he  may 
present  witnesses.  Approved  May  6,  1937. 

An  Act  further  regulating  the  removal,  transporta-  QJiav  282 
tion  and  disposal  of  garbage,  offal  and  other  of- 
fensive  substances. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  thirty-one  A,  as  §  siXf  ^^' 
appearing  in  the  Tercentenary  Edition,   and  inserting  in  aJTd^n^vf' 
place  thereof  the  two  following  new  sections:  —  Section  31  A.  §  sib,  added. 
No  person  shall  remove  or  transport  garbage,  offal  or  other  Removal  of 
offensive  substances  through  the  streets  of  any  city  or  town  fegufa^ted^*"" 
without  first  obtaining  a  permit  from  the  board  of  health  of 
such  city  or  town.    An  application  for  such  permit  shall  be 
in  such  form  and  contain  such  information,  on  oath,  as  such 
board  shall  require.     All  such  permits  shall  expire  at  the 
end  of  the  calendar  yestr  in  which  they  are  issued,  but  may 
be  renewed  annually  on  application  as  herein  provided.    No 
permit  shall  be  transferred  except  with  the  approval  of  the 
said  board. 

Section  31 B.    Boards  of  health  shall,  from  time  to  time,  Rules, 
make  rules  and  regulations  for  the  control  of  the  removal, 
transportation  or  disposal  of  garbage,  offal  or  other  offen- 


308 


Acts,  1937.  —  Chaps.  283,  284. 


sive  substances.  Whoever  violates  any  provision  of  section 
thirty-one  A,  or  of  any  rule  or  regulation  made  thereunder, 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Approved  May  6,  1937. 


Chap.2Sd  An  Act  making  certain  that  service  required  under 

CERTAIN    PROVISIONS    OF    LAW    PROVIDING    FOR    LABORERS' 
PENSIONS  NEED   NOT   BE   CONTINUOUS. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  32,  §  78A, 
etc.,  amended. 


Pensions 
for  laborers. 


Application 
of  act. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirt^'^-two  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  seventy-eight  A, 
as  amended  by  section  seven  of  chapter  one  hundred  and 
two  of  the  acts  of  the  current  year,  and  inserting  in  place 
thereof  the  following :  —  Section  78 A .  No  laborer  whose 
employment  begins  after  June  thirtieth,  nineteen  hundred 
and  thirty-seven,  shall  be  subject  to  the  provisions  of  sec- 
tion seventy-seven  or  seventy-eight.  Wherever  in  said 
section  seventy-seven  or  seventy-eight  a  number  of  years 
of  service  is  specified  as  a  requirement  of  eligibility  to  receive 
a  pension,  such  service  need  not  be  continuous. 

Section  2.  The  provisions  of  section  one  shall  apply 
with  respect  to  service  rendered  before  this  act  becomes 
effective,  as  well  as  afterward.     Approved  May  11,  1937. 


Chap. 2S4:  ^  Act  prohibiting  discrimination  as  to  age  in  exami- 
nations OF  APPLICANTS  FOR  LICENSES  TO  OPERATE  MOTOR 


Emergency 
preamble. 


G.  h.  (Ter. 
Ed.),  90,  §8, 
etc.,  amended. 


Licenses  to 
operate  motor 
vehicles,  ap- 
plications for. 


VEHICLES. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  eight  of  chapter  ninety  of  the  General  Laws,  as 
amended  by  chapter  one  hundred  and  three  of  the  acts 
of  nineteen  hundred  and  thirty-four,  is  hereby  further 
amended  by  inserting  after  the  word  "registrar"  in  the  fifth 
line  the  words :  —  ,  without  discriminating  as  to  age,  —  so 
as  to  read  as  follows :  —  Section  8.  Application  for  hcense  to 
operate  motor  vehicles  may  be  made  by  any  person;  but 
before  such  a  license  is  granted  the  apphcant  shall  pass  such 
examination  as  to  his  qualifications  as  the  registrar,  with- 
out discriminating  as  to  age,  shall  require,  and  no  license 
shall  be  issued  until  the  registrar  or  his  authorized  agent  is 
satisfied  that  the  applicant  is  a  proper  person  to  receive  it, 
and  no  such  license  shall  be  issued  to  any  person  under  six- 


Acts,  1937. —Chap.  285.  309 

teen  years  of  age.  To  each  licensee  shall  be  assigned  some 
distinguishing  number  or  mark,  and  the  licenses  issued  shall 
be  in  such  form  as  the  registrar  shall  determine.  They 
may  contain  special  restrictions  and  limitations.  They  shall 
contain  the  distinguishing  number  or  mark  assigned  to  the 
hcensee,  his  name,  place  of  residence  and  address,  a  brief 
description  of  him  for  purposes  of  identification,  and  such 
other  information  as  the  registrar  shall  deem  necessary.  A 
person  to  whom  a  license  to  operate  motor  vehicles  has  been 
issued,  unless  such  license  contains  a  special  limitation  or 
restriction,  may  operate  any  registered  motor  vehicle.  Spe- 
cial licenses  shall  be  issued  to  operators  of  motor-propelled 
fire  apparatus  who  are  members  of  a  municipal  fire  depart- 
ment. Every  person  licensed  to  operate  motor  vehicles  as 
aforesaid  shall  endorse  his  usual  signature  on  the  margin  of 
the  license,  in  the  space  provided  for  the  purpose,  immedi- 
ately upon  the  receipt  of  said  license,  and  such  license  shall 
not  be  valid  until  so  endorsed.  All  licenses  issued  to  opera- 
tors shall  be  valid  for  one  year  only  from  the  date  of  issue. 
Every  application  for  an  original  license  filed  under  this 
section  shall  be  sworn  to  by  the  applicant  before  a  justice  of 
the  peace  or  notary  public.  Approved  May  11,  1937. 


Chap.285 


An  Act  relative  to  violations  of  reasonable  health 
regulations  adopted  by  boards  of  health. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  ^'^^^^ 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-one  of  chapter  one  hundred  and  eleven  of  p^•^'•j?'f'■• 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  §31,' amended, 
tion,  is  hereby  amended  by  adding  at  the  end  the  following 
new  sentence :  —  Whoever,   himseK  or  b}''  his  servant  or 
agent,  or  as  the  servant  or  agent  of  any  other  person  or 
any  firm   or   corporation,   violates   any   reasonable   health 
regulation,  made  under  authority  of  this  section,  for  which 
no  penaltj'^  by  way  of  fine  or  imprisonment,  or  both,  is  pro- 
vided by  law,  shall  be  punished  by  a  fine  of  not  more  than 
twenty  dollars,  —  so  as  to  read  as  follows :  —  Section  31 .  Health  regu- 
Boards  of  health  may  make  reasonable  health  regulations.  'tion3"*of  .^°'*' 
All  regulations  made  by  boards  of  health  under  this  chapter 
shall  be  pubhshed  once  in  a  newspaper  published  in  the  town, 
and  such  publication  shall  be  notice  to  all  persons.     Who-  Penalty. 
ever,  himself  or  by  his  servant  or  agent,  or  as  the  servant 
or  agent  of  any  other  person  or  any  firm  or  corporation, 
violates    any    reasonable    health    regulation,    made    under 
authority  of  this  section,  for  which  no  penalty  by  way  of 
fine  or  imprisonment,  or  both,  is  provided  by  law,  shall  be 
punished  by  a  fine  of  not  more  than  twenty  dollars. 

Approved  May  11,  1937. 


310 


Acts,  1937.  —  Chaps.  286,  287. 


Chap.2S6  An  Act  permitting  the  letting  of  motor  vehicles  and 

BICYCLES,  AND  THE  LETTING  ON  TRAINS  OF  CERTAIN  EQUIP- 
MENT OR  ACCESSORIES  FOR  PERSONAL  USE  IN  CONNECTION 
WITH  OUTDOOR  SPORTS  AND  RECREATION,  ON  THE  LORD's 
DAY. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  136. 
§  6,  eto., 
amended. 


Certain  work 
on  Lord's  day 
permitted. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  third  paragraph  of  section  six  of  chapter  one  hun- 
dred and  thirty-six  of  the  General  Laws,  as  most  recently 
amended  by  chapter  one  hundred  and  twenty-nine  of  the 
acts  of  nineteen  hundred  and  thirty-six,  is  hereby  further 
amended  by  inserting  after  the  word  "boats"  in  the  four- 
teenth line  the  words :  —  ,  motor  vehicles  or  bicycles ;  the 
letting  on  trains  of  equipment  or  accessories  for  personal 
use  in  connection  with  outdoor  recreation  and  sports  activi- 
ties, —  so  as  to  read  as  follows:  — 

Nor  shall  it  prohibit  work  lawfully  done  by  persons  work- 
ing under  permits  granted  under  section  nine;  the  sale  by 
licensed  innholders  and  common  victuallers  of  meals  such 
as  are  usually  served  by  them,  consisting  in  no  part  of  alco- 
holic beverages,  as  so  defined,  which  meals  are  cooked  on 
the  premises  but  are  not  to  be  consumed  thereon;  the  opera- 
tion of  motor  vehicles;  the  sale  of  gasoline  and  oil  for  use, 
and  the  retail  sale  of  accessories  for  immediate  necessary 
use,  in  connection  with  the  operation  of  motor  vehicles, 
motor  boats  and  aircraft;  the  making  of  such  emergency 
repairs  on  disabled  motor  vehicles  as  may  be  necessary  to 
permit  such  vehicles  to  be  towed  or  to  proceed  under  their 
own  power,  and  the  towing  of  disabled  motor  vehicles;  the 
letting  of  horses  and  carriages  or  of  boats,  motor  vehicles  or 
bicycles;  the  letting  on  trains  of  equipment  or  accessories 
for  personal  use  in  connection  with  outdoor  recreation  and 
sports  activities;  unpaid  work  on  pleasure  boats;  the  run- 
ning of  steam  ferry  boats  on  established  routes ;  the  running 
of  street  railway  cars;  the  running  of  steamboat  lines  and 
trains  or  of  steamboats,  if  authorized  under  section  nineteen. 

Approved  May  11,  1937. 


Chap. 287  An  Act  regulating  advertising  in  connection  with 

THE  SALE  OF  EYE  GLASSES,  LENSES  OR  EYE  GLASS  FRAMES. 


G.  L.  (Ter. 
Ed.),  112, 
new  section 
73 A,  added. 

Advertising 
sale  of  eye 
glasses,  etc  , 
regulated. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  twelve  of  the 
General  Laws  is  hereby  amended  by  inserting  after  section 
seventy-three,  as  amended,  the  following  new  section:  — Sec- 
tion 78 A.  No  person,  in  connection  with  the  sale  of  eye 
glasses,  lenses  or  eye  glass  frames,  shall  include  in  any  news- 


Acts,  1937. —Chap.  288.  311 

paper,  radio,  display  sign  or  other  advertisement  any  state- 
ment of  a  character  tending  to  deceive  or  mislead  the  public, 
or  any  statement  which  in  any  way  misrepresents  any  ma- 
terial or  service  or  credit  terms,  or  any  statement  containing 
the  words  "free  examination  of  eyes",  "free  advice",  "free 
consultation",  "consultation  without  obligation",  or  any 
other  words  or  phrases  of  similar  import  which  convey  the 
impression  that  eyes  are  examined  free,  or  any  statement 
advertising  any  material  used  for  ophthalmic  purposes 
unless  it  is  described  truthfully  in  all  its  component  parts, 
or  any  statement  advertising  lenses  or  complete  eye  glasses 
including  lenses  at  a  fixed  price,  either  alone  or  in  conjunc- 
tion with  professional  services,  or  any  statement  advertising 
a  frame  or  mounting  at  a  fixed  price  unless  a  further  state- 
ment, to  the  effect  that  said  price  is  for  the  frame  or  mount- 
ing only  and  does  not  include  lenses,  eye  examination  or 
professional  services,  is  included  in  said  advertisement, 
orally  in  case  of  radio  advertisement  and,  if  the  advertise- 
ment is  written  or  printed,  in  words  or  print  as  legible  and 
not  less  than  one  half  the  size  of  the  words  or  print  used  for 
said  price,  or  any  statement  which  lays  claim  to  a  policy  or 
continuing  practice  of  generally  underselling  competitors,  or 
any  statement  which  refers  inaccurately  to  the  goods,  prices, 
values,  credit  terms,  policies  or  services  of  any  competitor. 
A  price  shall  be  construed  as  being  fixed,  within  the  mean- 
ing of  this  section,  although  the  words  "and  up"  or  "as 
low  as"  or  words  of  similar  import  are  used  in  connection 
therewith.  Whoever  violates  any  provision  of  this  section 
shall  be  punished  for  the  first  offence  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars  or  by 
imprisonment  for  not  more  than  three  months,  or  both,  and 
for  a  subsequent  offence  by  a  fine  of  not  less  than  two  hun- 
dred dollars  nor  more  than  five  hundred  dollars  or  by  im- 
prisonment for  not  less  than  three  nor  more  than  six  months, 
or  both. 

Section  2.     This  act  shall  take  effect  on  January  first.  Effective 
nineteen  hundred  and  thirty-eight. 

Approved  May  11,  1937. 


An  Act  further  regulating  the  sale  of  agricultural  C'/irtt?.288 

SEEDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  ninety-four  of  the  General  Laws  is  o.  l.  (Ter. 
hereby  amended  by  striking  out  sections  two  hundred  and  f§^'26iH-26iL, 
sixty-one  H  to  two  hundred  and  sixty-one  L,  inclusive,  as  amended, 
appearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following  five   new   sections:  —  Section  •^^^^-  ^toref  etc 
The  commissioner  of  agriculture,  either  in  person  or  by  his 
assistants,  shall  have  free  access  at  all  reasonable  hours  to 
each  building  or  other  place  where  agricultural  seeds  or  mix- 
tures thereof  are  stored,  sold  or  offered  or  exposed  for  sale 


312 


Acts,  1937.  —  Chap.  288. 


Taking  of 
samples. 


Analyses 
and  tests. 


Definition  of 
"  approxi- 
mate". 


Submission 
of  seeds 
for  test. 


Penalty. 


Present  rules, 
etc.,  to  con- 
tinue in  effect. 


for  the  purpose  of  inspection  of  such  seeds  and,  upon  tender- 
ing the  market  price,  may  take  samples  of  such  agricultural 
seeds  or  mixtures  thereof  for  tests  and  analyses.  Such 
samples  shall  be  thoroughly  mixed  and  two  official  samples 
taken  therefrom;  each  official  sample  shall  be  securely 
sealed.  Such  official  samples  shall  be  submitted  by  said 
commissioner  or  his  deputy  to  the  director  of  the  Massa- 
chusetts agricultural  experiment  station,  in  this  and  the 
four  following  sections  called  the  director,  for  testing  and 
analyzing.  One  of  such  samples  shall  be  held  by  the  director 
or  his  duly  authorized  assistant  at  the  disposal  of  the  person 
named  on  the  label  as  the  vendor  of  the  agricultural  seed 
sampled,  for  six  months  after  the  results  of  the  analysis  have 
been  reported  as  provided  in  the  following  section,  and  the 
other  sample  retained  by  the  director  or  such  assistant  for 
analysis. 

Section  2611.  The  director  shall  cause  such  tests  and 
analyses  as  he  may  specify  to  be  made  of  samples  collected 
under  the  preceding  section  in  order  to  determine  the  quality 
of  the  seeds  contained  in  such  samples.  The  results  of  all 
such  analyses  shall  be  reported  to  the  commissioner  of  agri- 
culture. To  enable  the  director  to  determine  the  trueness 
to  tj^pe  or  variety  of  vegetable  and  other  seeds  he  shall  pro- 
vide that  field  tests  be  made  of  such  samples  of  seeds  as  he 
may  designate  and  may  publish  the  results  of  all  such  tests 
and  analyses  as  are  made  in  accordance  with  the  provisions 
of  this  section. 

Section  261J.  The  word  "approximate"  as  used  in  sec- 
tions two  hundred  and  sixty-one  A  to  two  hundred  and 
sixty-one  L,  inclusive,  shall  be  defined  in  rules  and  regula- 
tions promulgated  by  the  director. 

Section  261 K.  Any  person  residing  or  doing  business  in 
this  commonwealth  shall  have  the  privilege  of  submitting  to 
the  director  samples  of  agricultural  seeds  for  test  and  analy- 
sis, subject  to  such  rules  and  regulations  as  may  be  adopted 
by  the  director,  including  a  reasonable  charge  or  fee  for 
such  test  and  analysis.  Receipts  under  this  section  shall  be 
paid  into  the  treasury  of  the  commonwealth. 

Section  26 IL.  Whoever  sells,  offers  or  exposes  for  sale, 
any  lot  of  agricultural  seeds,  or  mixtm-es  of  agricultural 
seeds,  without  complying  with  the  requirements  of  sections 
two  hundred  and  sixty-one  A  to  two  hundred  and  sixty- 
one  K,  inclusive,  or  falsely  marks  or  labels  such  agricul- 
tural seeds  or  mixtures  thereof  or  vegetable  seeds,  or  im- 
pedes, obstructs  or  hinders  the  commissioner  of  agriculture 
or  any  of  his  duly  authorized  agents,  or  the  director  or  any 
of  his  duly  authorized  assistants,  in  the  discharge  of  the 
authority  or  duties  conferred  or  imposed  by  any  provision 
of  said  sections,  shall  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars. 

Section  2.  The  rules  and  regulations  promulgated  by 
the  commissioner  of  agriculture  under  authority  of  sections 
two  hundred  and  sixty-one  J  and  two  hundred  and  sixty- 


Acts,  1937. —Chaps.  289,  290.  313 

one  K,  respectively,  of  chapter  ninety-four  of  the  General 
Laws  and  in  effect  immediately  prior  to  the  effective  date 
of  this  act  shall  continue  in  full  force  and  effect  until  the 
promulgation  of  rules  and  regulations  by  the  director  of  the 
Massachusetts  agricultural  experiment  station  under  author- 
ity of  said  sections,  as  amended  by  this  act,  respectively. 

Approved  May  11,  1937. 


An  Act  authorizing  the  town  of  Rutland  to  borrow 
money  for  school,  library  or  town  office  building 
purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  acquiring  land  for  and 
constructing  a  school,  town  office  and  library  building,  or 
one  or  more  buildings  for  any  or  all  of  such  purposes,  and 
of  originally  equipping  and  furnishing  said  building  or  build- 
ings, the  town  of  Rutland  may  borrow  from  time  to  time, 
within  a  period  of  five  years  from  the  passage  of  this  act, 
such  sums  as  may  be  necessary,  not  exceeding,  in  the  aggre- 
gate, forty  thousand  dollars,  and  may  issue  bonds  or  notes 
of  the  town  therefor,  which  shall  bear  on  their  face  the 
words,  Rutland  Buildings  Loan,  Act  of  1937.  Each  author- 
ized issue  shall  constitute  a  separate  loan,  and  such  loans 
shall  be  paid  in  not  more  than  twenty  years  from  their 
dates.  Indebtedness  incurred  under  this  act  shall  be  in  ex- 
cess of  the  statutory  limit,  but  shall,  except  as  herein  pro- 
vided, be  subject  to  chapter  forty-four  of  the  General  Laws, 
exclusive  of  the  limitation  contained  in  the  first  paragraph 
of  section  seven  thereof. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  12,  1937. 

An  Act  relative  to  the  reinstatement  of  fredric  j. 

HINCH  and  RALPH  C.  PUTNAM,  JR.,  IN  THE  PERMANENT 
FORCE  OF  THE  FIRE  DEPARTMENT  OF  THE  TOWN  OF  MAR- 
BLEHEAD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  four  of  the  acts  of 
nineteen  hundred  and  thirty-two  is  hereby  amended  by 
striking  out,  in  the  second  line,  the  word  "five"  and  in- 
serting in  place  thereof  the  word :  —  seven,  —  by  striking 
out,  in  the  third  line,  the  words  "in  the  order  named  and", 
—  and  by  inserting  before  the  word  "as",  the  first  time 
such  word  appears  in  the  sixth  line,  the  words :  —  or  either 
of  them,  —  so  as  to  read  as  follows :  —  Section  1 .  The  fire 
engineers  of  the  town  of  Marblehead  may,  within  a  period 
of  seven  years  following  the  effective  date  of  this  act,  rein- 
state without  examination,  in  the  permanent  force  of  the 
fire  department  of  said  town,  Fredric  J.  Hindi  and  Ralph 
C.  Putnam,  Jr.,  or  either  of  them,  as  vacancies  occur  therein 


C/iap.289 


C/iap.290 


314  Acts,  1937. —Chaps.  291,  292. 

or  as  its  personnel  is  increased  or  new  positions  are  estab- 
lished therein,  notwithstanding  any  provision  of  section 
thirty-six  of  chapter  forty-eight  of  the  General  Laws,  or  of 
chapter  thirty-one  thereof  or  of  any  rule  or  regulation  made 
under  said  chapter;  said  Hinch  and  Putnam  having  been 
discharged  from  said  department  without  fault  on  March 
nineteenth,  nineteen  hundred  and  twenty-nine.  Upon  re- 
instatement, each  shall  be  entitled  to  the  same  ratings  as  if 
his  service  in  said  department  had  not  been  interrupted  by 
said  discharge. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  12,  1937. 


Chap. 291  ^N  ^CT  PROVIDING  THAT  NOT  MORE  THAN  ONE  APPLICATION 
FOR  A  LICENSE  FOR  THE  RETAIL  SALE  OF  ALCOHOLIC  BEVER- 
AGES TO  BE  EXERCISED  ON  THE  SAME  PREMISES  SHALL  BE 
RECEIVED    IN   ANY    CALENDAR    YEAR. 

^^•^^e^ency  Whereas,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Ed.x'iJs"'  Section  sixteen  B  of  chapter  one  hundred  and  thirty- 

§  16B  etc..       eight  of  the  General  Laws,  as  most  recently  amended  by 
amen  e  .  gectiou  fourtccu  of  chapter  four  hundred  and  forty  of  the 

acts  of  nineteen  hundred  and  thirty-five,  is  hereby  further 

amended  by  adding  at  the  end  thereof  the  following  new 

paragraph :  — 
to^mOTe'than        Unless  the  licensing  authorities  otherwise  determine,  not 
one  license  not   more  than  onc  application  for  a  license  under  section  twelve 
to  e  received.    ^^  fifteen  to  be  exercised  on  the  same  premises  shall  be 

received  in  any  year.  Approved  May  12,  1937. 


Chap. 292  ^N  ^^'^  PROVIDING  FOR  THE  ACQUISITION  BY  THE  CITY  OF 
BOSTON  OF  CERTAIN  PROPERTY  OF  THE  DEDHAM  AND  HYDE 
PARK  GAS  AND  ELECTRIC  LIGHT  COMPANY  LOCATED  WITHIN 
SAID  CITY  AND  THE  LEASE  THEREOF  TO  THE  BOSTON  CON- 
SOLIDATED GAS  COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Boston,  hereinafter  called  the 
city,  acting  through  its  public  works  department,  and  with- 
out other  authority  than  that  contained  in  this  act,  ma}''  at 
any  time  before  January  first,  nineteen  hundred  and  thirty- 
eight,  purchase  or  take  by  eminent  domain  the  physical 
property  of  the  Dedham  and  Hyde  Park  Gas  and  Electric 
Light  Company  located  within  said  city. 

Section  2.  The  taking  or  takings  by  eminent  domain 
authorized  herein  shall  be  made  and  damages  therefor  deter- 
mined  and   paid   under   and  in   accordance   with   chapter 


Acts,  1937. —Chap.  292.  315 

seventy-nine  of  the  General  Laws,  except  that  petitions  for 
the  assessment  of  damages  may  be  filed  in  the  superior  court 
for  any  of  the  following  counties:  —  Suffolk,  Norfolk  or  Mid- 
dlesex. The  city,  acting  by  its  public  works  department, 
with  the  approval  of  the  maj^or,  maj^  make  payment  for 
damages  for  all  property  taken  under  authority  of  this  act 
out  of  the  proceeds  of  bonds  issued  by  the  city  under  au- 
thority of  section  six,  but,  if  the  amount  of  the  proceeds 
available  from  such  bonds  is  insufficient  to  pay  the  full 
amount  of  such  damages,  the  city  shall  nevertheless  be  liable 
for  such  damages,  irrespective  of  any  legal  limit  of  indebted- 
ness previously  provided  by  law. 

Section  3.  Before  acquiring  any  property  under  au- 
thority of  this  act,  said  public  works  department,  in  the  name 
and  on  behalf  of  the  city,  shall  execute  a  contract  in  writing 
with  the  Boston  Consolidated  Gas  Company,  hereinafter 
called  the  companj^,  upon  such  terms  and  conditions,  not 
inconsistent  with  the  provisions  of  this  act,  as  said  depart- 
ment and  the  board  of  directors  of  the  company  may  agree 
upon,  for  the  use  by  the  company  of  the  property  proposed 
to  be  acquired,  for  such  term  as  may  be  agreed  upon  by  said 
department  and  the  company.  The  company  shall  pay  for 
the  use  of  the  property  a  rental  at  the  rate  of  not  less  than 
four  and  one  half  nor  more  than  eight  per  cent  per  annum 
upon  the  fair  and  reasonable  value  of  the  property  as  agreed 
upon,  with  respect  to  both  such  rate  and  value,  by  said 
department  and  the  company,  or,  in  case  of  a  failure  so  to 
agree,  as  determined  by  the  department  of  public  utilities. 
In  case  the  company  shall  be  kept  out  of  possession  or  de- 
prived of  the  use  of  the  property,  or  any  part  thereof,  by  any 
act  on  the  part  of  the  city  or  of  any  person  or  corporation 
claiming  an  adverse  interest  in  said  property,  the  rental  or  a 
just  and  reasonable  part  thereof  as  agreed  upon  by  said  pub- 
lic works  department  and  the  company,  or,  in  case  of  a 
failure  so  to  agree,  as  determined  by  said  department  of 
pubhc  utilities,  shall  be  suspended  or  abated  during  the  time 
the  company  is  so  kept  out  of  possession  or  deprived  of  the 
use  of  the  property,  or  any  part  thereof.  In  case  the  city 
shall,  during  the  term  of  such  contract  for  use,  reimburse  the 
company  for  capital  expenditures  upon  the  property  as  pro- 
vided in  section  four,  the  amount  of  such  reimbursement  shall 
be  added  to  the  fair  and  reasonable  value  of  the  property  for 
the  purpose  of  determining  the  rental  thereafter  payable  by 
the  company  for  the  use  of  the  property. 

Section  4.  Said  contract  for  use  shall  require  the  return 
of  the  property  to  the  city  at  the  termination  of  said  use  in 
good  operating  condition,  and  shall  provide  that  the  com- 
pany may  from  time  to  time  make  such  alterations,  replace- 
ments, additions  and  improvements  in  and  to  the  property 
as  the  company  shall  deem  to  be  necessary  or  advisable  to 
put  the  property  in  good  operating  condition;  provided, 
that  no  such  alterations,  replacements,  additions  or  improve- 
ments shall  be  made,  except  in  case  of  emergency,  without 


316  Acts,  1937.  —  Chap.  292. 

the  written  consent  of  said  public  works  department  or  a 
certificate  from  said  department  of  public  utilities  that  the 
proposed  work  is  reasonably  necessary  or  advisable  to  put 
the  property  in  good  operating  condition.  In  case  of 
any  such  alteration,  replacement,  addition  or  improvement, 
said  department  of  public  utilities  shall  on  application  of  the 
company  determine  what  proportion  thereof,  if  any,  con- 
stitutes a  proper  charge  against  capital,  and  the  city  shall 
thereupon  pay  the  same  to  the  company.  If  the  city  shall 
not  make  said  payments  when  due,  the  company  shall  be 
entitled  to  deduct  the  amount  thereof,  with  interest,  from 
any  rental  subsequently  payable  to  the  city  for  the  use  of  the 
property. 

Section  5.  There  shall  be  made,  as  of  the  date  when 
the  use  of  the  property  by  the  company  begins  and  as  of  the 
date  when  the  use  terminates,  a  full  and  complete  inventory, 
description  and  valuation  of  the  property  by  a  board  of  three 
persons,  one  appointed  bj''  said  public  works  department, 
one  by  the  company,  and  the  third  chosen  by  the  two  so 
appointed  or,  in  case  of  their  failure  to  agree  upon  a  third 
person,  hj  the  governor.  In  case  the  valuation  so  made  as  of 
the  date  when  the  use  begins,  plus  all  capital  improvements 
and  betterments  for  which  the  company  has  been  reim- 
bursed by  the  city,  shall  exceed  the  valuation  at  the  termina- 
tion of  the  use,  the  company  shall  pay  over  to  the  city  an 
amount  equal  to  such  excess,  and  in  case  such  valuation  as  of 
the  date  when  the  use  begins,  plus  all  capital  improvements 
and  betterments  for  which  the  company  has  been  reimbursed 
by  the  city,  is  less  than  the  amount  of  the  valuation  at  the 
termination  of  the  use,  the  city  shall  pay  over  to  the  com- 
pany an  amount  equal  to  such  deficit. 

Section  6.  The  treasurer  of  the  city  shall  from  time  to 
time,  on  request  of  said  public  works  department,  and  with- 
out further  authorization  than  herein  contained,  issue  and 
sell  at  public  or  private  sale  the  bonds  of  the  city,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best,  to 
an  amount  not  exceeding,  in  the  aggregate,  the  cost  of  carry- 
ing out  the  provisions  of  this  act.  Such  bonds  shall  bear  on 
their  face  the  words,  Hyde  Park  Gas  Loan,  shall  be  for  such 
terms,  not  exceeding  forty-five  j'ears,  as  the  mayor  and 
treasurer  of  the  city  shall  determine,  and  shall  bear  interest, 
payable  semi-annually,  at  such  rate  as  the  treasurer  shall 
determine.  The  proceeds  of  such  bonds,  including  any 
premium  realized  from  the  sale  thereof,  shall  be  used  to  meet 
all  damages,  cost  and  expenses  incurred  by  said  public  works 
department  or  by  the  city  in  carrying  out  the  provisions  of 
this  act.  The  board  of  commissioners  of  sinking  funds  of  the 
city  shall  establish  a  sinking  fund  for  the  payment  of  the 
bonds  issued  under  authority  of  this  act.  The  proceeds  from 
any  sale  or  sales  of  property  taken,  or  acquired  by  purchase 
or  otherwise,  under  authority  of  this  act  shall  be  used  for 
the  same  purpose  as  the  rental  of  said  property  or  shall  be 
used  for  the  payment  of  expenditures  incurred  for  the  ac- 


Acts,  1937. —Chap.  293.  317 

quisition  of  said  property,  as  said  public  works  department 
may  determine.  All  rentals,  tolls,  percentages  or  other  com- 
pensation received  by  the  cit}''  under  the  provisions  of  this 
act  shall  annually  be  used  by  the  treasurer  of  the  city,  first, 
to  meet  the  requirements  of  any  deficiency  in  said  sinking 
fund;  second,  to  meet  the  interest  on  said  bonds;  and  the 
surplus,  if  any,  as  a  part  of  the  general  revenue  of  the  city. 
The  city  shall  have,  hold  and  enjoy  in  its  private  or  proprie- 
tary capacity,  as  and  for  its  own  property,  the  property 
acquired  by  it  under  the  provisions  of  this  act,  and  all  rents, 
tolls,  income  and  profits  from  all  contracts  entered  into  by 
it  for  the  use  of  said  property  or  any  part  thereof,  and  the 
same  shall  never  be  taken  by  the  commonwealth  except  on 
payment  of  just  compensation. 

Debts  incurred  by  the  city  for  the  purposes  of  this  act 
shall  not  be  considered  in  determining  the  statutory  limit 
of  indebtedness  of  the  city. 

Section  7.  In  respect  to  the  use  and  operation  of  the 
property,  the  company  shall  have  all  the  powers  and  privi- 
leges and  be  subject  to  all  the  duties,  liabilities,  restrictions 
and  provisions  set  forth  in  general  and  special  laws  now  or 
hereafter  in  force  apph cable  to  it. 

Section  8.  The  contract  for  the  use  of  the  property 
executed  in  accordance  with  the  authority  conferred  by  this 
act  shall  not  in  any  respect  impair  any  right  which  the  com- 
monwealth or  the  city  of  Boston  or  any  other  licensee  of  the 
commonwealth  may  at  any  time  have  to  take  the  properties 
of  the  company.  In  the  event  of  such  taking,  the  compensa- 
tion to  be  paid  to  the  company  shall  not  be  enhanced  by 
reason  of  such  contract,  nor  shall  it  be  diminished  because 
of  the  fact  that  without  it  properties  might  be  cut  off. 

Section  9.  This  act  shall  take  effect  upon  its  acceptance 
by  vote  of  the  city  council  of  the  city  of  Boston,  approved 
by  the  maj-or,  and  the  filing  of  a  certificate  evidencing  such 
acceptance  with  the  state  secretary. 

Approved  May  12,  1937. 


An  Act  authorizing  the  town  of  Rutland  to  receive 

AND  administer  THE  PROPERTY  OF  THE  SECOND  RURAL 
CExMETERY  association  in  said  town,  SUB.IECT  TO  JUDI- 
CIAL  DECREE   AS   AFFECTING   TRUST   PROPERTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Second  Riu-al  Cemetery  Association,  a 
corporation  dul}^  incorporated  under  general  law  and  situ- 
ated in  the  town  of  Rutland,  may,  by  deed  duly  executed, 
convey  and  transfer  to  said  town,  and  said  town  is  hereby 
authorized  and  empowered  to  receive,  and  thereafter  to 
hold  and  maintain,  but  for  cemetery  purposes  only,  and 
subject  to  all  rights  heretofore  existing  in  any  burial  lots, 
the  real  and  personal  property  of  the  corporation  not  subject 
to  any  trust,  and  thereupon,  and  upon  the  transfer  of  the 


C/iap.293 


318  Acts,  1937.  —  Chap.  294. 

trust  funds  as  hereinafter  provided,  the  corporation  shall  be 
dissolved;  and  the  cemetery  of  the  corporation  shall  be  and 
become  a  public  burial  place,  ground  or  cemetery. 

Section  2.  In  so  far  as  authorized  by  a  decree  of  a 
court  of  competent  jurisdiction  and  in  compliance  with  the 
terms  and  conditions  of  such  decree,  said  town  may  receive 
from  said  corporation  a  conveyance  and  transfer  of,  and 
administer,  all  funds  or  other  property  held  by  it  in  trust 
for  the  perpetual  care  of  the  lots  in  its  cemetery  and  for 
other  purposes,  and  also  any  property  devised  or  bequeathed 
to  said  corporation  under  the  will  of  any  person  living  at 
the  time  of  said  transfer  or  conveyance  or  under  the  will  of 
any  deceased  person  not  then  probated.  Interest  and  divi- 
dends accruing  on  funds  deposited  in  trust  with  any  savings 
bank,  under  authority  of  section  thirty-seven  or  thirty- 
eight  of  chapter  one  hundred  and  sixty-eight  of  the  General 
Laws,  or  with  any  other  banking  institution,  for  the  benefit 
of  the  corporation,  or  of  any  lots  in  its  cemetery,  may,  after 
such  conveyance,  be  paid  by  such  bank  or  institution  to  the 
treasurer  of  said  town;  and  upon  such  payment  said  treas- 
urer shall  use  the  same  for  the  purposes  of  said  trusts. 

Section  3.  All  real  and  personal  property,  and  prop- 
erty rights,  acquired  by  said  town  from  the  corporation 
under  authority  of  section  one  shall  be  held  and  managed 
by  said  town  in  the  same  manner  in  which  cities  and  towns 
are  authorized  by  law  to  hold  and  manage  property  for 
cemetery  purposes;  provided,  that  all  rights  which  any  per- 
sons have  acquired  in  the  cemetery  of  the  corporation,  or 
any  lots  therein,  shall  remain  in  force  to  the  same  extent  as 
if  this  act  had  not  been  passed  and  such  transfer  had  not 
occurred.  The  records  of  said  corporation  shall  be  delivered 
to  the  clerk  of  said  town,  and  such  clerk  may  certify  copies 
thereof. 

Section  4.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  registered  voters  of  the  town 
of  Rutland  voting  thereon  at  an  annual  or  a  special  town 
meeting  of  said  town  held  not  later  than  the  annual  town 
meeting  in  the  year  nineteen  hundred  and  thirty-eight. 

Approved  May  12,  1937. 


Chav.29A  An  Act  establishing  the  salary  of  the  justice  of  the 

DISTRICT   COURT   OF   DUKES    COUNTY. 

Be  it  enacted,  etc.,  as  follows: 
G^L.^Ter.  Chapter  two  hundred  and  eighteen  of  the  General  Laws 

§77,' amended,   is  hereby  amended  by  striking  out  section  seventy-seven, 

as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
Salaries  of  placc  thereof  the  following :  —  Section  77.  The  salary  of  the 
Dukes Vnd  justicc  of  the  district  court  of  Dukes  county  shall  be  twenty- 
^unS^*        four  hundred  dollars  and  the  salary  of  the  justice  of  the 

district  court  of  Nantucket  shall  be  fifteen  hundred  dollars. 

The  salarv  of  the  clerk  of  the  district  court  of  Dukes  county 


Acts,  1937.  —  Chaps.  295,  296.  319 

shall  be  eleven  hundred  and  twenty-five  dollars  and  the 
salary  of  the  clerk  of  the  district  court  of  Nantucket  shall 
be  five  hundred  dollars.  Approved  May  IS,  1937. 


An  Act  further  regulating  the  attachment  of  motor  (JJidj)  295 

VEHICLES    on    mesne    PROCESS    IN    ACTIONS   OF   CONTRACT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  forty-two  of  chapter  two  hundred  EJ^'^Jg^""- 
and  twenty-three  of  the  General  Laws,  as  appearing  in  the  §  42,' amended. 
Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  fifth  line,  the  word  "three"  and  inserting  in  place 
thereof  the  word :  —  four,  —  so  as  to  read  as  follows :  —  Sec-  Property 
lion  4^.    All  real  and  personal  property  liable  to  be  taken  aft^'chment. 
on  execution,  except  such  personal  property  as,  from  its 
nature  or  situation,  has  been  considered  as  exempt  accord- 
ing to  the  principles  of  the  common  law  as  adopted  and 
practiced  in  the  commonwealth,  and  except  as  provided  in 
the  four  following  sections,  may  be  attached  upon  the  origi- 
nal writ  in  any  action  in  which  debt  or  damages  are  recov- 
erable, and  may  be  held  as  security  to  satisfy  such  judgment 
as  the  plaintiff  may  recover;    but  no  attachment  of  land 
shall  be  made  on  a  writ  returnable  before  a  district  court 
unless  the  debt  or  damages  demanded  therein  exceed  twenty 
dollars. 

Section  2.    Said  chapter  two  hundred  and  twenty-three  g.  l.  (Ter. 
is  hereby  further  amended  by  inserting  after  section  forty-  fecdon^44Af^ 
four,  as  so  appearing,  the  following  new  section :  —  Section  added. 
44A.    Motor  vehicles  registered  under  the  law  of  this  com-  ^/^ot^^"* 
mon wealth  shall  not  be  attached  on  mesne  process  in  an  vehicles. 
action  of  contract  unless  written  consent  to  such  attach- 
ment is  endorsed  on  the  writ  and  signed  by  a  justice,  asso- 
ciate justice  or  special  justice  of  the  court  wherein  such 
action  is  commenced.    Costs  in  any  action  in  which  such  a 
motor  vehicle  has  been  attached  shall  be  in  the  discretion 
of  the  court.  Approved  May  12,  1937. 


An  Act  providing  for  the  screening  by  the  depart- 
ment OF  CONSERVATION  OF  THE  OUTLET  AND  SPILLWAY 
OF   THE    EAST   OTIS   RESERVOIR. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  conservation  is  hereby  authorized  and 
directed  to  screen  the  outlet  and  spillway  of  the  East  Otis 
reservoir  in  the  town  of  Otis.  For  said  purpose  said  de- 
partment may  expend  a  sum  not  exceeding  thirty-five 
hundred  dollars,  to  be  paid  from  items  two  hundred  and 
ninety-one  and  two  hundred  and  ninety-two  of  the  general 
appropriation  act  of  the  current  year. 

Approved  May  12,  1937. 


Chap.2m 


320 


Acts,  1937.  —  Chaps.  297,  298. 


G.  L.  (Ter. 
Ed.),  218, 
§  10,  etc., 
Hinended. 


Assistant 
clerks  of  dis- 
trict courts. 


Chap. 297  An  Act  establishing  the  office  of  second  assistant 

CLERK    OF   THE    CENTRAL   DISTRICT   COURT   OF   WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  ten  of  chapter  two  hundred  and 
eighteen  of  the  General  Laws,  as  amended  by  section  one 
of  chapter  one  hundred  and  sixty  of  the  acts  of  nineteen 
hundred  and  thirty-two,  is  hereby  further  amended  by  in- 
serting after  the  word  "district"  in  the  twenty-second  Hne 
the  words :  —  ,  the  central  district  court  of  Worcester,  —  so 
as  to  read  as  follows:  —  Section  10.  The  clerk  of  a  district 
court  may,  subject  to  the  approval  of  the  justice,  appoint 
one  or  more  assistant  clerks,  who  shall  be  removable  at  his 
pleasure  or  at  the  pleasure  of  the  court,  for  whose  official 
acts  the  clerk  shall  be  responsible  and  who  shall  be  paid  by 
him  unless  salaries  payable  by  the  county  are  authorized  in 
this  section  or  in  section  fifty-three.  Assistant  clerks  with 
salaries  paj^able  by  the  county  may  be  appointed  in  the 
central  district  court  of  northern  Essex,  the  municipal  court 
of  the  Charlestown  district,  the  municipal  court  of  the 
Brighton  district,  the  district  court  of  western  Hampden, 
the  district  court  of  Newton,  the  district  court  of  northern 
Norfolk  and  in  courts  the  judicial  districts  of  which  have, 
according  to  the  national  or  state  census  last  preceding,  a 
population  of  sixty  thousand  or  more.  Second  assistant 
clerks  with  salaries  payable  by  the  county  may  be  appointed 
in  the  municipal  court  of  the  Roxbury  district,  the  East 
Boston  district  court,  the  municipal  court  of  the  Charlestown 
district,  the  municipal  court  of  the  Dorchester  district,  the 
municipal  court  of  the  Brighton  district,  the  municipal  court 
of  the  West  Roxbury  district,  the  central  district  court  of 
Worcester,  and,  subject  to  the  approval  of  the  county  com- 
missioners, in  the  first  district  court  of  eastern  Middlesex, 
the  third  district  court  of  eastern  Middlesex,  the  district 
court  of  southern  Essex,  the  third  district  court  of  Bristol 
and  the  district  court  of  East  Norfolk. 

Third  assistant  clerks  with  salaries  payable  by  the  county 
may  be  appointed  in  the  municipal  court  of  the  Roxbury 
district  and,  subject  to  the  approval  of  the  county  commis- 
sioners, in  the  first  district  court  of  eastern  Middlesex  and 
the  third  district  court  of  eastern  Middlesex. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  vote  of  the  county  commission- 
ers of  Worcester  county.  Approved  May  12,  1937. 


Acceptance 
of  act. 


C/?ap. 298  An  Act  providing  for  an  additional  court  officer  in 

THE  MUNICIPAL  COURT  OF  THE  WEST  ROXBURY  DISTRICT. 


G.  L.  (Ter. 
Ed.),  218, 
§  62,  etc., 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  sixty-two  of  chapter  two  hundred  and  eighteen 
of  the  General  Laws,  as  most  recently  amended  by  section 
one  of  chapter  seventy-one  of  the  acts  of  nineteen  hundred 


number  of. 


Acts,  1937.  —  Chaps.  299,  300.  321 

and  thirty-five,  is  hereby  further  amended  by  inserting  after 
the  word  "Middlesex",  in  the  tenth  Hne,  the  words:  —  and 
in  the  municipal  court  of  the  West  Roxbury  district,  —  and 
by  striking  out,  in  the  twelfth  and  thirteenth  lines,  the 
words  " ,  of  the  Dorchester  district  and  of  the  West  Roxbury 
district"  and  inserting  in  place  thereof  the  words:  —  and  of 
the  Dorchester  district,  —  so  as  to  read  as  follows :  —  Sec-  Court  officers, 
Hon  62.  In  the  municipal  court  of  the  city  of  Boston  the 
court  officers  appointed  shall  not  exceed  ten  for  criminal 
business  and  five  for  civil  business  and  one  of  such  court 
officers  for  criminal  business  shall  be  designated  by  the 
chief  justice  as  chief  court  officer  of  said  court  for  criminal 
business,  and  one  of  such  court  officers  for  criminal  business 
shall  be  designated  as  an  assistant  chief  court  officer;  in  the 
municipal  court  of  the  Roxbury  district  four  court  officers 
may  be  appointed;  in  the  third  district  court  of  Eastern 
Middlesex  and  in  the  municipal  court  of  the  West  Roxbury 
district  three  court  officers  may  be  appointed ;  in  the  munici- 
pal court  of  the  South  Boston  district,  of  the  Charlestown 
district  and  of  the  Dorchester  district,  the  East  Boston  dis- 
trict court,  the  district  court  of  Chelsea  and  the  district 
court  of  East  Norfolk  two  court  officers  for  each  court  may 
be  appointed ;  and  in  each  of  the  other  district  courts  in  the 
commonwealth  one  court  officer  may  be  appointed. 

Approved  May  12,  1937. 


An  Act  authorizing  the  town  of  adams  to  pension 
edward  h.  cassidy. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public  good 
and  in  consideration  of  his  long  and  meritorious  service,  the 
town  of  Adams,  acting  by  its  board  of  selectmen,  may  retire 
Edward  H.  Cassidy,  who  served  the  town  faithfully  for  over 
thirty-five  years  in  its  police  department,  on  an  annual  pen- 
sion, payable  monthly,  equal  to  one  half  the  salary  received 
by  him  at  the  time  of  the  termination  of  his  active  service. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  a  majority  of  the  registered  voters  of  said  town,  voting 
thereon  by  official  ballot  at  an  annual  town  meeting,  or 
voting  thereon  at  a  special  town  meeting  called  for  the 
purpose.  Approved  May  12,  1937. 


Chap.299 


An  Act  abolishing  the  board  of  armory  commissioners  nhQ^  qqq 

AND    establishing   AN    ARMORY    COMMISSION.  '^  ' 

Re  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  six  of  the  General  Laws  is  hereby  o.  l.  (Ter. 
amended  by  striking  out  section  eighteen  and  the  heading  amended.  ^^' 
immediately  preceding,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following:  — 


322 


Acts,  1937. —Chaps.  301,  302. 


Armory  com- 
mission. 


Transfer  of 
powers. 


ARMORY    COMMISSION. 

Section  18.  There  shall  be  an  armory  commission  com- 
posed as  follows:  —  The  adjutant  general,  who  shall  be 
chairman,  the  state  quartermaster,  who  shall  be  clerk,  and 
the  major  general  commanding  the  twenty-sixth  division, 
Massachusetts  national  guard.  Neither  the  adjutant  gen- 
eral nor  the  state  quartermaster  shall  receive  any  additional 
compensation  on  account  of  their  membership  in  said  com- 
mission. The  said  major  general  shall  receive  one  day's  pay 
of  grade  and  allowances  for  each  day  that  he  actually  sits 
or  performs  the  duties  incumbent  upon  him  as  a  member  of 
said  commission,  but  in  no  case  more  than  five  hundred 
dollars  in  any  one  year. 

Section  2.  From  and  after  the  effective  date  of  this  act, 
all  the  rights,  powers,  duties  and  obligations  theretofore 
conferred  or  imposed  upon  the  board  of  armory  commis- 
sioners shall  be  exercised  and  performed  by  the  armory 
commission  established  by  section  one. 

Approved  May  12,  1937, 


Chap.301  An  Act  relative  to  the  jurisdiction  of  district  courts 

FOR    CRIMINAL   BUSINESS. 

Be  it  enacted,  etc.,  as  follows: 

G-L.  ^Ter  Section  1.     Chapter  two  hundred  and  eighteen  of  the 

amended.'  '  General  Laws  is  hereby  amended  by  striking  out  section 
twenty-six,  as  appearing  in  the  Tercentenary  Edition,  and 
District  courts,  inserting  in  place  thereof  the  following:  —  Section  26.  Dis- 
trict courts  shall  have  original  jurisdiction,  concurrent  with 
the  superior  court,  of  the  following  offences  committed 
within  their  respective  districts  or  otherwise  made  punish- 
able therein:  all  violations  of  by-laws,  orders,  ordinances, 
rules  and  regulations,  made  by  cities,  towns  and  public 
officers,  all  misdemeanors,  except  conspiracies  and  libels, 
and  all  felonies  for  which  a  penalty  of  fine  or  imprisonment 
in  a  jail  or  house  of  correction  is  provided. 

Section  2.    This  act  shall  become  effective  on  September 
first  of  the  current  j^ear.  Approved  May  12,  1937. 


jurisdiction 
in  criminal 
cases. 


Effective 
date. 


C/iap. 302  An  Act  to  allow  credit  under  the  teachers'  retire- 
ment LAW^  FOR  service  RENDERED  IN  PUBLIC  DAY  SCHOOLS 
OUTSIDE    THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  nine  of  chapter  thirty-two  of  the  General  Laws, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  adding  at  the  end  the  following  new  paragraph :  — 

(5)  A  person  hereafter  becoming  a  member  or  being  re- 
instated a  member  in  accordance  with  paragraph  (3)  of  sec- 
tion eleven,  while  in  active  service,  may,  within  five  years 


G.  L.  (Ter. 
Ed.),  32.  §  9, 
amended. 


Funds  of 

retirement 

systems. 


Acts,  1937.  —  Chap.  303.  323 

of  the  date  of  his  membership,  or  reinstatement  as  a  mem- 
ber, pay  in  one  sum  into  the  annuity  fund  estabhshed  by  Payments 
paragraph  (2)  of  this  section  an  amount  equal  to  the  total  '"^''f""'^- 
assessments  for  such  period  or  periods  of  service  in  the 
public  day  schools  of  any  other  state  as  he  may  elect,  in  no 
event  aggregating  more  than  ten  years,  which  he  would  have 
paid,  together  with  the  interest  which  would  have  been 
credited  on  such  assessments  during  said  period  or  periods, 
if  such  service  during  the  period  or  periods  so  elected  had 
been  rendered  in  the  public  day  schools  of  the  common- 
wealth, and  thereby  receive  the  same  credit  for  the  period 
or  periods  elected  which  he  would  have  been  allowed  if  such 
service  had  been  so  rendered;  provided,  that  no  period  of 
such  service  shall  be  allowed  to  be  so  elected  if  thereby 
any  period  of  such  service  more  recently  rendered  would  be 
excluded.  A  member  enrolled  prior  to  July  first,  nineteen 
hundred  and  thirty-seven,  may,  while  in  active  service,  pay 
in  one  sum  into  said  annuity  fund,  at  any  time  prior  to 
July  first,  nineteen  hundred  and  forty-two,  the  assessments 
with  interest  for  prior  service  outside  the  commonwealth 
which  he  would  have  been  permitted  to  pay  had  the  provi- 
sions of  this  paragraph  been  in  effect  at  the  time  he  became 
a  member  or  was  reinstated  a  member  of  the  association. 
A  member  who  served  as  a  regular  teacher  in  the  public 
day  schools  of  the  commonwealth  prior  to  July  first,  nine- 
teen hundred  and  fourteen,  shall  also  receive  credit  for 
service  rendered  in  the  public  day  schools  outside  the  com- 
monwealth prior  to  that  date  as  if  it  had  been  rendered 
within  the  commonwealth  if  he  pays  the  assessments  and 
interest,  if  any,  permitted  by  this  paragraph,  but  the  total 
credit  for  service  outside  the  commonwealth  shall  not  exceed 
ten  years.  Any  payment  made  under  this  paragraph  shall 
become  part  of  the  assessments  of  the  member  making  the 
same.  The  member  shall  furnish  the  board  with  such  in- 
formation as  it  shall  require  to  determine  the  amount  to 
be  paid  and  the  credit  to  be  allowed  under  this  section. 

Approved  May  12,  1937. 


An  Act  relative  to  the  representation  of  candidates  QJiar)  303 

AT  RECOUNTS  OF  BALLOTS  CAST  AT  ELECTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  thirty-five  of  chapter  fifty-four  g.  l.  (Ter. 
of  the  General  Laws  is  hereby  amended  bj^  striking  out  the  ^^'^ih^ttc, 
third  paragraph,  as  appearing  in  chapter  two  hundred  and  amended, 
seventy  of  the  acts  of  nineteen  hundred  and  thirty-three, 
and  inserting  in  place  thereof  the  following:  — 

The  registrars  shall,  before  proceeding  to  recount  the  bal-  ]!^pres"ntation 
lots,  give  not  less  than  three  days'  written  notice  to  each  "f  candidates 
candidate  who  appears  to  have  been  elected  to  the  office  in  ^  " 
question  and  to  each  candidate  for  such  office  specified  in 
any  statement  filed  under  authority  of  this  section,  or  to 


324  Acts,  1937.  —  Chap.  304. 

such  person  as  shall  be  designated  by  the  petitioners  for  a 
recount  of  ballots  cast  upon  questions  submitted  to  the 
voters,  of  the  time  and  place  of  making  the  recount,  and  each 
such  candidate  or  person  representing  petitioners  as  afore- 
said shall  be  allowed  to  be  present  and  to  witness  such  re- 
count at  each  table  where  a  recount  of  the  ballots  affecting 
such  candidate  is  being  held,  accompanied  by  counsel,  if  he 
so  desires.  Each  such  candidate  or  person  may  also  be  rep- 
resented by  agents,  appointed  by  him  in  writing,  sufficient 
in  number  to  provide  one  such  agent  for  each  officer  count- 
ing or  checking  such  ballots;  provided,  that  no  such  candi- 
date or  person  may  have  more  than  one  such  agent,  other 
than  his  counsel,  witnessing  the  work  of  any  one  officer  at 
any  one  time.  In  the  case  of  a  recount  of  ballots  cast  for 
offices  which  are  filled  by  all  the  voters  of  the  common- 
wealth, such  notice  may  be  given  to  the  duly  organized  state 
political  committees.  In  the  case  of  a  recount  of  the  ballots 
cast  upon  a  question  submitted  to  all  the  voters  as  aforesaid, 
one  representative  from  any  committee  organized  to  favor 
or  to  oppose  the  question  so  submitted  shall  be  permitted 
to  be  present  and  witness  the  recount. 

Approved  May  12,  1937. 


C hap. S04:  An  Act  making  uniform  the  procedure  on  interstate 

RENDITION. 

Be  it  enacted,  etc.,  as  follows : 

Ed^m'^'  Section  1.    Chapter  two  hundred  and  seventy-six  of  the 

§§  11-20,'  General  Laws,  as  amended,  is  hereby  further  amended  by 
anTnew°"*'  Striking  out  the  caption  fugitives  from  justice  and  sec- 
mserted'^'  tions  cleveu  to  twenty,  inclusive,  and  inserting  in  place 
thereof,  under  the  caption  procedure  on  interstate  ren- 
Certain  terms  DiTioN,  the  followiug  twenty-eight  sections  I — Section  11. 
defined.  Whercver  appearing  in  sections  eleven  to  twenty  R,  inclusive, 

the  term  "governor"  includes  any  person  performing  the 
functions  of  governor  by  authority  of  the  law  of  this  com- 
monwealth, the  term  "executive  authority"  includes  the 
governor,  and  any  person  performing  the  functions  of  gov- 
ernor, in  any  other  state,  the  term  "surrender"  refers  to 
the  arresting  and  delivering  up  of  a  person  in  this  common- 
wealth to  the  executive  authority  of  another  state,  and  the 
term  "state",  referring  to  a  state  other  than  this  common- 
wealth, refers  to  any  other  state  or  territory,  organized  or 
unorganized,  of  the  United  States. 
Arrest  and  Section  12.     Subject  to  the  provisions  of  sections  eleven 

ofTugitfve.  to  twenty  R,  inclusive,  the  controlling  provisions  of  the  con- 
stitution of  the  United  States,  and  any  and  all  acts  of  con- 
gress enacted  in  pursuance  thereof,  the  governor  may  cause 
to  be  arrested  and  defivered  up  to  the  executive  authority 
of  any  other  state  any  person  charged  in  such  other  state 
with  treason,  felony  or  other  crime,  or  with  having  been 
convicted  of  a  crime  in  such  other  state  and  having  escaped 


Acts,  1937. —Chap.  304.  325 

from  confinement  or  having  broken  the  terms  of  his  bail, 
probation  or  parole,  who  is  found  in  this  commonwealth. 

Section  13.  The  governor  may  also  surrender,  on  demand  peiiyery  of 
of  the  executive  authority  of  any  other  state,  any  person  in  deinand." 
this  commonwealth  charged  in  such  other  state  in  the  man- 
ner provided  in  section  fourteen  with  committing  an  act  in 
this  commonwealth,  or  in  a  third  state,  intentionally  result- 
ing in  a  crime  in  the  state  whose  executive  authority  is  mak- 
ing the  demand,  hereafter  in  this  section  and  in  sections 
fourteen  to  twenty  P,  inclusive,  referred  to  as  the  demand- 
ing state,  and  the  provisions  of  sections  eleven  to  twenty  R, 
inclusive,  not  otherwise  inconsistent  shall  apply  to  such 
cases,  even  though  the  accused  was  not  in  the  demanding 
state  at  the  time  of  the  commission  of  the  crime. 

The  governor  maj^  surrender,  on  demand  of  the  executive 
authority  of  any  other  state,  any  person  in  this  common- 
wealth charged  in  the  demanding  state  in  the  manner  pro- 
vided in  section  fourteen  with  having  violated  its  laws,  even 
though  such  person  left  such  state  involuntarily. 

Section  14'  No  demand  for  the  interstate  rendition  of  a  Demand  to  be 
person  charged  with  crime  in  another  state  shall  be  recog-  '"  ''"*^°^- 
nized  by  the  governor  unless  it  be  in  writing  alleging  either 
that  the  person  demanded  was  present  in  the  demanding 
state  at  the  time  of  the  commission  of  the  alleged  crime,  or 
that  such  person  committed  in  this  commonwealth  or  in  a 
third  state  an  act  intentionally  resulting  in  a  crime  in  the 
demanding  state,  or  that  such  person  has  escaped  from  con- 
finement or  has  broken  the  terms  of  his  bail,  probation  or 
parole,  nor  unless  such  demand  is  accompanied  by  a  copy 
of  an  indictment  found,  or  of  an  information  supported  by 
affidavit,  in  the  demanding  state,  or  by  a  copy  of  an  affidavit 
made  before  a  magistrate  of  such  state,  and  by  a  copy  of 
the  warrant  which  was  issued  thereon,  or  by  a  copy  of  a 
judgment  of  conviction  or  of  a  sentence  imposed  in  execu- 
tion thereof  in  the  demanding  state.  The  indictment  or 
information,  or  the  affidavit  made  before  the  magistrate  who 
issued  the  warrant,  shall  substantially  charge  the  person 
demanded  with  having  committed  a  crime  under  the  law  of 
the  demanding  state,  and  the  copy  of  the  indictment,  infor- 
mation, affidavit,  judgment  of  conviction  or  sentence  shall 
be  authenticated  b}''  the  executive  authority  of  such  state. 

Section  15.  When  a  demand  shall  be  made  upon  the  gov-  Proceedings, 
ernor  by  the  executive  authority  of  another  state  for  the 
surrender  of  a  person  so  charged  with  crime,  the  governor 
may  call  upon  the  attorney  general  or  any  other  prosecuting 
officer  to  investigate  or  assist  in  investigating  the  demand, 
and  to  report  to  him  the  situation  and  circumstances  of 
the  person  so  demanded,  and  whether  he  ought  to  be  sur- 
rendered. 

Section  16.     If  the  governor  decides  that  the  demand  ^vernor 
should  be  complied  with,  he  shall  sign  a  warrant  of  arrest,  may  sign, 
sealed  with  the  state  seal  and  directed  to  an  officer  author- 
ized to  serve  warrants  in  criminal  cases  or  other  person  whom 


326 


Acts,  1937. —Chap.  304. 


Authority 
of  arresting 
officer. 


Opportunity 
to  apply  for 
writ  of  habeas 
corpus. 


Temporary 
detention  of 
fugitive. 


the  governor  may  think  fit  to  entrust  with  the  execution 
thereof.  Such  warrant  shall  substantially  recite  the  facts 
necessary  to  the  validity  of  its  issue. 

Section  17.  Such  warrant  shall  authorize  the  person  to 
whom  it  is  directed  to  arrest  the  accused  at  any  time  and 
any  place  where  he  may  be  found  within  this  commonwealth 
and  to  command  the  aid  of  all  officers  authorized  to  serve 
warrants  in  criminal  cases  or  other  persons  in  the  execution 
thereof,  and  to  dehver  the  accused,  subject  to  the  provisions 
of  said  sections  eleven  to  twenty  R,  inclusive,  to  the  duly 
authorized  agent  of  the  demanding  state. 

Section  18.  Every  such  person  empowered  to  make  an 
arrest  shall  have  the  same  authority,  in  arresting  the  ac- 
cused, to  command  assistance  therein,  as  officers  have  by 
law  in  the  execution  of  any  criminal  process  directed  to 
them,  with  like  penalties  against  those  who  refuse  their 
assistance. 

Section  19.  No  person  arrested  upon  such  a  warrant 
shall  be  delivered  over  to  the  agent  whom  the  executive 
authority  of  the  demanding  state  shall  have  appointed  to 
receive  him  unless  such  person  shall  first  be  taken  forthwith 
before  a  justice  or  special  justice  of  a  court  of  record  of  this 
commonwealth,  who  shall  inform  such  person  of  the  demand 
made  for  his  surrender  and  of  the  crime  with  which  he  is 
charged,  and  that  he  has  the  right  to  demand  and  procure 
legal  counsel;  and,  if  the  prisoner  or  his  counsel  shall  state 
that  he  desires  to  test  the  legality  of  his  arrest,  such  justice 
or  special  justice  shall  fix  a  reasonable  time  to  be  allowed  the 
prisoner  within  which  to  apply  for  a  writ  of  habeas  corpus. 
When  such  writ  is  applied  for,  notice  thereof,  and  of  the  time 
and  place  of  hearing  thereon,  shall  be  given  to  the  attorney 
general  and  to  the  district  attorney  for  the  district  in  which 
the  arrest  is  made  and  for  the  district  in  which  the  accused 
is  in  custody,  and  to  said  agent  of  the  demanding  state. 

Any  officer  who  shall  deliver  to  said  agent  of  the  demand- 
ing state  a  person  in  his  custody  under  the  warrant  of  the 
governor,  in  wilful  disobedience  of  the  provisions  of  this 
section,  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars  or  by  imprisonment  for  not  more  than 
six  months,  or  both. 

Section  20.  The  officer  or  other  person  executing  the 
governor's  warrant  of  arrest,  or  the  agent  of  the  demanding 
state  to  whom  the  prisoner  shall  have  been  delivered,  may 
when  necessary  confine  the  prisoner  in  a  jail  or  other  place 
of  detention  in  any  county,  city  or  town  through  which  he 
may  pass;  and  the  keeper  of  such  jail  or  place  of  detention 
shall  receive  and  safely  keep  the  prisoner  until  the  officer 
or  person  having  charge  of  him  is  ready  to  proceed  on  his 
journey,  such  officer  or  person  being  chargeable  with  the 
expense  of  keeping. 

The  officer  or  agent  of  a  demanding  state  to  whom  a 
prisoner  shall  have  been  delivered  following  interstate  ren- 
dition proceedings  in  another  state,  or  to  whom  a  prisoner 


Acts,  1937. —Chap.  304.  327 

shall  have  been  delivered  after  waiving  interstate  rendition 
in  another  state,  and  who  is  passing  through  this  common- 
wealth with  such  a  prisoner  for  the  purpose  of  immediately 
returning  such  prisoner  to  the  demanding  state  may,  when 
necessary,  confine  the  prisoner  in  a  jail  or  other  place  of 
detention  in  any  county,  city  or  town  through  which  he 
maj^  pass;  and  the  keeper  of  such  jail  or  other  place  of 
detention  shall  receive  and  safely  keep  the  prisoner  until 
the  officer  or  agent  having  charge  of  him  is  ready  to  proceed 
on  his  journey,  such  officer  or  agent  being  chargeable  with 
the  expense  of  keeping;  provided,  that  such  officer  or  agent 
shall  produce  and  show  to  such  keeper  satisfactory  written 
evidence  that  he  is  actually  transporting  such  prisoner  to 
the  demanding  state  pursuant  to  a  requisition  by  the  execu- 
tive authority  thereof,  or  that  such  prisoner  has  waived 
interstate  rendition.  No  prisoner  being  transported  pursu- 
ant to  such  a  requisition  or  waiver  shall  be  entitled  to  demand 
a  new  requisition  while  in  this  commonwealth. 

Section  20 A.  Whenever  any  person  within  this  com-  warrant 
monwealth  shall  be  charged,  on  the  oath  of  any  credible  ^^  '^°'"^' 
person  before  any  court  or  justice  in  this  commonwealth 
authorized  to  issue  warrants  in  criminal  cases,  with  the  com- 
mission of  any  crime  in  any  other  state,  including  cases 
arising  under  section  thirteen,  or  with  having  been  convicted 
in  such  other  state  and  having  escaped  from  confinement  or 
having  broken  the  terms  of  his  bail,  probation  or  parole,  or 
whenever  complaint  shall  have  been  made  before  any  such 
court  or  justice  in  this  commonwealth  setting  forth,  on  the 
affidavit  of  any  credible  person  in  another  state,  that  a 
crime  has  been  committed  in  such  other  state  and  that  a 
person  has  been  charged  in  such  state  with  the  commission 
of  a  crime,  including  cases  arising  under  section  thirteen,  or 
with  having  been  convicted  of  a  crime  in  that  state  and 
having  escaped  from  confinement  or  having  broken  the  terms 
of  his  bail,  probation  or  parole,  and  is  believed  to  be  in  this 
commonwealth,  such  court  or  justice  may  issue  a  warrant 
directed  to  any  officer  authorized  to  serve  warrants  in  crimi- 
nal cases  commanding  him  to  apprehend  the  person  named 
therein,  wherever  he  may  be  found  in  this  commonwealth, 
and  bring  him  before  the  same  or  any  other  such  court  or 
justice  convenient  of  access  to  the  place  where  the  arrest 
may  be  made,  to  answer  the  charge  or  complaint  and  affi- 
davit; and  a  certified  copy  of  the  sworn  charge  or  complaint 
and  affidavit  upon  which  the  warrant  is  issued  shall  be  at- 
tached to  the  warrant. 

Section  20B.     The  arrest  of  a  person  may  be  lawfully  Arrest  with- 
made  also  by  any  officer  authorized  to  serve  warrants  in  °n  ceTta[n"* 
criminal  cases,  without  a  warrant,  upon  reasonable  informa-  cases. 
tion  that  the  accused  stands  charged  in  another  state  with  a 
crime  punishable  by  death  or  by  imprisonment  for  a  term 
exceeding  one  year,  but  when  so  arrested  the  accused  shall 
be  taken  with  all  practicable  speed  before  a  court  or  justice 
authorized  to  issue  warrants  in  criminal  cases  and  complaint 


328 


Acts,  1937. —Chap.  304. 


Exacnination 
and  commit- 
ment. 


Recognizance. 


Proceedings 
and  dis- 
charge. 


Commitment 
on  failure 
to  appear. 


Refusal  to 
surrender  if 
criminal  pro- 
ceedings are 
pending  in  this 
commonwealth, 


shall  be  made  against  him  under  oath  setting  forth  the 
ground  for  the  arrest  as  in  the  preceding  section ;  and  there- 
after his  answer  shall  be  heard  as  if  he  had  been  arrested  on 
a  warrant. 

Section  20C.  If  from  the  examination  before  such  court 
or  justice  it  appears  that  the  person  held  is  the  person 
charged  with  having  committed  the  crime  alleged,  including 
cases  arising  under  section  thirteen,  or  is  the  person  charged 
with  having  been  convicted  of  a  crime  and  having  escaped 
from  confinement  or  having  broken  the  terms  of  his  bail, 
probation  or  parole,  such  court  or  justice  shall,  by  a  war- 
rant reciting  the  accusation,  commit  him  to  a  jail  or  house 
of  correction  for  such  time,  not  exceeding  thirty  days  and 
specified  in  the  warrant,  as  will  enable  the  arrest  of  the 
accused  to  be  made  under  a  warrant  of  the  governor,  on  a 
requisition  of  the  executive  authority  of  the  state  having 
jurisdiction  of  the  crime,  unless  the  accused  gives  bail  as 
provided  in  the  following  section,  or  until  he  shall  be  legally 
discharged. 

Section  20D.  Unless  the  offence  with  which  the  person 
arrested  is  charged  is  shown  to  be  an  offence  punishable  by 
death  or  life  imprisonment  under  the  laws  of  the  state  in 
which  it  was  committed,  such  court  or  justice  may  admit 
such  person  to  bail  by  bond  or  undertaking,  with  sufficient 
sureties,  and  in  such  sum  as  such  court  or  justice  deems 
proper,  conditioned  for  his  appearance  before  such  court  or 
justice,  at  a  time  specified  in  such  bond  or  undertaking,  and 
for  his  surrender  to  be  arrested  upon  the  warrant  of  the 
governor. 

Section  20E.  If  the  accused  has  not  been  arrested  under 
warrant  of  the  governor  at  the  expiration  of  the  time  speci- 
fied in  such  warrant,  bond  or  undertaking,  such  court  or 
justice  may  discharge  him  or  may  recommit  him  for  a  fur- 
ther period  of  sixty  days,  or  may  again  take  bail  for  his 
appearance  and  surrender,  as  provided  in  the  preceding 
section,  but  within  a  period  not  to  exceed  sixty  days  fol- 
lowing the  date  of  such  new  bond  or  undertaking. 

Section  20F.  If  the  accused  is  admitted  to  bail,  and  fails 
to  appear  and  surrender  himself  according  to  the  conditions 
of  his  bond  or  undertaking,  such  court  or  justice,  by  proper 
order,  shall  declare  the  bond  or  undertaking  forfeited  and 
order  his  immediate  arrest  without  warrant  if  he  be  within 
this  commonwealth.  Recovery  may  be  had  on  such  bonds 
or  undertakings  in  the  name  of  the  commonwealth  as  in  the 
case  of  other  bonds  or  undertakings  given  by  persons  ac- 
cused in  criminal  proceedings  within  this  commonwealth. 

Section  20G.  If  a  criminal  prosecution  has  been  insti- 
tuted against  such  person  under  the  laws  of  this  common- 
wealth and  is  still  pending,  the  governor,  in  his  discretion, 
may  either  surrender  him  on  the  demand  of  the  executive 
authority  of  another  state,  or  hold  him  until  the  final  dis- 
position of  such  prosecution  or,  if  convicted  and  sentenced, 
until  his  discharge  from  imprisonment. 


Acts,  1937.  —  Chap.  304.  329 

Section  20H.    The  guilt  or  innocence  of  the  accused  as  to  Guiit  of 
the  crime  of  which  he  is  charged  may  not  be  inquired  into  tol^lnqTired 
by  the  governor,  or  in  any  proceeding  after  the  demand  for  j-enditfo^n '"^ 
interstate  rendition  accompanied  by  a  charge  of  crime  in 
legal  form  as  provided  in  section  fourteen  shall  have  been 
presented  to  the  governor,  except  as  it  may  be  involved  in 
identifying  the  person  held  as  the  person  charged  with  the 
crime. 

Section  201.  The  governor,  whenever  he  deems  proper,  iiecaU'of 
may  recall  his  warrant  of  arrest  or  may  issue  another  war-  ^''""'■^'^*- 
rant. 

Section  20J.  Any  person  arrested  in  this  commonwealth  ^a1-rlm°^ 
charged  with  having  committed  any  crime  in  another  state 
or  with  having  been  convicted  in  another  state  and  having 
escaped  from  confinement  or  having  broken  the  terms  of 
his  bail,  probation  or  parole,  may  waive  the  issuance  and 
service  of  the  warrant  provided  for  in  sections  sixteen  and 
seventeen  and  all  other  procedure  incidental  to  interstate 
rendition  proceedings,  by  executing  or  subscribing  in  the 
presence  of  any  court  or  justice  of  this  commonwealth 
authorized  to  issue  warrants  in  criminal  cases  a  writing 
which  states  that  he  consents  to  return  to  the  demanding 
state;  provided,  that  if  such  waiver  shall  be  executed  or 
subscribed  by  such  person  it  shall  be  the  duty  of  such  court 
or  justice  to  inform  such  person  of  his  rights  to  the  issuance 
and  service  of  a  warrant  in  interstate  rendition  and  to  obtain 
a  writ  of  habeas  corpus  as  provided  in  section  nineteen.  If 
and  when  such  consent  has  been  duly  executed  it  shall  forth- 
with be  forwarded  to  the  office  of  the  governor  and  filed 
therein.  Such  court  or  justice  shall  direct  the  officer  having 
such  person  in  custody  to  deliver  forthwith  such  person  to 
the  duly  accredited  agent  of  the  demanding  state,  and  shall 
deUver  or  cause  to  be  delivered  to  such  agent  a  copy  of  such 
consent;  provided,  that  nothing  in  this  section  shall  be 
deemed  to  limit  the  right  of  the  accused  person  to  return 
voluntarily  and  without  formality  to  the  demanding  state, 
nor  shall  the  foregoing  waiver  procedure  be  deemed  to  be 
an  exclusive  procedure  or  to  limit  the  powers,  rights  or 
duties  of  the  officers  of  the  demanding  state  or  of  this 
commonwealth. 

Section  20K.     Whenever  the  governor  shall  demand  a  issuance  of 
person  charged  with  crime  in  this  commonwealth,  or  one  Tg^'Jnt  with- 
charged  with  having  been  convicted  in  this  commonwealth  ^''onw^Hh"" 
and  having  escaped  from  confinement  or  having  broken  the 
terms  of  his  bail,  probation  or  parole,  from  the  chief  execu- 
tive of  any  other  state,  or  from  the  chief  justice  or  an  asso- 
ciate justice  of  the  supreme  com-t  of  the  District  of  Columbia 
authorized  to  receive  such  demand  under  the  laws  of  the 
United  States,  he  may  issue  a  warrant,  under  the  seal  of  this 
commonwealth,  to  some  agent,  commanding  him  to  receive 
the  person  so  charged  if  delivered  to  him,  and  convey  him 
to  the  proper  officer  of  the  county  in  which  the  crime  was 
committed. 


330 


Acts,  1937.  —  Chap.  304. 


Proceedings 
in  respect  to 
return  of  per- 
son accused 
of  crime. 


Application  for 
the  return  of 
fugitive. 


Form  of. 


Whenever  it  is  desired  to  have  returned  to  this  common- 
wealth a  person  charged  herein  with  a  crime,  or  with  having 
been  convicted  in  this  commonwealth  and  having  escaped 
from  confinement  or  having  broken  the  terms  of  his  bail, 
probation  or  parole,  and  such  person  is  imprisoned  or  is  held 
under  criminal  proceedings  then  pending  against  him  in 
another  state,  the  governor  may  agree  with  the  executive 
authority  of  such  other  state  for  the  interstate  rendition  of 
such  person  before  the  conclusion  of  such  proceedings  or  of 
his  term  of  sentence  in  such  other  state,  upon  such  condi- 
tions relative  to  the  return  of  such  person  to  such  other 
state  at  the  expense  of  this  commonwealth  as  may  be  agreed 
upon  between  the  governor  and  the  executive  authority  of 
such  other  state. 

Section  SOL.  (a)  Whenever  the  return  to  this  common- 
wealth of  a  person  charged  with  crime  herein  is  required, 
the  attorney  general,  or  the  district  attorney  for  the  district 
in  which  the  crime  is  alleged  to  have  occurred,  shall  present 
to  the  governor  his  written  application  for  a  requisition  for 
the  return  of  the  person  charged,  in  which  application  there 
shall  be  included  a  statement  of  the  name  of  the  person  so 
charged  and  the  crime  charged  against  him,  the  approximate 
time,  place  and  circumstances  of  its  commission,  the  state 
in  which  he  is  believed  to  be,  including  the  location  of  the 
accused  therein,  at  the  time  the  application  is  made,  and  a 
certificate  that,  in  the  opinion  of  the  said  attorney  general 
or  district  attorney,  the  ends  of  justice  require  the  arrest 
and  return  of  the  accused  to  this  commonwealth  for  trial, 
and  that  the  proceeding  is  not  instituted  to  enforce  a  private 
claim. 

(h)  Whenever  the  return  to  this  commonwealth  is  re- 
quired of  a  person  who  has  been  convicted  of  a  crime  herein 
and  has  escaped  from  confinement  or  has  broken  the  terms 
of  his  bail,  probation  or  parole,  the  district  attorney  for  the 
district  in  which  the  crime  is  alleged  to  have  occurred,  the 
parole  board  or  the  warden  or  superintendent  of  the  insti- 
tution from  which  escape  was  made,  shall  present  to  the 
governor  a  written  application  for  a  requisition  for  the  re- 
turn of  such  person,  in  which  application  shall  be  stated  the 
name  of  the  person,  the  crime  of  which  he  was  convicted, 
the  circumstances  of  his  escape  from  confinement  or  of  the 
breach  of  the  terms  of  his  bail,  probation  or  parole,  and  the 
state  in  which  he  is  believed  to  be,  including  the  location 
of  the  person  therein,  at  the  time  the  application  is  made. 

(c)  The  application  shall  be  verified  by  affidavit,  shall  be 
executed  in  duplicate  and  shall  be  accompanied  by  two  certi- 
fied copies  of  the  indictment  returned,  or  of  the  complaint 
made  to  a  court  or  justice,  stating  the  offence  with  which 
the  accused  is  charged,  or  of  the  judgment  of  conviction  or  of 
the  sentence.  The  attorney  general,  district  attorney,  parole 
board,  warden  or  superintendent  may  also  attach  such  further 
affidavits  or  other  documents  in  duplicate  as  he  or  it  may 
deem  proper  to  be  submitted  with  such  application.     One 


Acts,  1937. —Chap.  304.  331 

copy  of  the  application,  with  the  action  of  the  governor 
indicated  by  endorsement  thereon,  and  one  of  the  certified 
copies  of  the  indictment  or  complaint,  or  of  the  judgment 
of  conviction  or  of  the  sentence  shall  be  filed  in  the  office  of 
the  state  secretary  to  remain  of  record  in  that  office.  The 
other  copies  of  all  such  papers  shall  be  forwarded  with  the 
requisition  of  the  governor. 

Section  20M.  If  the  application  for  a  requisition  for  the  Expenses, 
return  to  this  commonwealth  of  a  person  charged  with  crime 
herein,  or  for  the  return  of  a  person  who  has  been  convicted 
of  a  crime  herein  and  has  escaped  from  confinement  or  has 
broken  the  terms  of  his  bail,  probation  or  parole,  is  com- 
plied with  and  an  agent  appointed,  the  account  of  such 
agent  shall  be  paid  like  other  expenses  in  criminal  cases  by 
the  county  where  the  proceedings  are  pending  or,  in  the  case 
of  the  escape  from  confinement  of  a  prisoner  under  sentence, 
by  the  commonwealth;  but  the  governor  may  direct  thp 
whole  or  any  part  thereof  to  be  paid  by  the  commonwealth. 

Section  20N.    A  person  brought  into  this  commonwealth  Person  re- 
on,  or  after  waiver  of,  interstate  rendition  based  on  a  crimi-  wah^Tr^n°ot  to 
nal  charge  shall  not  be  subject  to  service  of  personal  process  ^uitln^certa?!! 
in  civil  actions  arising  out  of  the  same  facts  as  the  criminal  civii  actiona. 
proceeding  to  answer  which  he  is  being  or  has  been  returned, 
until  he  has  been  convicted  or  acquitted  in  the  criminal 
proceeding,  and,  if  acquitted,  until  he  has  had  reasonable 
opportunity  to  return  to  the  state  from  which  he  was  brought 
by  interstate  rendition  proceedings  or  upon  waiver  thereof. 

Section  200.     After  a  person  has  been  brought  into  this  Accused  may 
commonwealth  by  interstate  rendition  proceedings  or  upon  otheVWnces. 
waiver  thereof  he  may  be  tried  herein  for  other  crimes  which 
he  may  be  charged  with  having  committed  herein,  as  well  as 
that  specified  in  the  requisition  for  his  interstate  rendition 
or  in  the  waiver  thereof. 

Section  20P.    Nothing  in  sections  eleven  to  twenty  O,  in-  |^9{'°°^  ^^  *^° 
elusive,  shall  be  deemed  to  constitute  a  waiver  by  this  com-  affect  rights 
monwealth  of  its  right,  power  or  privilege  to  try  any  person  weaith!^°'^" 
demanded  of  it  for  a  crime  committed  herein,  or  of  its  right, 
power  or  privilege  to  regain  custody  of  such  a  person  by  in- 
terstate rendition  proceedings  or  otherwise  for  the  purpose 
of  trial,  sentence  or  punishment  for  any  crime  committed 
herein,  nor  shall  any  proceeding  under  said  sections  which 
result  in,  or  fail  to  result  in,  interstate  rendition  be  deemed 
a  waiver  by  this  commonwealth  of  any  of  its  rights,  privileges 
or  jurisdiction  in  any  way  whatsoever. 

Section  20Q.    If  any  part  of  sections  eleven  to  twenty  P,  ^|5fdft°^o{*" 
inclusive,  is  for  any  reason  declared  void,  such  invalidity  parts  of  law. 
shall  not  affect  the  validity  of  the  remaining  portions  of  said 
sections. 

Section  20R.      Sections   eleven   to   twenty   R,    inclusive,  Sections. 
may  be  cited  as  the  uniform  criminal  interstate  rendition    °^"*^®  • 
law,  and  shall  be  so  interpreted  and  construed  as  to  effectu- 
ate their  general  purpose  to  make  uniform  the  law  of  those 
states  enacting  similar  laws. 


332  Acts,  1937.  —  Chaps.  305,  306,  307. 

Copies  of  Section  2.    As  soon  as  practicable  after  this  act  has  the 

to  other  states,  fopce  of  law,  the  statc  secretary  shall  certify  a  copy  thereof 

to  the  executive  department  of  each  of  the  states  of  the 

United  States. 
dSe!''^^  Section  3.     This  act  shall  take  effect  on  October  first  in 

the  current  year.  Approved  May  12,  1937. 

Chap.SOb  An  Act  relative  to  fees  for  sealing  certain  scales. 
Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend 

pream  e.         ^^  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 

an  emergency  law,  necessary  for  the  immediate  preservation 

of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

EdyAs^'  Section  1.     Section  fifty-six  of  chapter  ninety-eight  of 

§5'6,'etc.,         the  General  Laws,  as  most  recently  amended  by  chapter 
*™^°     ■         seventy-four  of  the  acts  of  the  current  year,  is  hereby  fur- 
ther amended  by  inserting  after  paragraph  (6)  the  following 
Fees  of  new  paragraph :  —  (&3^)   Each  scale  with  a  weighing  ca- 

ses ers.  pacity  of  one  hundred  to  five  thousand  pounds,  fifty  cents, 

date!*^^^  Section  2.    This  act  shall  take  effect  on  June  second  of 

the  current  year.  Approved  May  18,  1937. 


Chap.SOQ  An  Act  validating  an  ordinance  of  the  city  of  north 

ADAMS   FIXING   A   TAX    LIMIT   IN   SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  certain  measure  fixing  a  tax  limit  in  the 
city  of  North  Adams,  passed  to  be  ordained  by  the  city 
council  of  said  city  on  April  thirtieth,  nineteen  hundred  and 
thirty-seven,  and  approved  by  the  mayor  of  said  city  on 
said  date,  is  hereby  vahdated  and  confirmed  as  an  ordi- 
nance of  said  city,  in  so  far  as  it  may  be  invalid  by  reason 
of  any  failure  to  fully  comply  with  section  twenty-nine  of 
chapter  forty-four  of  the  General  Laws  with  respect  to  the 
holding  of  a  public  hearing  prior  to  the  fixing  of  a  tax  limit 
under  said  section. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  18,  1937. 

Chap. 307  An  Act  providing  for  the  entry  of  this  commonwealth 
into  compacts  with  any  of  the  united  states  for 
mutual  helpfulness  in  relation  to  persons  convicted 
of  crimes   or   offences  who  are   on   probation   or 

PAROLE. 

Emergency  Whercas,  The  deferred  operation  of  this  act  would  tend 

pream  e.         ^^  defeat  its  purposc,  therefore  it  is  hereby  declared  to  be 

an  emergency  law,  necessary  for  the  immediate  preservation 

of  the  public  convenience. 


Acts,  1937.  —  Chap.  307.  333 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  twenty-seven  of  Ed^m'^new 
the  General  Laws,  as  amended,  is  hereby  further  amended  §§  i'sia-isig, 
by  inserting  after  section  one  hundred  and  fifty-one,  under  *^'^^'*- 
the  heading  interstate  supervision  of  probationers  and 
PAROLEES,  the  seven  following  new  sections:  —  Section  151  A.  interstate 
The  governor,  on  behalf  of  this  commonwealth,  is  hereby  '^°'"^*"^ " 
authorized  to  enter  into  a  compact,  substantially  in  the 
following  form,  with  any  of  the  United  States  legally  joining 
therein  and  the  general  court  hereby  signifies  in  advance  its 
approval  and  ratification  of  such  a  compact  so  entered  into, 
such  approval  and  ratification  to  be  effective  upon  the  filing 
of  a  copy  of  such  compact  in  the  office  of  the  state  secretary: 

A    COMPACT. 

Entered  into  by  and  among  the  contracting  states,  signa-  au^^rUy  of 
tories  hereto,  with  the  consent  of  the  Congress  of  the  United  governor. 
States  of  America,  granted  by  an  act  entitled  "An  Act 
granting  the  consent  of  congress  to  any  two  or  more  states 
to  enter  into  agreements  or  compacts  for  co-operative  effort 
and  mutual  assistance  in  the  prevention  of  crime  and  for 
other  purposes". 

The  contracting  states  solemnly  agree : 

(1)  That  it  shall  be  competent  for  the  duly  constituted 
judicial  and  administrative  authorities  of  a  state  which  is 
a  party  to  this  compact  and  wherein  any  person  has  been 
convicted  of  an  offence  and  placed  on  probation  or  released 
on  parole,  herein  called  the  sending  state,  to  permit  such 
person  to  reside  while  on  probation  or  parole  in  any  other 
state  which  is  a  party  to  this  compact,  herein  called  the 
receiving  state,  if  (a)  it  appears  to  such  judicial  or  adminis- ' 
trative  authorities  that  such  person  is  a  resident  of  or  has 
his  family  residing  within  the  receiving  state  and  can  obtain 
employment  there,  or  if  (6)  the  receiving  state,  by  its  gov- 
ernor or  a  person  thereto  authorized  by  him,  consents  to  his 
being  sent  there;  provided,  that,  in  either  case,  before  such 
permission  is  granted  by  the  sending  state,  opportunity  shall 
have  been  afforded  to  the  receiving  state  to  investigate  the 
home  and  prospective  employment  of  such  person. 

A  resident  of  the  receiving  state,  within  the  meaning  of 
clauses  (a)  and  (6)  hereof,  is  one  who  has  been  an  actual  in- 
habitant of  such  state  continuously  for  more  than  one  year 
prior  to  his  coming  to  the  sending  state  and  has  not  resided 
within  the  sending  state  more  than  six  consecutive  months 
immediately  preceding  the  commission  of  the  offence  of 
which  he  has  been  convicted.  The  word  "parole",  as  used 
in  this  compact,  shall  include  parole,  permit  to  be  at  liberty, 
and  any  other  method  of  release  under  supervision,  after 
sentence,  from  confinement  in  any  penal  or  reformatory 
institution,  and  the  word  "parolee"  shall  include  any  per- 
son so  released. 


334  Acts,  1937. —Chap.  307. 

(2)  That  each  receiving  state  will  assume  the  duties  of 
visitation  of  and  supervision  over  probationers  and  parolees 
of  any  sending  state  and  in  the  exercise  of  those  duties  will 
be  governed  by  the  same  standards  that  prevail  for  its  own 
probationers  and  parolees. 

(3)  That  duly  accredited  officers  of  the  sending  state  may 
at  all  times  enter  the  receiving  state  and  there  apprehend 
and  retake  any  probationer  or  parolee.  For  that  purpose 
no  formalities  shall  be  required  other  than  establishing 
the  authority  of  the  officer  and  the  identity  of  the  person 
to  be  retaken.  All  legal  requirements  to  obtain  rendition 
of  fugitives  from  justice  are  hereby  expressly  waived.  The 
decision  of  the  sending  state  to  retake  a  probationer  or 
parolee  shall  be  conclusive  upon  and  not  reviewable  within 
the  receiving  state;  provided,  that  if,  at  the  time  when  a 
state  seeks  to  retake  a  probationer  or  parolee,  there  shall  be 
pending  against  him  within  the  receiving  state  any  criminal 
charge,  or  he  shall  be  suspected  of  having  committed  within 
such  state  a  criminal  offence,  he  shall  not  be  retaken  without 
the  consent  of  the  receiving  state,  by  its  governor  or  a  person 
thereto  authorized  by  him,  until  his  prosecution  therein  for 
such  offence  has  terminated  in  his  favor  or  he  has  been  dis- 
charged from  imprisonment  following  conviction  thereof. 

(4)  That  the  duly  accredited  officers  of  the  sending  state 
will  be  permitted  to  transport  prisoners  being  retaken 
through  any  and  all  states  parties  to  this  compact,  without 
interference. 

(5)  That  the  governor  of  each  contracting  state  may 
designate  an  officer  who,  acting  jointly  with  like  officers  of 
other  contracting  states,  if  and  when  appointed,  shall  pro- 
mulgate such  rules  and  regulations  as  may  be  deemed  neces- 
sary to  more  effectively  carry  out  the  terms  of  this  compact, 

(6)  That  this  compact  may  be  ratified  by  any  state  in 
the  manner  provided  by  the  laws  of  such  state,  or,  in  the 
absence  of  such  law,  by  its  legislature,  and  that  upon  rati- 
fication by  two  or  more  states  this  compact  shall  have  the 
full  force  and  effect  of  law  within  each  ratifying  state  and 
shall  become  operative  as  between  the  several  states  so 
ratifying  it. 

(7)  That  this  compact  shall  continue  in  force  and  remain 
binding  upon  each  ratifying  state  until  renounced  by  it  as 
hereinafter  set  forth ;  provided,  that  the  duties  and  obliga- 
tions hereunder  of  a  receiving  state  renouncing  this  com- 
pact shall  continue,  as  to  each  parolee  and  each  probationer 
sent  under  authority  hereof  to  such  state  and  residing 
therein  at  the  time  of  the  renunciation,  until  he  is  retaken 
by  the  sending  state  or  his  parole  or  probation  is  other- 
wise terminated,  or  he  voluntarily  returns  to  the  sending 
state  or  with  its  consent  removes  to  a  third  state.  Re- 
nunciation of  this  compact  by  any  state  which  is  a  party 
hereto  may  be  effected  by  the  authority  acting  on  behalf  of 
such  state  in  the  ratification  hereof,  but  such  renunciation 
shall  not  be  effective  with  respect  to  any  other  state  which 


Acts,  1937. —Chap.  308.  335 

is  a  party  hereto  until  after  six  months'  notice  given  in 
writing  to  such  other  state. 

Section  151B.     Subject  to  the  terms  of  paragraph  (1)  of  Persons  on 
the  compact  authorized  by  section  one  hundred  and  fifty-  probation  may 
one  A,  any  judicial  officer  of  this  commonwealth  authorized  I'o  hve'outslde 
to  place  persons  on  probation  may  by  order  permit  any  the  common- 
person  then  or  theretofore  placed  on  probation  by  his  court 
to  reside  in  any  other  state  between  which  and  this  com- 
monwealth there  shall  be  in  force  a  compact  so  authorized, 
and  may  at  any  time  revoke  or  modify  such  order. 

Section  151C.  Subject  to  the  terms  of  paragraph  (1)  of  ^"^f?® . 
the  compact  authorized  by  said  section  one  hundred  and 
fifty-one  A,  any  officer  or  board  of  this  commonwealth 
authorized  by  law  to  release  prisoners  on  parole  or  on  per- 
mit to  be  at  liberty  may  at  any  time  permit  any  prisoner 
then  or  theretofore  so  released  by  him  or  it  to  reside  in 
any  other  state  between  which  and  this  commonwealth 
there  shall  be  in  force  a  compact  so  authorized,  and  may 
at  any  time  revoke  such  permission  or  permit  such  parolee 
to  remove  to  another  such  state. 

Section  151D.     Upon  ratification  by  two  or  more  states,  Ratification 
including  this  commonwealth,  of  a  compact  authorized  by  °f  «^°"^P'^f'- 
said  section  one  hundred  and  fifty-one  A,  said  compact  shall 
have  the  force  of  law  in  this  commonwealth. 

Section  151E.    All  rules  and  regulations  made  by  author-  Force  and 
ity  of  paragraph  (5)  of  said  compact,  if  consistent  with  the  rules* a°nd 
laws  of  this  commonwealth,   shall  have  the  force  of  law  regulations. 
herein,  and  all  officers  whose  offices  are  established  under 
the  laws  of  this  commonwealth,  to  whom  powers  shall  be 
given  and  upon  whom  duties  shall  be  imposed  by  such 
rules  and  regulations,  shall  have  and  exercise  the  powers 
so  given  and  shall  perform  the  duties  so  imposed. 

Section  151F.     If  any  section,   sentence,   subdivision  or  Effect  of 
clause  of  sections  one  hundred  and  fifty-one  A  to  one  hun-  'JfTeca'ons 
dred  and  fifty-one  F,  inclusive,  is  for  any  reason  held  un-  ofia^- 
constitutional  or  otherwise  invalid,  such  decision  shall  not 
affect  the  validity  of  the  remaining  portions  of  said  sections. 

Section  151G.     Sections  one  hundred  and  fifty-one  A  to  How  cited, 
one  hundred  and  fifty-one  G,  inclusive,  may  be  cited  as  the 
out-of-state  probationer  and  parolee  supervision  law. 

Section  2.    As  soon  as  practicable  after  this  act  has  the  Act  to  be 
force  of  law,  the  state  secretary  shall  certify  a  copj^  thereof  o1her*states. 
to  the  executive  department  of  each  of  the  states  of  the 
United  States.  Approved  May  18,  1937. 


An  Act  relative  to  the  appointment  of  a  keeper  of  C'/ia7?.308 

PERSONAL  PROPERTY  WHICH  HAS  BEEN  ATTACHED. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  twenty-three  of  the  General  e±)",  223?§  48, 
Laws  is  hereby  amended   by  striking   out   section   forty-  amended, 
eight,  as  appearing  in  the  Tercentenary  Edition,  and  in- 


336  Acts,  1937. —Chaps.  309,  310. 

Keeper  of         serting  in  place  thereof  the  following:  —  Section  48.     The 
propCTty.  officer,  if  necessary  and  if  authorized  by  written  permission 

endorsed  upon  the  writ  and  signed  by  a  justice,  associate 
justice  or  special  justice  of  the  court  in  which  the  action  is 
commenced,  may  appoint  a  keeper  of  personal  property 
which  has  been  attached.  The  officer,  if  necessary,  may 
appoint  a  keeper  of  personal  property  which  has  been  taken 
on  execution.  In  either  of  the  aforesaid  cases  he  shall,  upon 
the  written  request  of  the  defendant,  remove  such  property 
or  the  keeper  without  unreasonable  delay.  Costs  in  an 
action  in  which  a  keeper  has  been  appointed  shall  be  at  the 
discretion  of  the  court.  Approved  May  18,  1937. 


Chap. 309  An   Act  authorizing   the   city   of   revere   to   retire 

ALBERT   J.    BROWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Revere  may  retire  Albert  J. 
Brown,  the  city  clerk  of  said  city,  who  for  more  than  thirty- 
six  years  has  been  in  the  service  of  said  city,  on  an  annual 
pension  equal  to  one  half  the  rate  of  compensation  paid  him 
at  the  time  of  his  retirement. 

Section  2.  This  act  shall  take  effect  upon  its  accept- 
ance during  the  current  year  by  vote  of  the  city  council  of 
said  city,  subject  to  the  provisions  of  its  charter. 

Approved  May  18,  1937. 


Chap. 310  An  Act  making  more  effective  the  procedure  for  the 

collection  of  small  claims. 

Be  it  enacted,  etc.,  as  follows: 

Ed.).  2i8r§  22,      Section  twenty-two  of  chapter  two  hundred  and  eighteen 
amended.  Qf  ^j^g  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 

tion, is  hereby  amended  by  striking  out,  in  the  eleventh 
line,  the  period  and  the  word  "The"  and  inserting  in  place 
thereof  the  following:  —  and  authority  in  the  court,  in  its 
discretion,  after  proper  inquiry,  to  order  payment  to  the 
prevailing  party  of  the  amount  found  due  on  or  before  a 
day  stated  or  by  instalments,  to  modify,  extend  or  vacate 
such  order  and,  in  its  discretion,  to  enforce  such  order  by 
contempt  proceedings,  substantially  in  the  manner  provided 
in  chapter  two  hundred  and  twenty-four,  and  to  provide 
therefor  in  the  rules  for  the  procedure.  Said,  —  so  as  to 
Small  claims  read  as  follows :  —  Section  22.  The  procedure  shall  include 
procedure.  ^j^^  beginning  of  actions  with  an  entry  fee  of  one  dollar  but 
without  writ,  and  without  requirement,  except  by  special 
order  of  court,  of  other  pleading  than  a  statement  to  the 
clerk  or  an  assistant  clerk,  who  shall  reduce  the  same  to 
concise  written  form  in  a  docket  kept  for  the  purpose.  The 
procedure  shall  include  notice  by  registered  mail  instead  of 
the  mode  of  service  heretofore  required,  and  shall  include 


Acts,  1937. —Chap.  311.  337 

provisions  for  early  hearing.  The  procedure  may  include 
the  modification  of  any  or  all  rules  of  pleading  and  practice, 
anything  contained  in  other  chapters,  sections  or  acts  not- 
withstanding, and  may  include  a  stay  of  the  entry  of  judg- 
ment or  of  the  issue  of  execution  and  authority  in  the  court, 
in  its  discretion,  after  proper  inquiry,  to  order  payment  to 
the  prevailing  party  of  the  amount  found  due  on  or  before 
a  day  stated  or  by  instalments,  to  modify,  extend  or  vacate 
such  order  and,  in  its  discretion,  to  enforce  such  order  by 
contempt  proceedings,  substantially  in  the  manner  provided 
in  chapter  two  hundred  and  twenty-four,  and  to  provide 
therefor  in  the  rules  for  the  procedure.  Said  rules  for  the 
procedure  may  provide  for  the  elimination  of  any  or  all 
fees  and  costs,  and  that  costs  shall  be  in  the  discretion  of 
the  court.  In  causes  begun  under  the  procedure,  the  court 
may  on  application  for  cause  shown  issue  writs  of  attach- 
ment of  property  or  person  as  in  causes  begun  by  writ. 

Approved  May  18,  1937. 


An  Act  relative  to  withdrawal  of  appeals  in  criminal  Chav.Zll 

CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-five  of  chapter  two  hundred  and  seventy-  g.  l.  (Ter. 
eight  of  the  General  Laws,  as  appearing  in  the  Tercente-  §25.' amended, 
nary  Edition,  is  hereby  amended  by  inserting  after  the  word 
"business"  in  the  second  line  the  words:  —  and  at  any 
time  thereafter  if  no  action  shall  have  been  taken  by  the 
superior  court  except  continuance,  —  so  as  to  read  as 
follows :  —  Section  25.  The  appellant  may,  at  any  time  withdrawal 
before  the  next  sitting  of  the  superior  court  for  criminal  fncn^nai 
business  and  at  any  time  thereafter  if  no  action  shall  have  ^*^«^- 
been  taken  by  the  superior  court  except  continuance,  come 
personally  before  the  court  or  trial  justice  from  whose  judg- 
ment the  appeal  was  taken  and  withdraw  his  appeal.  If 
the  appellant  has  been  committed,  the  officer  in  charge  of 
the  jail,  within  forty-eight  hours  after  his  commitment,  shall 
notify  him  of  his  right  to  withdraw  his  appeal  and  shall 
furnish  him  with  a  blank  form  of  withdrawal,  which,  if 
signed  by  him,  shall  be  witnessed  by  said  officer;  thereupon, 
or  if  prior  to  said  notice  the  appellant  notifies  the  said  officer 
of  his  desire  to  withdraw  his  appeal,  the  said  officer  shall 
forward  the  defendant,  with  the  signed  form  of  withdrawal, 
to  the  court  or  trial  justice  before  whom  the  appeal  was 
taken.  In  such  case  the  court  or  trial  justice  may  order  the 
appellant  to  comply  with  the  sentence  appealed  from,  in  the 
same  manner  as  if  it  were  then  first  imposed,  or  may  revise 
or  revoke  the  same  if  satisfied  that  cause  for  such  revision 
or  revocation  exists;  provided,  that  the  court  or  trial  justice 
shall  not  increase  the  sentence  as  first  imposed,  and  if 
sureties  had  recognized  with  the  appellant  to  prosecute  his 
appeal  they  shall  be  discharged.    If  the  copy  of  the  record 


338 


Acts,  1937. —Chaps.  312,  313. 


of  conviction  has  been  transmitted  to  the  superior  court, 
the  court  or  trial  justice  shall  notify  the  clerk  of  the  superior 
court  of  the  withdrawal  of  the  appeal,  who  shall  thereupon 
make  a  memorandum  thereof  upon  the  record  of  the  superior 
court.  Approved  May  18,  1937. 


Chap. 312  An  Act  permitting  certain  fiduciaries  to  invest  funds 
IN  certain  insurance  policies  and  annuity  contracts. 


G.  L.  (Ter. 
Ed.),  201, 
new  section 
47A,  added. 

Guardians, 
etc.,  invest- 
ment of  funds 
in  insurance 
contracts,  etc. 


G.  L.  (Ter. 
Ed.),  203, 
new  section 
25A,  added. 


Trustees  may 
invest  funds 
in  insurance 
contracts,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  one  of  the  Gen- 
eral Laws  is  hereby  amended  by  inserting  after  section 
forty-seven,  as  appearing  in  the  Tercentenary  Edition,  the 
following  new  section :  —  Section  Jf.7A .  The  probate  court, 
upon  the  application  of  a  guardian,  may  authorize  him  to 
invest  income  or  principal  of  the  estate  of  his  ward  in  poli- 
cies of  life  or  endowment  insurance  or  annuity  contracts, 
issued  by  a  life  insurance  company  duly  authorized  to  trans- 
act business  in  the  commonwealth  under  chapter  one  hun- 
dred and  seventy-five,  on  the  life  of  the  ward  or  on  the 
life  of  a  person  in  whose  life  the  ward  has  an  insurable 
interest. 

Section  2.  Chapter  two  hundred  and  three  of  the  Gen- 
eral Laws  is  hereby  amended  by  inserting  after  section 
twenty-five,  as  appearing  in  the  Tercentenary  Edition,  un- 
der the  heading  purchase  of  insurance  policies  or  an- 
nuity contracts,  the  following  new  section :  —  Section  25 A . 
The  probate  court,  upon  petition  of  a  trustee  under  a  will 
or  other  instrument  may,  if  the  trust  does  not  otherwise 
provide,  authorize  the  trustee  to  invest  the  income  or  prin- 
cipal of  the  trust  fund  in  policies  of  life  or  endowment  in- 
surance or  annuity  contracts,  issued  by  a  life  insurance 
company  duly  authorized  to  transact  business  in  the  com- 
monwealth under  chapter  one  hundred  and  seventy-five,  on 
the  life  of  any  beneficiary  of  the  trust  or  on  the  life  of  any 
person  in  whose  life  such  beneficiary  has  an  insurable  in- 
terest. Approved  May  18,  1937. 


Chap. SIS  An  Act  authorizing  the  redivision  of  the  city  of  new 

BEDFORD    INTO    WARDS    AND    VOTING    PRECINCTS    FOR    THE 
purposes    of   municipal   ELECTIONS   THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

In  the  current  year,  the  city  of  New  Bedford,  by  vote  of 
its  city  council,  may  make  a  redivision  of  its  territory  into 
such  number  of  wards  as  may  be  fixed  by  law.  The  bound- 
aries of  such  wards  shall  be  so  arranged  that  the  wards  shall 
contain,  as  nearly  as  can  be  ascertained  and  as  may  be  con- 
sistent with  well  defined  limits  for  each  ward,  an  equal 
number  of  voters.  After  such  a  redivision,  the  city  clerk 
shall  forthwith  give  written  notice  to  the  state  secretary  of 


Acts,  1937. —Chaps.  314,  315.  339 

the  number  and  designations  of  the  wards  so  estabhshed, 
together  with  an  official  copy  of  the  description  of  said 
wards.  For  the  purposes  of  this  act,  the  registrars  of  voters, 
the  assessors  and  any  other  board  or  officer  of  said  city,  in- 
cluding the  police  department,  may,  and  upon  request  of 
said  city  council  shall,  consult  with  it  and  furnish  to  it  all 
facts  and  information  requested  within  their  control  or 
knowledge,  and  all  the  resources  and  facilities  of  said  city 
boards  or  officers,  or  any  of  them,  shall  be  available  to  said 
city  council.  As  soon  as  may  be  after  a  redivision  into 
wards  as  authorized  by  this  act,  the  city  council  shall  divide 
such  city  into  voting  precincts,  conformably  to  section  two 
of  chapter  fifty-four  of  the  General  Laws.  Any  redivision 
made  hereunder  shall  take  effect  on  January  first,  nineteen 
hundred  and  thirty-eight,  and  shall  be  used  only  for  munici- 
pal elections  in  said  city  until  a  redivision  into  wards  is 
made  as  provided  by  section  one  of  said  chapter  fiftj^-four. 

Approved  May  18,  1937. 


An  Act  authorizing  the   payment   of  motor  vehicle  (Jhav  314 

INSURANCE    PREMIUMS    IN   INSTALMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-five  of  the  General  ^-  l.  (Xer. 
Laws  is   hereby  amended   by  inserting   after   section   one  new  section 
hundred  and  ninety-three  A,  as  appearing  in  the  Tercen-  ^^^^'  ^'''^®'^- 
tenary  Edition,  the  following  new  section:  —  Section  193B.  instalment 

T  •  i  jcj  1.1      payments  of 

Insurance  companies  may  accept  payment  oi  motor  vehicle  niotor  vehicle 
insurance  premiums  in  instalments  under  plans,  rates  and  p"rem?ums. 
charges  approved  by  the  commissioner  as  equitable  and  non- 
discriminatory. Approved  May  18,  1937. 

An  Act  relative  to  contracts  of  conditional  sale  of  Qfid'r)  3x5 

HOUSEHOLD    FURNITURE    OR    OTHER    HOUSEHOLD    OR    PER- 
SONAL   EFFECTS    EXCEPT   JEWELRY. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  fifty-five  of  the  General  Laws  g.  l.  (Ten 
is  hereby  amended  by  inserting  after  section  thirteen  B,  ne^w^'sf cations 
inserted  by  chapter  three  hundred  and  ninety-six  of  the  added^^' 
acts  of  nineteen  hundred  and  thirty-five,  the  following  two 
new  sections:  —  Section  13C.     Each  conditional  sale  which  Conditional 
includes   one   or  more   articles   of   household   furniture   or  of'hous'Lhoid^ 
other  household  or  personal  effects,  except  jewelry,  shall  be  furniture, 
embodied  in  a  single  written  contract.    When  a  payment  is 
made  by  the  vendee  under  the  terms  of  any  such  contract, 
such  payment  shall  be  endorsed  on  the  contract  or  on  the 
promissory  note  which  is  evidence  of  the  obligation  of  the 
vendee  or  shall  be  set  forth  on  a  receipt  given  to  the  vendee. 
Such  receipt  shall  include  the  amount  of  the  payment  made 
and  the  balance  due  on  the  contract,  with  a  specific  identi- 
fication of  the  contract  to  which  the  payment  is  applied. 


340  Acts,  1937. —Chaps.  316,  317. 

Penalty.  SecHon  13D.    Violation  of  any  provision  of  section  thir- 

teen C  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars. 

Approved  May  18,  1937. 


Chap.SlQ  An  Act  extending  the  close  season  on  hares  and  rab- 
bits IN  CERTAIN  COUNTIES  AND  FURTHER  REGULATING 
THE  HUNTING  OR  POSSESSION  OF  RABBITS  IN  NANTUCKET 
COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Ed^.'iJr'  Chapter  one  hundred  and  thirty-one  of  the  General  Laws 

§  94,'  etc.,'         is  hereby  amended  by  striking  out  section  ninety-four,  as 
amen  e  .  most  recently  amended  by  chapter  one  hundred  and  sev- 

enty-two of  the  acts  of  the  current  year,  and  inserting  in 
c^ose  season  place  thereof  the  following:  —  Section  94.  No  person,  other- 
wise than  as  provided  in  section  ninety-six,  shall  hunt  or 
have  in  possession  the  carcass  of  a  hare  or  rabbit,  except 
between  November  twentieth  and  the  last  day  of  February, 
both  inclusive,  in  Nantucket  county,  or  between  November 
fifteenth  and  February  fifteenth,  both  inclusive,  in  Dukes 
county,  or  between  October  twentieth  and  February  first, 
both  inclusive,  in  any  other  county,  or  during  such  open 
seasons  kill  or  have  in  possession  the  carcasses  of  more  than 
two  northern  varying  hares,  otherwise  known  as  Canada 
hares,  snow-shoe  rabbits  or  white  rabbits,  or  more  than  five 
rabbits,  or  in  Nantucket  county  more  than  three  rabbits, 
in  any  one  day.  This  section  shall  not  apply  to  European 
hares  in  the  county  of  Berkshire,  which  may  be  taken  or 
killed  at  any  time.  Approved  May  18,  1937. 


Chav. S17  An  Act  requiring  insurers  under  the  workmen's  com- 
pensation ACT  TO  PAY  THE  COST  OF  APPOINTMENT  OF 
GUARDIANS  AND  CONSERVATORS  OF  EMPLOYEES  OR  DE- 
PENDENTS. 

Be  it  enacted,  etc.,  as  follows: 

G- L.  (Ter  Scction  thirty-nine  of  chapter  one  hundred  and  fifty-two 

amended.'  '  of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  striking  out  the  last  two  sen- 
tences aind  inserting  in  place  thereof  the  following :  —  When 
the  appointment  of  a  legal  representative  of  a  deceased  em- 
ployee or  dependent,  or  the  appointment  of  a  guardian  or 
conservator  of  an  employee  or  dependent  who  is  a  minor 
or  is  insane  or  is  otherwise  legally  incapacitated,  is  required 
to  comply  with  this  chapter,  the  insurer  shall  furnish  or 
pay  for  legal  services  rendered  in  connection  with  the  ap- 
pointment of  such  legal  representative,  guardian  or  conser- 
vator or  in  connection  with  his  duties,  and  shall  pay  the 
necessary  disbursements  for  such  appointment,  the  neces- 
sary expenses  of  such  legal  representative,  guardian  or  con- 


Acts,  1937. -—Chap.  318.  341 

servator,  and  reasonable  compensation  to  him  for  time 
necessarily  spent  in  complying  therewith.  Said  payments 
shall  be  in  addition  to  sums  paid  for  compensation,  —  so  as 
to  read  as  follows:  —  Section  39.  The  compensation  pay- f^^g^'^f^^^j^JJj 
able  in  case  of  the  death  of  the  injured  employee  shall  be 
paid  to  his  legal  representative;  or,  if  he  has  no  legal  repre- 
sentative, to  his  dependents;  or,  if  he  leaves  no  dependents, 
to  the  persons  to  whom  payment  of  the  expenses  for  the 
last  sickness  and  burial  is  due.  If  payment  is  made  to  the 
legal  representative  of  the  deceased  employee,  it  shall  be 
paid  by  him  to  the  dependents  or  other  persons  entitled 
thereto  under  this  chapter.  When  the  appointment  of  a 
legal  representative  of  a  deceased  employee  or  dependent, 
or  the  appointment  of  a  guardian  or  conservator  of  an  em- 
ployee or  dependent  who  is  a  minor  or  is  insane  or  is  other- 
wise legally  incapacitated,  is  required  to  comply  with  this 
chapter,  the  insurer  shall  furnish  or  pay  for  legal  services 
rendered  in  connection  with  the  appointment  of  such  legal 
representative,  guardian  or  conservator  or  in  connection 
with  his  duties,  and  shall  pay  the  necessary  disbursements 
for  such  appointment,  the  necessary  expenses  of  such  legal 
representative,  guardian  or  conservator,  and  reasonable 
compensation  to  him  for  time  necessarily  spent  in  comply- 
ing therewith.  Said  payments  shall  be  in  addition  to  sums 
paid  for  compensation.  Approved  May  18,  1937. 


An  Act  authorizing  expenditures  of  money  by  the /nfi^^^  o-io 

COUNTY  commissioners  OF  BARNSTABLE  COUNTY  FOR  THE  ^' 

PURPOSE    OF   PROMOTING   THE   RECREATIONAL   ADVANTAGES 
OF   SAID    COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  Barnstable 
county  may,  for  the  purpose  of  advertising  the  recreational 
advantages  of  said  county,  expend  such  sums,  not  exceed- 
ing twenty-five  thousand  dollars  in  any  one  year,  as  may 
be  appropriated  therefor;  provided,  that  such  expenditures 
from  money  so  appropriated  shall  not  at  any  time  be  more 
than  twice  the  sum  which  shall  have  been  contributed  by 
pubhc  subscription  or  by  donation  deposited  with  the  county 
treasurer  for  the  purpose  aforesaid.  Said  commissioners  shall 
expend  such  sums  only  for  advertising  in  newspapers,  maga- 
zines and  the  like,  or  for  booklets,  posters  or  other  forms  of 
advertising.  In  carrying  out  the  provisions  of  this  act  the 
commissioners  may  designate  an  agent  or  agents  to  act  for 
them;  provided,  that  all  bills  incurred  shall  be  accompanied 
by  proper  vouchers  and  shall  be  paid  by  the  county  treas- 
urer only  on  warrants  approved  by  the  county  commission- 
ers or  a  majority  of  them. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
b}'^  a  majoritj'  of  the  county  commissioners  of  said  county. 

Approved  May  19,  1937. 


342  Acts,  1937.  —  Chaps.  319,  320. 


Chap.319  An  Act  subjecting  the  office  of  commissioner  of 
soldiers'  relief  and  state  and  military  aid  of  the 
city  of  lowell  to  the  civil  service  laws. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  office  of  commissioner  of  soldiers'  relief 
and  state  and  military  aid  of  the  city  of  Lowell  shall,  upon 
the  effective  date  of  this  act,  become  subject  to  the  civil 
service  laws  and  rules  and  regulations,  and  the  term  of 
office  of  any  incumbent  thereof  shall  be  unlimited,  subject, 
however,  to  such  laws;  but  the  person  holding  said  office  on 
said  effective  date  may  continue  therein  without  taking  a 
civil  service  examination. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Lowell  at  its  city  elec- 
tion in  the  current  year  in  the  form  of  the  following  ques- 
tion which  shall  be  placed  upon  the  official  ballot  to  be  used 
at  said  election:  —  "Shall  an  act  passed  by  the  general  court 
in  the  year  nineteen  hundred  and  thirty-seven,  entitled  'An 
Act  subjecting  the  Office  of  the  Commissioner  of  Soldiers' 
Relief  and  State  and  Military  Aid  of  the  City  of  Lowell  to 
the  Civil  Service  Laws',  be  accepted?"  If  a  majority  of  the 
voters  voting  thereon  vote  in  the  affirmative  in  answer  to 
said  question,  this  act  shall  thereupon  take  full  effect,  but 
not  otherwise.  Approved  May  19,  1937. 

Chap. S20  An  Act  making  appropriations  for  the  maintenance  of 
certain  counties,  for  interest  and  debt  require- 
ments, FOR  CERTAIN  PERMANENT  IMPROVEMENTS,  AND 
GRANTING   A    COUNTY    TAX    FOR    SAID    COUNTIES. 

Emergency  Whercas,  The  deferred  operation  of  this  act  would  cause 

substantial  inconvenience,  therefore  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  following  sums  are  hereby  appropriated 
for  the  counties  hereinafter  specified  for  the  year  nineteen 
hundred  and  thirty-seven.  No  direct  drafts  against  the 
account  known  as  the  reserve  fund  shall  be  made,  but 
transfers  from  this  account  to  other  accounts  may  be  made 
to  meet  extraordinary  or  unforeseen  expenditures  upon  the 
request  of  the  county  commissioners  and  with  the  approval 
of  the  director  of  accounts. 

Section  2. 

Barnstable  County. 

Item 

1  For  interest  on  county  debt,  a  sum  not  exceeding  six 

thousand    seventy-one    dollars    and    twenty-five 

cents $6,071  25 

2  For  reduction  of  county  debt,  a  sum  not  exceeding 

thirty-nine  thousand  dollars         ....        39,000  00 


Acts,  1937.  —  Chap.  320.  343 

Item 

3  For  salaries  of  county  officers  and  assistants,  a  sum 

not  exceeding  twenty-two  thousand  four  hundred 

and  fifty  dollars $22,450  00 

4  For  clerical  assistance  in  county  offices,  a  sum  not 

exceeding    thirteen    thousand    one    hundred    and 

eighty  dollars 13,180  00 

5  For  salaries  and  expenses  of  district  courts,  a  sum  not 

exceeding   twenty-four    thousand    seven    hundred 

and  fifty-five  dollars 24,755  00 

6  For  salaries  of  jailers,  masters  and  assistants,  and  sup- 

port of  prisoners  in  jails  and  houses  of  correction, 

a  sum  not  exceeding  thirty-six  thousand  dollars  36,000  00 

7  For  criminal  costs  in  superior  court,  a  sum  not  ex- 

ceeding fifteen  thousand  five  hundred  dollars  .         15,500  00 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts,  a  sum  not  exceeding  seven 

thousand  five  hundred  dollars      ....  7,500  00 

10  For  transportation  and  expenses  of  county  and  asso- 

ciate   commissioners,    a   sum    not   exceeding   one 

thousand  five  hundred  dollars      ....  1,500  00 

1 1  For  medical  examiners,  inquests  and  commitments 

of  insane,  a  sum  not  exceeding  one  thousand  seven 

hundred  and  fifty  dollars     .....  1,750  00 

12  For  auditors,  masters  and  referees,  a  sum  not  exceed- 

ing three  thousand  five  hundred  dollars  3,500  00 

13  For  building  county  buildings  and  purchase  of  land, 

a  sum  not  exceeding  two  thousand  dollars     .  2,000  00 

14  For    repairing,    furnishing    and    improving    county 

buildings,    a   sum    not   exceeding   nine   thousand 

three  hundred  and  seventy-five  dollars  .  .  9,375  00 

15  For  care,  fuel,  lights  and  supplies  in  county  build- 

ings, other  than  jails  and  houses  of  correction,  a 
sum  not  exceeding  seventeen  thousand  seven  hun- 
dred and  sixty- two  dollars  .....        17,762  00 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  sixty-six  thou- 
sand four  hundred  and  fifty  dollars  66,450  00 

17  For  law  libraries,  a  sum  not  exceeding  seven  hundred 

dollars 700  00 

18  For  the  training  school,  a  sum  not  exceeding  two 

hundred  and  fifty  dollars 250  00 

19  For  county  aid  to  agriculture,  a  sum  not  exceeding 

seventeen  thousand  six  hundred  and  eighty  dollars        17,680  00 

20  For  the  sanatorium,  a  sum  not  exceeding  sixty-one 

thousand  three  hundred  and  forty  dollars  61,340  00 

20a  For  county  health  service,  a  sum  not  exceeding  ten 

thousand  seven  hundred  and  thirty-five  dollars      .        10,735  00 

21  For  state  fire  patrol,  a  sum  not  exceeding  one  thou- 

sand three  hundred  dollars  ....  1,300  00 

22  For  pensions,  a  sum  not  exceeding  three  thousand 

dollars 3,000  00 

23  For  miscellaneous  and  contingent  expenses  of  the 

current  year,  a  sum  not  exceeding  three  thousand 

six  hundred  and  fifteen  dollars     ....  3,615  00 

23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing six  hundred  two  dollars  and  twenty-three 
cents 602  23 

23b  For  a  police  training  school,  a  sum  not  exceeding  one 

thousand  dollars 1,000  00 

23c  For  a  Works  Progress  Administration  recreation  proj- 
ect, a  sum  not  exceeding  two  hundred  and  fifty 
dollars 250  00 

24  For  a  reserve  fund,  a  sum  not  exceeding  seven  thou- 

sand five  hundred  dollars    .....  7,500  00 


344  Acts,  1937.  —  Chap.  320. 

Item 

And  the  county  commissioners  of  Barnstable  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  two  hundred  seventy 
thousand  five  hundred  sixty-four  dollars  and 
thirty-nine  cents,  to  be  expended,  together  with 
the  cash  balance  on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes  .         .         .    $270,564  39 

Berkshire  County. 

1  For  interest  on  county  debt,  a  sum  not  exceeding  one 

thousand  three  hundred  eighteen  dollars  and 
seventy-five  cents       ......        $1,318  75 

2  For  reduction  of  county  debt,  a  sum  not  exceeding 

seventeen  thousand  dollars  ....        17,000  00 

3  For  salaries  of  county  officers  and  assistants,  a  sum 

not  exceeding  twenty-nine  thousand  seven  hun- 
dred twenty  dollars 29,720  00 

4  For  clerical  assistance  in  county  offices,  a  sum  not  ex- 

ceeding fifteen  thousand  dollars  ....        15,000  00 

5  For  salaries  and  expenses  of  district  courts,  a  sum  not 

exceeding  forty-six  thousand  dollars     .  .  46,000  00 

6  For  salaries  of  jailers,  masters  and  assistants,  and 

support  of  prisoners  in  jails  and  houses  of  correc- 
tion, a  sum  not  exceeding  forty-one  thousand  dol- 
lars   41,000  00 

7  For  criminal  costs  in  superior  court,  a  sum  not  ex- 

ceeding fifteen  thousand  dollars  ....        15,000  00 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts,  a  sum  not  exceeding  thirteen 

thousand  dollars 13,000  00 

10  For  transportation  and  expenses  of  coimty  and  asso- 

ciate  commissioners,    a   sum   not   exceeding   two 

thousand  dollars 2,000  00 

11  For  medical  examiners,  inquests  and  commitments 

of  insane,  a  sum  not  exceeding  five  thousand  dol- 
lars   5,000  00 

12  For  auditors,  masters  and  referees,  a  sum  not  ex- 

ceeding five  thousand  dollars        ....  5,000  00 

14  For  repairing,  furnishing  and  improving  cotmty  build- 

ings, a  sum  not  exceeding  nine  thousand  dollars    .  9,000  00 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings, 

other  than  jails  and  houses  of  correction,  a  sum 

not  exceeding  twenty  thousand  dollars  .  .        20,000  00 

16  For  highwaj^s,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  one  hundred 
forty-six  thousand  five  hundred  dollars  .  .      146,500  00 

16a  For  examination  of  dams,  a  sum  not  exceeding  two 

thousand  dollars 2,000  00 

17  For  law  libraries,  a  sum  not  exceeding  three  thousand 

two  hundred  dollars 3,200  00 

18  For  the  training  school,  a  sum  not  exceeding  one 

thousand  five  hundred  dollars      ....  1,500  00 

19  For  county  aid  to  agriculture,  a  sum  not  exceeding 

eleven  thousand  five  hundred  dollars    .  .  11,500  00 

20  For  the  sanatorium  (Hampshire  County),  a  sum  not 

exceeding  eleven  thousand  dollars  .        11,000  00 

21  For  the  care  and  maintenance  of  Greylock  state  res- 

ervation, a  sum  not  exceeding  fourteen  thousand 

dollars      '. 14,000  00 

21a  For  the  care  and  maintenance  of  Mount  Everett 
state  reservation,  a  sum  not  exceeding  one  thou- 
sand five  hundred  dollars    .....  1,500  00 

22  For  pensions,  a  sum  not  exceeding  three  thousand 

doUars 3,000  00 


Acts,  1937.  —  Chap.  320.  345 

Item 

23  For  miscellaneous  and  contingent  expenses  of  the 

current  year,  a  sum  not  exceeding  two  thousand 

five  hundred  dollars $2,500  00 

23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing one  thousand  dollars     .....  1,000  00 

23b  For  Works  Progress  Administration  projects,  a  sum 

not  exceeding  three  thousand  five  hundred  dollars  .  3,500  00 

24  For  a  reserve  fund,  a  sum  not  exceeding  six  thousand 

dollars 6,000  00 

And  the  county  commissioners  of  Berkshire  county 
are  hereby  authorized  to  levy  as  the  county  tax  of 
said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  three  hundred  sixty- 
two  thousand  three  hundred  two  dollars  and  thirty- 
eight  cents,  to  be  expended,  together  with  the  cash 
balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes   ....    $362,302  38 

Bristol  Coimty. 

1  For  interest  on  county  debt,  a  sum  not  exceeding  six 

thousand  dollars $6,000  00 

2  For  reduction  of  county  debt,  a  sum  not  exceeding 

thirty-five  thousand  dollars  ....        35,000  00 

3  For  salaries  of  county  officers  and  assistants,  a  sum 

not  exceeding  fifty  thousand  dollars      .  .  .        50,000  00 

4  For  clerical  assistance  in  county  offices,  a  sum  not  ex- 

ceeding forty-two  thousand  five  hundred  dollars    .        42,500  00 

5  For  salaries  and  expenses  of  district  courts,  a  sum  not 

exceeding  one  hundred  twenty-two  thousand  dol- 
lars   122,000  00 

6  For  salaries  of  jailers,  masters  and  assistants,  and 

support  of  prisoners  in  jails  and  houses  of  correc- 
tion, a  sum  not  exceeding  seventy-five  thousand 
dollars 75,000  00 

7  For  criminal  costs  in  superior  court,  a  sum  not  ex- 

ceeding fifty-five  thousand  dollars  .        55,000  00 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts,  a  sum  not  exceeding  forty 

thousand  dollars  • 40,000  00 

10  For  transportation  and  expenses  of  county  and  asso- 

ciate  commissioners,    a   sum   not   exceeding   one 

thousand  five  hundred  dollars      ....  1,500  00 

11  For  medical  examiners,  inquests  and  commitments 

of  insane,  a  sum  not  exceeding  seventeen  thousand 

dollars 17,000  00 

12  For  auditors,  masters  and  referees,  a  simi  not  exceed- 

ing seven  thousand  dollars  ....  7,000  00 

14  For    repairing,    furnishing    and    improving    county 

buildings,  a  sum  not  exceeding  twenty  thousand 

five  hundred  dollars 20,500  00 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings, 

other  than  jails  and  houses  of  correction,  a  sum  not 

exceeding  fifty-two  thousand  dollars  52,000  00 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  fijfty  thousand 

eight  hundred  dollars 50,800  00 

17  For  law  libraries,  a  sum  not  exceeding  seven  thousand 

five  hundred  dollars 7,500  00 

18  For  the  training  school,  a  sum  not  exceeding  five 

thousand  dollars 5,000  00 

19  For  the  agricultural  school,  a  sum  not  exceeding  one 

hundred  one  thousand  six  hundred   ninety-three 
dollars  and  fifty  cents          .....      101,693  50 
22    For  pensions,  a  sum  not  exceeding  twenty-five  thou- 
sand dollars 25,000  00 


346 


Acts,  1937.  —  Chap.  320. 


Item 

23  For  miscellaneous  and  contingent  expenses  of  the  cur- 

rent year,  a  sum  not  exceeding  five  thousand  five 

hundred  dollars $5,500  00 

23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing four  thousand  dollars    .....  4,000  00 

24  For  a  reserve  fund,  a  sum  not  exceeding  ten  thousand 

dollars 10,000  00 

And  the  county  commissioners  of  Bristol  county  are 
hereby  authorized  to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the  manner  provided 
by  law,  the  sum  of  five  hundred  fifty-four  thousand 
six  hundred  sixty-two  dollars  and  nine  cents,  to  be 
expended,  together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the  above 
purposes $554,662  09 


County  of  Dukes  County. 

1  For  interest  on  county  debt,  a  sum  not  exceeding  one 

thousand  dollars $1,000  00 

2  For  reduction  of  county  debt,  a  sum  not  exceeding 

eleven  thousand  dollars       .....        11,000  00 

3  For  salaries  of  county  officers  and  assistants,  a  sum 

not  exceeding  six  thousand  one  hundred  dollars     .  6,100  00 

4  For  clerical  assistance  in  county  offices,  a  sum  not 

exceeding  one  thousand  eight  hundred  dollars        .  1,800  00 

5  For  salaries  and  expenses  of  district  courts,  a  sum  not 

exceeding  four  thousand  nine  hundred  dollars         .  4,900  00 

6  For  salaries  of  jailers,  masters  and  assistants,  and 

support  of  prisoners  in  jails  and  houses  of  correc- 
tion, a  sum  not  exceeding  one  thousand  nine  hun- 
dred dollars 1,900  00 

7  For  criminal  costs  in  superior  court,  a  sum  not  ex- 

ceeding one  thousand  five  hundred  dollars     .  .  1,500  00 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts,  a  sum  not  exceeding  one 

thousand  seven  hundred  and  fifty  dollars      .  .  1,750  00 

10  For  transportation  and  expenses  of  county  and  asso- 

ciate commissioners,  a  sum  not  exceeding  three 

hundred  dollars 300  00 

11  For  medical  examiners,  inquests  and  commitments  of 

insane,  a  sum  not  exceeding  three  hundred  dollars  .  300  00 

12  For  auditors,  masters  and  referees,  a  sum  not  exceed- 

ing three  hundred  dollars    .....  300  00 

13  For  building  county  buildings  and  purchase  of  land, 

a  sum  not  exceeding  three  hundred  and  fifty  dollars  350  00 

14  For    repairing,    furnishing    and    improving    county 

buildings,  a  sum  not  exceeding  one  thousand  six 

hundred  dollars 1,600  00 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings, 

other  than  jails  and  houses  of  correction,  a  sum  not 

exceeding  three  thousand  three  hundred  dollars  3,300  00 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  nine  thousand 

dollars 9,000  00 

17  For  the  law  library,  a  sum  not  exceeding  three  hun- 

dred dollars 300  00 

19  For  county  aid  to  agriculture,  a  sum  not  exceeding 

six  hundred  dollars     ......  600  00 

20  For  the  sanatorium  (Barnstable  County),  a  sum  not 

exceeding  six  thousand  dollars     ....  6,000  00 

21  For  the  Gay  Head  reservation,  a  sum  not  exceeding 

one  hundred  dollars    .  .  .  100  00 

23     For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  five  hundred  dollars  500  00 


Acts,  1937.  —  Chap.  320.  347 

Item 

23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing six  hundred  and  fifty  dollars  .  .  $650  00 

24     For  a  reserve  fund,  a  sum  not  exceeding  five  hundred 

dollars 500  00 

And  the  county  commissioners  of  the  county  of  Dukes 
County  are  hereby  authorized  to  levy  as  the  county 
tax  of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  sum  of  forty-one  thou- 
sand seventy-nine  dollars  and  fifty-two  cents,  to 
be  expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the 
above  purposes $41,079  52 

Essex  County. 

1  For  interest  on  county  debt,  a  sum  not  exceeding 

three  thousand  two  hundred  dollars      .  .  $3,200  00 

2  For  reduction  of  county  debt,  a  sum  not  exceeding 

seventy-two  thousand  dollars       ....        72,000  00 

3  For  salaries  of  county  officers  and  assistants,  a  sum 

not  exceeding  sixty-six  thousand  forty  dollars  66,040  00 

4  For  clerical  assistance  in  county  offices,  a  sum  not  ex- 

ceeding one  hundred  six  thousand  seven  hundred 

dollars 106,700  00 

5  For  salaries  and  expenses  of  district  courts,  a  sum  not 

exceeding  one  hundred  ninety-eight  thousand  one 

hundred  dollars 198,100  00 

6  For  salaries  of  jailers,  masters  and  assistants,  and  sup- 

port of  prisoners  in  jails  and  houses  of  correction, 
a  sum  not  exceeding  ninety-one  thousand  seven 
hundred  dollars 91,700  00 

7  For  criminal  costs  in  the  superior  court,  a  sum  not 

exceeding  seventy  thousand  dollars  .  .        70,000  00 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts,  a  sum  not  exceeding  seventy- 
five  thousand  dollars 75,000  00 

9  For  trial  justices,  a  sum  not  exceeding  five  thousand 

dollars 5,000  00 

10  For  transportation  and  expenses  of  county  and  asso- 

ciate  commissioners,    a   sum   not   exceeding   two 

thousand  one  hundred  dollars      ....  2,100  00 

11  For  medical  examiners,  inquests  and  commitments 

of  insane,  a  sum  not  exceeding  sixteen  thousand 

dollars 16,000  00 

12  For  auditors,  masters  and  referees,  a  sum  not  exceed- 

ing nineteen  thousand  dollars       ....        19,000  00 

13  For  building  county  buildings  and  purchase  of  land, 

a  sum  not  exceeding  three  thousand  dollars  .  3,000  00 

14  For    repairing,    furnishing    and    improving    county 

buildings,  a  sum  not  exceeding  twenty-four  thou- 
sand seven  hundred  dollars  ....        24,700  00 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings, 

other  than  jails  and  houses  of  correction,  a  sum  not 
exceeding  seventy-three  thousand  four  hundred 
dollars 73,400  00 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  three  hundred 
thirty-seven  thousand  seven  hundred  fifty  dollars     337,750  00 

17  For  law  libraries,  a  sum  not  exceeding  eleven  thou- 

sand five  hundred  dollars    .....        11,500  00 

18  For  the  training  school,  a  sum  not  exceeding  forty- 

nine  thousand  six  hundred  dollars         .  .        49,600  00 

19  For  the  agricultural  school,  a  sum  not  exceeding  one 

hundred  seventy  thousand  four  hundred  and  fifty 

dollars 170,450  00 


348  Acts,  1937.  —  Chap.  320. 

Item 

19a  For  a  playground  at  the  agricultural  school,  a  sum 

not  exceeding  six  thousand  dollars        .  .  .        $6,000  00 

22  For  pensions,  a  sum  not  exceeding  sixteen  thousand 

dollars 16,000  00 

23  For  miscellaneous  and  contingent  expenses  of  cur- 

rent year,  a  sum  not  exceeding  six  thousand  five 

hundred  dollars 6,500  00 

23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing two  thousand  dollars     .....  2,000  00 

24  For  a  reserve  fund,  a  sum  not  exceeding  ten  thousand 

dollars 10,000  00 

And  the  county  commissioners  of  Essex  county  are 
hereby  authorized  to  levy  as  the  county  tax  of 
said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  nine  hundred  seventy- 
eight  thousand  seven  hundred  and  ninety  dollars, 
to  be  expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the 
above  purposes $978,790  00 

Franklin  County. 

1  For  interest  on  county  debt,  a  sum  not  exceeding 

twelve  thousand  six  hundred  dollars     .  .  .      $12,600  00 

2  For  reduction  of  county  debt,  a  sum  not  exceeding 

twenty-five  thousand  dollars        ....       25,000  00 

3  For  salaries  of  county  officers  and  assistants,  a  sum 

not  exceeding  eighteen  thousand  eight  hundred 

twenty  dollars 18,820  00 

4  For  clerical  assistance  in  county  offices,  a  sum  not 

exceeding  seven  thousand  seven  hundred  sixty  dol- 
lars           7,760  00 

5  For  salaries  and  expenses  of  district  courts,  a  sum 

not  exceeding  seventeen  thousand  two  hundred 

dollars 17,200  00 

6  For  salaries  of  Jailers,  masters  and  assistants,  and 

support  of  prisoners  in  jails  and  houses  of  correc- 
tion, a  sum  not  exceeding  twenty-five  thousand 
seven  hundred  dollars  .....        25,700  00 

7  For  criminal  costs  in  superior  court,  a  sum  not  ex- 

ceeding ten  thousand  dollars        ....        10,000  00 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts,  a  sum  not  exceeding  ten 

thousand  dollars 10,000  00 

10  For  transportation  and  expenses  of  county  and  asso- 

ciate commissioners,  a  sum  not  exceeding  seven 

hundred  and  fifty  dollars 750  00 

11  For  medical  examiners,  inquests  and  commitments 

of  insane,  a  sum  not  exceeding  two  thousand  dol- 
lars .  .  .  • 2,000  00 

12  For  auditors,  masters  and  referees,  a  sum  not  exceed- 

ing one  thousand  two  hundred  dollars  .  .  1,200  00 

14  P'or  repairing,  furnishing  and  improving  county  build- 

ings, a  sum  not  exceeding  one  thousand  five  hun- 
dred dollars 1,500  00 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings, 

other  than  jails  and  houses  of  correction,  a  sum  not 

exceeding  fourteen  thousand  five  hundred  dollars  .        14,500  00 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  fifty  thousand 

dollars 50,000  00 

16a  For  examination  of  dams,  a  sum  not  exceeding  two 

hundred  dollars 200  00 

17  For  law  libraries,  a  sum  not  exceeding  two  thousand 

six  hundred  dollars 2,600  00 


Acts,  1937. —Chap.  320.  349 

Item 

19  For  county  aid  to  agriculture,  a  sum  not  exceeding 

nine  thousand  five  hundred  dollars       .  .  .        $9,500  00 

20  For  the  sanatorium  (Hampshire  County),  a  sum  not 

exceeding  eight  thousand  two  hundred  eighty-one 
dollars  and  fifty-one  cents  .....  8,281  51 

20a  For  the  Greenfield  health  camp,  a  sum  not  exceeding- 

two  thousand  dollars 2,000  00 

21  For  the  Mount  Sugar  Loaf  state  reservation,  a  sum 

not  exceeding  three  thousand  seven  hundred  dol- 
lars    3,700  00 

23  For  miscellaneous  and  contingent  expenses  of  the 

current  year,  a  sum  not  exceeding  one  thousand 

eight  hundred  dollars 1,800  00 

23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing five  hundred  dollars       .....  500  00 

24  For  a  reserve  fund,  a  sum  not  exceeding  five  thousand 

dollars 5,000  00 

And  the  county  commissioners  of  Franklin  county 
are  hereby  authorized  to  levy  as  the  county  tax  of 
said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  one  hundred  seventy- 
four  thousand  eight  hundred  seventy-nine  dollars 
and  fourteen  cents,  to  be  expended,  together  with 
the  cash  balance  on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes  .  .    $174,879  14 

Hampden  County. 

1  For  interest  on  county  debt,  a  sum  not  exceeding 

forty-six  thousand  dollars $46,000  00 

2  For  reduction  of  county  debt,  a  sum  not  exceeding 

one  hundred  and  twenty-three  thousand  dollars     .      123,000  00 

3  For  salaries  of  county  officers  and  assistants,  a  sum 

not  exceeding  fifty  thousand  dollars      .  .  50,000  00 

4  For  clerical  assistance  in  county  offices,  a  sum  not  ex- 

ceeding forty-nine  thousand  dollars       .  .        49,000  00 

5  For  salaries  and  expenses  of  district  courts,  a  sum  not 

exceeding  one  hundred  seventeen  thousand  dollars      117,000  00 

6  For  salaries  of  jailers,  masters  and  assistants,  and 

support  of  prisoners  in  jails  and  houses  of  correc- 
tion, a  sum  not  exceeding  eighty-three  thousand 
dollars 83,000  00 

7  For  criminal  costs  in  superior  court,  a  sum  not  ex- 

ceeding thirty-three  thousand  dollars   .  .  .        33,000  00 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts,  a  sum  not  exceeding  fifty 

thousand  dollars 50,000  00 

9  For  trial  justices,  a  sum  not  exceeding  two  thousand 

dollars 2,000  00 

10  For  transportation  and  expenses  of  county  and  asso- 

ciate  commissioners,    a   sum   not   exceeding   one 

thousand  dollars 1,000  00 

11  For  medical  examiners,  inquests  and  commitments 

of  insane,  a  sum  not  exceeding  fifteen  thousand 

dollars 15,000  00 

12  For  auditors,  masters  and  referees,  a  sum  not  exceed- 

ing thirty  thousand  dollars  ....        30,000  00 

14  For  repairing,  furnishing  and  improving  county  build- 

ings, a  sum  not  exceeding  ten  thousand  dollars       .        10,000  00 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings, 

other  than  jails  and  houses  of  correction,  a  sum  not 

exceeding  sixty-two  thou.sand  dollars    .  62,000  00 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  one  hundred 

eighty  thousand  dollars 180,000  00 


350  Acts,  1937.  —  Chap.  320. 

Item 

16a  For  examination  of  dams,  a  sum  not  exceeding  three 

thousand  dollars $3,000  00 

17  For  law  libraries,  a  sum  not  exceeding  nine  thousand 

dollars 9,000  00 

18  For  the  training  school,  a  sum  not  exceeding  thirty- 

two  thousand  dollars 32,000  00 

19  For  county  aid  to  agriculture,  a  sum  not  exceeding 

forty-six  thousand  dollars   .....        46,000  00 

20  For  the  sanatorium  (Hampshire  County),  a  sum  not 

exceeding   seventeen   thousand    fifty   dollars   and 

eighteen  cents    .......        17,050  18 

20a  For  the  preventorium,  a  sum  not  exceeding  three 

thousand  dollars 3,000  00 

21  For  the   Mount   Tom   state   reservation,   including 

purchase  of  land,  a  sum  not  exceeding  twelve 
thousand  six  hundred  fifty-six  dollars  and  sixty- 
two  cents  .......        12,656  62 

22  For  pensions,  a  sum  not  exceeding  twenty  thousand 

dollars 20,000  00 

23  For  miscellaneous  and  contingent  expenses  of  the 

current  year,  a  sum  not  exceeding  six  thousand 
five  hundred  sixty-four  dollars  and  ninety-six  cents         6,564  96 
23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing one  thousand  dollars     .....  1,000  00 

24  For  a  reserve  fund,  a  sum  not  exceeding  ten  thousand 

dollars 10,000  00 

And  the  county  commissioners  of  Hampden  county 
are  hereby  authorized  to  levy  as  the  county  tax  of 
said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  seven  hundred  and 
ninety-eight  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the 
receipts  from  other  sources,  for  the  above  purposes    $798,000  00 

Hampshire  County. 

1  For  interest  on  county  debt,  a  sum  not  exceeding  four 

thousand  dollars $4,000  00 

2  For  reduction  of  county  debt,  a  sum  not  exceeding 

thirty-one  thousand  two  hundred  dollars     .  .        31,200  00 

3  For  salaries  of  county  officers  and  assistants,  a  sum 

not  exceeding  twenty-one  thousand  dollars   .  .        21,000  00 

4  For  clerical  assistance  in  county  offices,  a  sum  not 

exceeding  thirteen  thousand  five  hundred  dollars  .        13,500  00 

5  For  salaries  and  expenses  of  district  courts,  a  sum  not 

exceeding  twenty-six  thousand  five  hundred  dollars        26,500  00 

6  For  salaries  of  jailers,  masters  and  assistants,  and  sup- 

port of  prisoners  in  jails  and  houses  of  correction, 

a  sum  not  exceeding  twenty-six  thousand  dollars       26,000  00 

7  For  criminal  costs  in  superior  court,  a  sum  not  ex- 

ceeding fourteen  thousand  dollars         .  .  .        14,000  00 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts,  a  sum  not  exceeding  fourteen 

thousand  dollars 14,000  00 

10  For  transportation  and  expenses  of  county  and  asso- 

ciate   commissioners,    a   sum   not   exceeding   one 

thousand  dollars 1,000  00 

11  For  medical  examiners,  inquests  and  commitments 

of  insane,  a  sum  not  exceeding  three  thousand  five 

hundred  dollars 3,500  00 

12  For  auditors,  masters  and  referees,  a  sum  not  exceed- 

ing three  thousand  five  hundred  dollars         .          .  3,500  00 

14  For  repairing,  furnishing  and  improving  county 
buildings,  a  sum  not  exceeding  four  thousand  five 
hundred  doUars 4,500  00 


Acts,  1937.  —  Chap.  320.  351 

Item 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings, 

other  than  jails  and  houses  of  correction,  a  sum  not 

exceeding  fifteen  thousand  five  hundred  dollars  $15,500  00 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,   a  sum  not  exceeding  sixty-eight 

thousand  dollars 68,000  00 

17  For  law  libraries,  a  sum  not  exceeding  one  thousand 

five  hundred  dollars 1,500  00 

19  For  county  aid  to  agriculture,  a  sum  not  exceeding 

sixteen  thousand  one  hundred  and  thirty  dollars    .        16,130  00 

20  For  the  sanatorium,  a  sum  not  exceeding  thirteen 

thousand  three  hundred  dollars   ....        13,300  00 
20a  For  the  preventorium,  a  sum  not  exceeding  two  thou- 
sand dollars 2,000  00 

21  For  state  reservations,  including  purchase  of  land,  a 

sum  not  exceeding  two  thousand  three  hundred 

dollars 2,300  00 

22  For  pensions,  a  sum  not  exceeding  five  thousand  dol- 

lars   5,000  00 

23  For  miscellaneous  and  contingent  expenses  of  the  cur- 

rent year,  a  sum  not  exceeding  four  thousand  five 

hundred  dollars 4,500  00 

23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceeding 

one  hundred  dollars  and  ninety-five  cents      .  .  100  95 

24  For  a  reserve  fund,  a  sum  not  exceeding  four  thou- 

sand five  hundred  dollars    .....  4,500  00 

And  the  county  commissioners  of  Hampshire  county 
are  hereby  authorized  to  levy  as  the  county  tax  of 
said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  two  hundred  thirty- 
five  thousand  one  hundred  ninety-nine  dollars  and 
forty-seven  cents,  to  be  expended,  together  with 
the  cash  balance  on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes  .         .         .    $235,199  47 

Middlesex  County. 

1  For  interest  on  county  debt,  a  sum  not  exceeding 

forty-eight  thousand  dollars         ....      $48,000  00 

2  For  reduction  of  county  debt,  a  sum  not  exceeding 

two  hundred  fifty-eight  thousand  dollars       .  .      258,000  00 

3  For  salaries  of  county  officers  and  assistants,  a  sum 

not  exceeding  eighty-two  thousand  dollars  .        82,000  00 

4  For  clerical  assistance  in  county  offices,  a  sum  not 

exceeding  two  hundred  thirty-nine  thousand  two 

hundred  fifty  dollars 239,250  00 

5  For  salaries  and  expenses  of  district  courts,  a  sum  not 

exceeding  three  hundred  sixty-five  thousand  dollars      365,000  00 

6  For  salaries  of  jailers,  masters  and  assistants,  and 

support  of  prisoners  in  jails  and  houses  of  correc- 
tion, a  sum  not  exceeding  three  hundred  thousand 
dollars 300,000  00 

7  For  criminal  costs  in  superior  court,  a  sum  not  exceed- 

ing two  hundred  and  ten  thousand  dollars     .  .      210,000  00 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts,  a  sum  not  exceeding  one  hun- 
dred and  forty  thousand  dollars  ....      140,000  00 

9  For  trial  justices,  a  sum  not  exceeding  one  thousand 

dollars 1,000  00 

10  For  transportation  and  expenses  of  county  and  asso- 

ciate  commissioners,   a   sum   not   exceeding   two 

thousand  dollars 2,000  00 

11  For  medical  examiners,  inquests  and  commitments 

of  insane,  a  sum  not  exceeding  thirty-four  thousand 

five  hundred  dollars 34,500  00 


352 


Acts,  1937.  —  Chap.  320. 


Item 

12  For  auditors,  masters  and  referees,  a  sum  not  exceed- 

ing fifty  thousand  dollars $50,000  00 

13  For  building  county  buildings  and  purchase  of  land, 

a  sum  not  exceeding  fifteen  thousand  dollars  .        15,000  00 

14  For  repairing,  furnishing  and  improving  county  build- 

ings, a  sum  not  exceeding  sixty  thousand  dollars   .        60,000  00 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings 

other  than  jails  and  houses  of  correction,  a  sum  not 

exceeding  one  hundred  twenty  thousand  dollars  120,000  00 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  three  hundred 
seventy-five  thousand  dollars        ....      375,000  00 

17  For  law  libraries,  a  sum  not  exceeding  twelve  thou- 

sand dollars 12,000  00 

18  For  the  training  school,  a  sum  not  exceeding  seventy- 

six  thousand  dollars 76,000  00 

19  For  county  aid  to  agriculture,  a  sum  not  exceeding 

thirty-seven  thousand  dollars       ....        37,000  00 

21  For  Walden  Pond  state  reservation,  a  sum  not  ex- 

ceeding fifteen  thousand  dollars  ....        15,000  00 

22  For  pensions,  a  sum  not  exceeding  forty  thousand 

dollars 40,000  00 

23  For  miscellaneous  and  contingent  expenses  of  the  cur- 

rent year,  a  sum  not  exceeding  ten  thousand  dollars       10,000  00 
23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing two  thousand  dollars     .....  2,000  00 

24  For  a  reserve  fund,  a  sum  not  exceeding  twelve  thou- 

sand dollars 12,000  00 

And  the  county  commissioners  of  Middlesex  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  two  million  one  hun- 
dred seventeen  thousand  seven  hundred  seventy- 
three  dollars  and  forty  cents,  to  be  expended,  to- 
gether with  the  cash  balance  on  hand  and  the 
receipts  from  other  sources,  for  the  above  pur- 
poses          $2,117,773  40 


10 


Norfolk  County. 

For  interest  on  county  debt,  a  sum  not  exceeding 

three  thousand  dollars $3,000  00 

For  reduction  of  county  debt,  a  sum  not  exceeding 
one  thousand  five  hundred  forty-four  dollars  and 
twelve  cents       .......  1,544  12 

For  salaries  of  county  officers  and  assistants,  a  sum 
not  exceeding  thirty-six  thousand  five  himdred 
dollars 36,500  00 

For  clerical  assistance  in  county  offices,  a  sum  not 
exceeding  seventy-six  thousand  five  hundred  dol- 
lars   76,500  00 

For  salaries  and  expenses  of  district  and  municipal 
courts,  a  sum  not  exceeding  one  hundred  thirty- 
eight  thousand  seven  hundred  dollars  .  .  .      138,700  00 

For  salaries  of  jailers,  masters  and  assistants,  and 
support  of  prisoners  in  jails  and  houses  of  correc- 
tion, a  sum  not  exceeding  eighty  thousand  dollars       80,000  00 

For  criminal  costs  in  superior  court,  a  sum  not  ex- 
ceeding seventy-five  thousand  dollars  .  .  .        75,000  00 

For  civil  expenses  in  supreme  judicial,  superior,  pro- 
bate and  land  courts,  a  sum  not  exceeding  forty- 
five  thousand  dollars 45,000  00 

For  transportation  and  expenses  of  county  and  asso- 
ciate commissioners,  a  sum  not  exceeding  one 
thousand  dollars 1,000  00 


Acts,  1937.  —  Chap.  320.  353 

Item 

11  For  medical  examiners,  inquests  and  commitments 

of  insane,  a  sum  not  exceeding  thirteen  thousand 

five  hundred  dollars $13,500  00 

12  For  auditors,  masters  and  referees,  a  sum  not  exceed- 

ing twenty-two  thousand  dollars  .  .  .        22,000  00 

13  For  building  county  buildings  and  purchase  of  land, 

a  sum  not  exceeding  seven  thousand  five  hundred 

dollars 7,500  00 

14  For  repairing,  furnishing  and  improving  county  build- 

ings, a  sum  not  exceeding  twenty-two  thousand 

dollars 22,000  00 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings, 

other  than  jails  and  houses  of  correction,  a  sum  not 
exceeding  seventy-two  thousand  five  hundred  dol- 
lars   72,500  00 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  fifty-six  thou- 
sand dollars 56,000  00 

17  For  law  libraries,  a  sum  not  exceeding  two  thousand 

dollars 2,000  00 

18  For  the  training  school,  a  sum  not  exceeding  twelve 

thousand  dollars 12,000  00 

19  For  the  agricultural  school,  a  sum  not  exceeding  one 

hundred  and  five  thousand  dollars        .  .  105,000  00 

22  For  pensions,  a  sum  not  exceeding  fifteen  thousand 

dollars 15,000  00 

23  For  miscellaneous  and  contingent  expenses  of  the  cur- 

rent year,  a  sum  not  exceeding  six  thousand  two 
hundred  fifty-nine  dollars  and  fifty-two  cents  6,259  52 

23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing four  thousand  dollars     .....  4,000  00 

24  For  a  reserve  fund,  a  sum  not  exceeding  ten  thousand 

dollars 10,000  00 

And  the  county  commissioners  of  Norfolk  county  are 
hereby  authorized  to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the  manner  provided 
by  law,  the  sum  of  five  hundred  twenty-nine  thou- 
sand two  hundred  dollars,  to  be  expended,  together 
with  the  cash  balance  on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes   .  .  .    $529,200  00 


Plymouth  County. 

For  interest  on  county  debt,  a  sum  not  exceeding 

ten  thousand  one  hundred  dollars         .  .  .      $10,100  00 

For  reduction  of  county  debt,  a  sum  not  exceeding 

twenty-two  thousand  dollars        ....        22,000  00 

For  salaries  of  county  officers  and  assistants,  a  sum 
not  exceeding  thirty  thousand  eight  hundred  dol- 
lars   30,800  00 

For  clerical  assistance  in  county  offices,  a  sum  not 

exceeding  twenty-five  thousand  six  hundred  dollars       25,600  00 

For  salaries  and  expenses  of  district  courts,  a  sum  not 
exceeding  seventy-six  thousand  nine  hundred  forty 
dollars 76,940  00 

For  salaries  of  jailers,  masters  and  assistants,  and 
support  of  prisoners  in  jails  and  houses  of  correc- 
tion, a  sum  not  exceeding  one  hundred  and  one 
thousand  dollars 101,000  00 

For  criminal  costs  in  superior  court,  a  sum  not  exceed- 
ing forty-two  thousand  five  hundred  dollars  .        42,500  00 

For  civil  expenses  in  supreme  judicial,  superior,  pro- 
bate and  land  courts,  a  sum  not  exceeding  twentj^- 
five  thousand  five  hundred  dollars        .  .  .        25,500  00 


354  Acts,  1937. —Chap.  320. 

Item 

10  For  transportation  and  expenses  of  county  and  asso- 

ciate commissioners,  a  sum  not  exceeding  two  thou- 
sand dollars $2,000  00 

11  For  medical  examiners,  inquests  and  commitments  of 

insane,  a  sum  not  exceeding  six  thousand  dollars   .  6,000  00 

12  For  auditors,  masters  and  referees,  a  sum  not  exceed- 

ing ten  thousand  dollars      .....        10,000  00 

14  For  repairing,  furnishing  and  improving  county  build- 

ings, a  sum  not  exceeding  thirteen  thousand  nine 

hundred  dollars 13,900  00 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings, 

other  than  jails  and  houses  of  correction,  a  sum 
not  exceeding  thirty  thousand  four  hundred  and 
ten  dollars 30,410  00 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  one  hundred  six 
thousand  four  hundred  and  fifty  dollars         .  .      106,450  00 

16a  For  examination  of  dams,  a  sum  not  exceeding  four 

thousand  dollars 4,000  00 

17  For  law  libraries,  a  sum  not  exceeding  three  thousand 

dollars 3,000  00 

18  For  the  training  school,  a  sum  not  exceeding  five 

thousand  five  hundred  dollars      ....  5,500  00 

19  For  county  aid  to  agriculture,  a  sum  not  exceeding 

twenty-four  thousand  nine  hundred  and  fifty  dol- 
lars   24,950  00 

22  For  pensions,  a  sum  not  exceeding  seven  thousand 

five  hundred  fifty-five  dollars  and  fifty-nine  cents  7,555  59 

23  For  miscellaneous  and  contingent  expenses  of  the 

current  year,  a  sum  not  exceeding  two  thousand 
five  hundred  fifty-six  dollars  and  forty-two  cents  .  2,556  42 

23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing four  thousand  dollars    .....  4,000  00 

24  For  a  reserve  fund,  a  sum  not  exceeding  five  thousand 

dollars 5,000  00 

And  the  county  commissioners  of  Plymouth  county 
are  hereby  authorized  to  levy  as  the  county  tax  of 
said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  four  hundred  twenty- 
six  thousand  five  hundred  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  re- 
ceipts from  other  sources,  for  the  above  purposes  .    $426,500  00 


Worcester  County. 

For  interest  on  county  debt,  a  sum  not  exceeding  one 

thousand  dollars $1,000  00 

For  reduction  of  county  debt,  a  sum  not  exceeding 

twenty-five  thousand  dollars        ....        25,000  00 

For  salaries  of  county  officers  and  assistants,  a  sum 
not  exceeding  fifty-eight  thousand  seven  hundred 
dollars 58,700  00 

For  clerical  assistance  in  county  offices,  a  sum  not 
exceeding  eighty-five  thousand  nine  hundred  and 
seventy-eight  dollars 85,978  00 

For  salaries  and  expenses  of  district  courts,  a  sum  not 
exceeding  one  hundred  seventy-three  thousand 
seven  hundred  eighty  dollars        ....      173,780  00 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction, 
a  sum  not  exceeding  one  hundred  seven  thousand 
five  hundred  and  ninety  dollars   ....      107,590  00 

For  criminal  costs  in  superior  court,  a  sum  not  ex- 
ceeding seventy  thousand  dollars  .  .  .        70,000  00 


Acts,  1937. —Chap.  321.  355 

Item 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts,  a  sum  not  exceeding  seventy- 
four  thousand  dollars $74,000  00 

9  For  trial  justices,  a  sum  not  exceeding  one  thousand 

dollars 1,000  00 

10  For  transportation  and  expenses  of  county  and  asso- 

ciate commissioners,  a  sum  not  exceeding  three 

thousand  four  hundred  and  fifty  dollars         .  .  3,450  00 

11  For  medical  examiners,  inquests  and  commitments  of 

insane,    a   sum   not   exceeding   twenty   thousand 

dollars 20,000  00 

12  For  auditors,  masters  and  referees,  a  sum  not  exceed- 

ing forty  thousand  dollars  .....        40,000  00 

13  For  building  county  buildings  and  purchase  of  land, 

a  sum  not  exceeding  ten  thousand  dollars      .  10,000  00  , 

14  For  repairing,  furnishing  and  improving  county  build- 

ings, a  sum  not  exceeding  thirty-one  thousand  five 

hundred  and  twelve  dollars  .  .  .  .        31,512  00 

15  For  care,  fuel,  lights  and  supplies  in  county  buildings, 

other  than  jails  and  houses  of  correction,  a  sum  not 
exceeding  sixty-eight  thousand  seventy-six  dollars 
and  fifty  cents 68,076  50 

16  For  highways,  including  state  highways,  bridges  and 

land  damages,  a  sum  not  exceeding  four  hundred 

thousand  four  hundred  and  fifty-five  dollars  .      400,455  00 

17  For  law  libraries,  a  sum  not  exceeding  thirteen  thou- 

sand three  hundred  and  twenty  dollars  .  .        13,320  00 

18  For  the  training  school,  a  sum  not  exceeding  twenty- 

one  thousand  three  hundred  and  thirty  dollars  21,330  00 

19  For  county  aid  to  agriculture,  a  sum  not  exceeding 

forty-one  thousand  five  hundred  dollars         .  .        41,500  00 

20a  For  the  preventorium,  a  sum  not  exceeding  three 

thousand  dollars 3,000  00 

21  For    the    state    reservation,    a    sum    not    exceeding 

twenty-four  thousand  dollars       ....        24,000  00 

22  For  pensions,  a  sum  not  exceeding  sixteen  thousand 

dollars 16,000  00 

23  For  miscellaneous  and  contingent  expenses  of  the  cur- 

rent year,  a  sum  not  exceeding  six  thousand  five 

hundred  dollars 6,500  00 

23a  For  unpaid  bills  of  previous  years,  a  sum  not  exceed- 
ing two  thousand  dollars     .....  2,000  00 

24  For  a  reserve  fund,  a  sum  not  exceeding  ten  thousand 

dollars 10,000  00 

And  the  county  commissioners  of  Worcester  countj^ 
are  hereby  authorized  to  levy  as  the  county  tax  of 
said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  one  million  seventy- 
four  thousand  eight  hundred  sixty-one  dollars  and 
eighty-five  cents,  to  be  expended,  together  with  the 
cash  balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes    .  .  .  $1,074,861  85 


Approved  May  20,  1937. 


Chap.S21 


An  Act  relative  to  the  method  of  making  payments 
under  the  workmen's  compensation  law  in  case  of 
certain  specified  injuries. 

Whereas,  The  deferred  operation  of  this  law  would  defeat  Emergency 
its  purpose,  therefore  it  is  hereby  declared  to  be  an  emer-  p'''^'*"'*''^- 
gency  law,  necessary  for  the  immediate  preservation  of  the 
pubhc  health,  safety  and  convenience, 


356 


Acts,  1937.  —  Chap.  322. 


G.  L.  (Ter. 
Ed.).  152,  §  37, 
amended. 


Method  of 
payment  for 
certain  injuries. 


Be  it  enacted,  etc.,  as  follows: 

Section  thirty-seven  of  chapter  one  hundred  and  fifty-two 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  inserting  after  the  word  "thirty- 
four"  in  the  tenth  line  the  word:  —  ,  thirty-four  A,  —  so 
as  to  read  as  follows :  —  Section  37.  Whenever  an  employee 
who  has  previously  suffered  a  personal  injury  resulting  in 
the  loss  by  severance,  or  the  permanent  incapacity,  of  one 
hand  at  or  above  the  wrist  or  one  foot  at  or  above  the 
ankle,  or  the  reduction  to  twenty  seventieths  of  normal  vision 
of  one  eye  with  glasses,  incurs  further  disability  by  the  loss 
or  permanent  incapacity  of  a  hand  or  foot  or  the  reduction 
to  twenty  seventieths  of  normal  vision  in  an  eye,  by  reason 
of  a  personal  injury  for  which  compensation  is  required  by 
this  chapter,  he,  or  his  dependent,  if  death  results  from  the 
injury,  shall  be  paid  the  compensation  provided  for  by 
sections  thirty-one,  thirty-two,  thirty-four,  thirty-four  A  or 
thirty-five,  in  the  following  manner: 

One  half  of  such  compensation  shall  be  paid  by  the  state 
treasurer  from  the  fund  established  by  section  sixtj^'-five, 
and  the  other  half  by  the  insurer,  but  the  additional  com- 
pensation required  by  section  thirty-six  shall  be  paid  by  the 
insurer.  Approved  May  20,  1937. 


Chav.S22  An  Act  prohibiting  and  penalizing  the  use  of  drugs 

FOR    THE    PURPOSE    OF    AFFECTING    THE    SPEED    OF    HORSES 
AT    HORSE   RACING   MEETINGS. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  128A, 
new  section 
13B,  added. 


Penalty  for 
administering 
drugs  to 
horses. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-eight  A  of  the  General 
Laws  is  hereb}'^  amended  by  inserting  after  section  thirteen  A, 
inserted  therein  by  section  eight  of  chapter  four  hundred 
and  fiftj^-four  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  the  following  new  section:  —  Section  13B.  No  person 
shall  administer  or  cause  to  be  administered  any  drug, 
internally  or  externally  by  injection,  drench  or  otherwise, 
to  any  horse  for  the  purpose  of  retarding,  stimulating  or  in 
any  other  manner  affecting  the  speed  of  such  horse  in  or  in 
connection  with  a  race  conducted  under  the  provisions  of 
this  chapter.  Whoever  violates  this  section  shall  be  punished 
by  a  fine  of  five  thousand  dollars  or  by  imprisonment  for 
one  year,  or  both.  Approved  May  20,  1937. 


Acts,  1937. —Chaps.  323,  324.  357 


An  Act  to  provide  for  state  reimbursement  for  the  QJiaj)  323 

TRANSPORTATION  OF  PUPILS  TO  VOCATIONAL  SCHOOLS 
WHERE  SUCH  PUPILS  RESIDE  IN  A  TOWN  WHICH  IS  EX- 
EMPTED FROM  MAINTAINING  A  HIGH  SCHOOL  BY  THE 
DEPARTMENT   OF   EDUCATION. 

Be  it  enacted,  etc.,  as  follows: 

Chapter   seventy-foiir   of   the    General    Laws    is   hereby  g.  l.  (Ter. 
amended  by  striking  out  section  eight  A,  as  appearing  in  the  §^8A,  amended. 
Tercentenary  Edition,   and  inserting  in  place  thereof  the 
following :  —  Section  8 A .     A  town  where  a  person  resides  Transporta- 
who  is  admitted  to  a  school  in  another  town  under  section  attend^ing^''^ 
seven,  and  in  which  a  public  high  school  offering  four  years  schools. 
of  instruction  is  not  maintained,  including  a  town  which  state  reim- 
is  specifically  exempted  by  the   department   of   education 
under  section  four  of  chapter  seventy-one  from  maintain- 
ing a  high  school,  shall,  through  its  school  committee,  when 
necessary,   provide  for  the  transportation  of  such   person 
under  the  same  conditions  and  subject  to  the  same  limita- 
tions as  to  cost,  and  shall  be  entitled  to  the  same  amount  of 
state  reimbursement,  as  is  provided  in  sections  six  and  seven 
of  chapter  seventy-one  in  the  case  of  a  person  attending  a 
public  high  school  in  a  town  other  than  that  of  his  residence; 
and  provided,  that  such  a  town  where  a  child  is  placed  by 
the  department  of  public  welfare  or  by  the  trustees  of  the 
Massachusetts  training  schools  who  is  admitted  as  afore- 
said to  a  school  in  another  town  shall  similarly  provide  for 
the  transportation  of  such  pupil  to  such  school  under  the 
same  conditions  and  subject  to  the  same  limitations  as  to 
cost  as  aforesaid  and  shall  be  entitled  to  state  reimburse- 
ment to  the  full  extent  of  the  amounts  so  expended;    and 
provided,  further,   that  such  a  town  which  is  specifically 
exempted  as  aforesaid  shall  be  entitled  to  state  reimburse- 
ment to  the  extent  of  one  half  the  amount  paid  by  it  for 
such  transportation  irrespective  of  its  expenditure  per  one 
thousand  dollars  valuation  from  the  proceeds  of  local  taxa- 
tion for  the  support  of  public  schools. 

Approved  May  20,  1937. 


Chap.324c 


An  Act  relative  to  the  hunting  of  deer  and  other 

MAMMALS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  thirty-one  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  one  hundred  and  f^'loi/etV.. 
four,  as  amended  by  section  one  of  chapter  one  hundred  and  amended, 
ninety-two  of  the  acts  of  nineteen  hundred  and  thirtj'-three, 
and  inserting  in  place  thereof  the  following:  —  Section  104-.  ^^^reJ  etc 
Whoever  constructs,  erects,  sets,  repairs  or  tends  any  snare  in  hunting" 
for  the  purpose  of  catching  or  killing  any  mammal,  or  hunts  '"'""'"'''^• 
a  mammal  by  such  means  or  by  the  aid  or  use  of  any  motor 


358  Acts,  1937.  —  Chap.  324. 

vehicle  or  artificial  light,  except  as  authorized  herein,  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than 
two  hundred  dollars.  The  construction,  erection,  setting, 
repairing  or  tending  of  any  snare  by  any  person  shall  be 
prima  facie  evidence  of  a  violation  by  him  of  this  section. 
Upon  application  to  the  director  by  the  owner  or  occupant 
of  land,  the  director  may  grant  to  him  a  permit  authorizing 
him,  a  member  of  his  family,  or  a  person  permanently  em- 
ployed by  him,  if  authorized  by  him  so  to  do,  for  such  period 
during  the  close  season  for  deer,  not  exceeding  ninety  days, 
as  may  be  specified  in  the  permit,  to  set  or  ase  a  jack  or 
artificial  light  on  such  land  for  the  purpose  of  taking,  injur- 
ing or  killing  any  deer  thereon  which  he  has  reasonable  cause 
to  believe  has  damaged  or  is  about  to  damage  crops  or  fruit 
trees  thereon;  and  in  the  event  of  the  taking,  injuring  or 
killing  of  a  deer  as  aforesaid,  the  person  by  whom  or  under 
whose  direction  the  deer  was  taken,  injured  or  killed  shall, 
within  twenty-four  hours  thereafter,  send  to  the  director  a 
written  report,  signed  by  him,  of  the  facts  relative  to  the 
said  taking,  injuring,  or  kilhng. 

The  possession,  except  as  authorized  herein,  during  the 
period  between  one  half  hour  after  sunset  and  one  half  hour 
before  sunrise  in  any  place  where  deer  might  be  found  of  a 
jack  or  artificial  light  and  also  any  firearm  and  ammunition 
adapted  to  the  hunting  of  deer,  including  a  shotgun  together 
with  shotgun  shells  loaded  with  shot,  bullet  or  ball  larger 
than  number  two  shot  but  not  including  a  rifle  the  calibre 
of  which  is  not  larger  than  that  of  a  twenty-two  long  rifle, 
so-called,  or  a  pistol  or  revolver  of  not  more  than  thirty- 
eight  calibre,  or  the  possession,  except  as  authorized  herein, 
during  the  period  between  one  half  hour  before  sunrise  and 
one  half  hour  after  sunset  in  any  such  place  of  such  a  shot- 
gun together  with  shotgun  shells  loaded  as  aforesaid,  shall 
constitute  prima  facie  evidence  that  the  person  in  possession 
thereof  is  using  the  same  for  the  purpose  of  hunting  deer  in 
violation  of  this  section. 

Nothing  herein  contained  shall  be  construed  as  permitting 
any  person  to  have  in  possession  during  the  close  season  on 
deer  any  rifle,  pistol  or  revolver  in  violation  of  section  one 
hundred  and  twelve.  Nothing  herein  contained  shall  be 
construed  to  prohibit  the  possession  or  use  of  shotgun  shells 
loaded  with  shot,  bullet  or  ball  larger  than  number  two  shot 
during  the  open  season  on  deer,  nor  to  prohibit  the  hunting 
of  raccoons  or  any  unprotected  mammal  in  a  lawful  man- 
ner with  a  jack  or  artificial  light;  provided,  that  no  motor 
vehicle  is  used  in  conjunction  with  the  use  of  such  jack  or 
artificial  light.  Approved  May  20,  1937. 


Acts,  1937.  —  Chap.  325.  359 


An  Act  increasing  the  amount  and  period  of  payments  Chav.d25 

TO   CERTAIN  DEPENDENT  CHILDREN   OF  EMPLOYEES   KILLED 
IN  INDUSTRIAL  ACCIDENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-one  of  chapter  one  hundred  and  fifty-two  g.  l.  (Ter. 
of  the  General  Laws,  as  amended  by  chapter  two  hundred  f^illtc.'. 
and  fifty  of  the  acts  of  nineteen  hundred  and  thirty-four,  is  amended, 
hereby  further  amended  by  striking  out  the  paragraph  con- 
tained in  the  seventh  to  the  forty-fourth  fines  and  inserting 
in  place  thereof  the  following:  — 

To  the  widow,  so  long  as  she  remains  unmarried,  ten  Death 
dollars  a  week  if  and  so  long  as  there  is  no  child  of  the  em-  to  wTlow^. 
ployee,  who  is  under  the  age  of  eighteen,  or  over  said  age 
and  physically  or  mentally  incapacitated  from  earning;  to 
or  for  the  use  of  the  widow  and  for  the  benefit  of  all  children 
of  the  employee,  twelve  dollars  a  week  if  and  so  long  as 
there  is  one  such  child,  and  two  dollars  more  a  week  for  each 
such  additional  child;  provided,  that  in  case  any  such  child 
is  a  child  by  a  former  wife,  the  death  benefit  shall  be  di- 
vided between  the  surviving  wife  and  all  living  children  of 
the  deceased  employee  in  equal  shares,  the  surviving  wife 
taking  the  same  share  as  a  child.  If  the  widow  dies,  such 
amount  or  amounts  as  would  have  been  payable  to  or  for 
her  own  use  and  for  the  benefit  of  all  children  of  the  em- 
ployee shall  be  paid  in  equal  shares  to  all  the  surviving 
children  of  the  employee.  If  the  widow  remarries,  all  pay- 
ments under  the  foregoing  provisions  shall  terminate  and 
the  insurer  shall  pay  each  week  to  each  of  the  children  of 
the  employee,  if  and  so  long  as  there  are  more  than  five, 
his  or  her  proportionate  share  of  eighteen  dollars  and  shall 
pay  each  of  such  children,  if  and  so  long  as  there  are  five  or 
less,  three  dollars  a  week.  If  there  is  no  surviving  wife  or 
husband  of  the  deceased  employee,  such  amount  or  amounts 
as  would  have  been  payable  under  this  section  to  or  for  the 
use  of  a  widow  and  for  the  benefit  of  all  such  children  of  the 
employee,  shall  be  paid  in  equal  shares  to  all  such  surviving 
children  of  the  employee.  The  total  amount  of  payments 
and  the  period  of  payments  in  all  cases  under  this  section 
shall  not  be  more  than  sixty-foiu"  hundred  dollars  nor  con- 
tinue for  more  than  four  hundred  weeks,  except  that  pay- 
ment to  or  for  the  benefit  of  children  of  the  deceased  employee 
under  the  age  of  eighteen  shall  not  be  discontinued  prior  to 
the  age  of  eighteen.  When  weekly  payments  have  been 
made  to  an  injured  employee  before  his  death,  compensation 
under  the  foregoing  provisions  of  this  section  shall  begin 
from  the  date  of  the  death  of  the  employee,  but  shall  not 
amount  to  a  total  of  more  than  sixty-four  hundred  dollars, 
including  such  payments  as  were  made  to  the  injured  em- 
ployee before  his  death,  and  shall  not  continue  for  more 
than  four  hundred  weeks,  including  weeks  during  which 
payments  were  made  to  the  injured  employee  before  his 


360  Acts,  1937.  —  Chap.  326. 

death,  except  as  above  provided  in  cases  where  children 
of  the  deceased  employee  continue  to  be  under  the  age  of 
eighteen.  Approved  May  20,  1937. 

Chap.32Q  ^^  ^^'^  incorporating  the   trustees   of  MIDDLESEX   UNI- 
VERSITY  WITH    POWER   TO    GRANT   CERTAIN   DEGREES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Frank  L.  Whipple,  John  Hall  Smith,  Horatio 
S.  Card,  Howard  C.  Gale,  John  M.  Russell,  C.  Ruggles  Smith, 
their  associates  and  successors,  are  hereby  constituted  a  body 
corporate  by  the  name  of  the  Trustees  of  Middlesex  Univer- 
sity; and  they  and  their  successors  and  such  as  shall  be  duly 
elected  members  of  said  corporation  shall  be  and  remain  a 
body  corporate  by  that  name  forever.  Said  trustees  shall  be 
self-perpetuating  and  shall  have  power  as  shall  be  required, 
to  elect  a  president,  vice-president,  secretary,  and  treasurer, 
and  such  other  officers  as  may  be  necessary,  and  to  declare 
the  duties  and  tenures  of  their  respective  offices;  provided, 
nevertheless,  that  the  number  of  the  members  shall  not  be 
greater  than  twenty-one. 

Section  2.  The  said  corporation  shall  have  full  power 
and  authority  to  determine  what  times  and  places  their  meet- 
ings shall  be  holden,  and  the  manner  of  notifying  the  trustees 
to  convene  at  such  meetings  and  also,  from  time  to  time,  to 
select  such  professors  and  instructors  of  said  university  as 
they  shall  judge  necessary  for  the  interest  thereof;  and  to 
determine  the  duties,  salaries,  emoluments,  responsibilities, 
and  tenures  of  the  same;  and  said  corporation  is  further 
empowered  to  piu-chase  or  erect,  and  keep  in  repair,  such 
buildings  as  they  shall  judge  necessary  for  said  university; 
also  to  make  and  ordain,  as  occasion  may  arise,  reasonable 
rules,  orders,  and  bj^-laws  for  the  regulation  of  their  own 
body,  and  also  to  determine  and  regulate  the  courses  of  in- 
struction in  said  college;  and  said  corporation  may  receive 
and  hold  real  or  personal  estate,  by  gift,  grant,  devise,  be- 
quest, or  otherwise,  to  the  amount  not  to  exceed  five  million 
dollars;  and  shall  have  all  rights,  privileges,  immunities,  and 
powers,  including  the  conferring  of  the  degrees  of  bachelor 
of  arts,  bachelor  of  science,  doctor  of  medicine,  doctor  of 
surgical  chiropody  or  podiatry,  and  doctor  of  veterinary  medi- 
cine, upon  candidates  recommended  by  the  faculties  of  its 
respective  schools;  provided,  that  the  degree  of  doctor  of 
surgical  chiropody  or  podiatry  shall  be  conferred  only  upon 
candidates  recommended  by  the  faculty  of  its  school  of 
medicine  and  that  all  courses  required  for  such  degree  shall 
be  approved  by  the  approving  authority  established  under 
the  provisions  of  section  two  of  chapter  one  hundred  and 
twelve  of  the  General  Laws,  as  amended  by  sections  one 
and  two  of  chapter  two  hundred  and  forty-seven  of  the 
acts  of  nineteen  hundred  and  thirty-six,  and  the  provisions 
thereof  relative  to  the  approval  of  a  medical  school  shall 
apply  to  the  approval  of  said  courses. 


Acts,  1937. —Chap.  326.  361 

Section  3.  The  said  corporation  may  have  a  common 
seal,  which  may  be  altered  or  renewed,  and  all  deeds  sealed 
with  the  seal  of  said  corporation  and  signed  in  accordance 
with  a  vote  of  the  board  of  trustees,  shall  be  considered  in 
law  as  the  deeds  of  said  corporation;  and  the  said  corpora- 
tion may  sue  and  be  sued  in  all  actions. 

Section  4.  The  clear  income  of  all  the  estate,  real  or 
personal,  of  which  said  corporation  shall  be  seized  and  pos- 
sessed, shall  be  applied  to  the  endowment  of  said  university 
in  such  manner  as  most  effectually  to  promote  the  general 
educational  purposes  of  said  corporation. 

Section  5.  No  officer  or  instructor  in  said  university 
shall  ever  be  required  by  the  trustees  to  profess  any  par- 
ticular religious  opinions  as  a  test  of  office,  and  no  student 
shall  be  refused  admission  to  or  denied  any  of  the  privileges, 
honors,  or  degrees  of  said  college  on  account  of  the  religious 
opinions  he  may  entertain. 

Section  6.  Middlesex  College,  an  educational  institu- 
tion incorporated  under  chapter  twenty-eight  of  the  acts  of 
eighteen  hundred  and  forty-nine  under  the  name  of  the 
Worcester  Medical  Institution,  and  whose  name  was  changed 
to  its  present  one  by  chapter  one  hundred  and  twenty-nine 
of  the  acts  of  nineteen  hundred  and  thirty-five,  and  the 
University  of  Massachusetts,  Inc.,  a  corporation  organized 
under  the  general  laws  of  the  commonwealth  in  nineteen 
hundred  and  seventeen,  are  hereby  authorized  to  transfer  to 
the  Trustees  of  INIiddlesex  University,  upon  such  terms  and 
conditions  as  shall  be  agreed  upon  by  said  corporations,  the 
various  schools  now  maintained  by  said  Middlesex  College 
and  the  University  of  Massachusetts,  Inc.,  together  with  all 
powers,  rights,  privileges,  and  franchises,  real  and  personal 
property,  claims,  trusts,  and  estates  appertaining  in  law  or 
in  equity  to  said  Middlesex  College  and  said  University  of 
Massachusetts,  Inc. 

Section  7.  When  in  meetings  duly  called  for  the  pur- 
pose, such  transfers  shall  have  been  agreed  upon  by  the 
corporations  aforesaid,  and  duly  executed,  and  when  certifi- 
cates thereof,  signed  by  the  presidents  of  said  corporations, 
shall  have  been  filed  in  the  office  of  the  secretary  of  the 
commonwealth,  the  Trustees  of  Middlesex  University  shall, 
thereupon,  take  and  enjoy  all  the  powers,  rights,  privileges, 
franchises,  real  and  personal  property,  claims,  trusts,  and 
estates,  appertaining  in  law  or  in  equity  to  said  Middlesex 
College  and  said  University  of  Massachusetts,  Inc.,  subject, 
however,  to  all  duties,  restrictions  and  liabilities  belonging 
thereto,  and  connected  therewith,  and  said  Middlesex  Col- 
lege and  the  University  of  Massachusetts,  Inc.,  shall  there- 
after remain  corporations  only  for  the  piu-pose  of  executing 
all  such  transfers,  assignments,  and  conveyances  as  may  be 
deemed  necessary  to  vest  all  such  rights,  properties,  claims, 
and  estates  in  the  Trustees  of  Middlesex  University,  and 
for  the  purpose  also  of  receiving  any  gifts,  devises,  or  be- 
quests that  may  have  been  made  to  them  by  will  or  other- 


362 


Acts,  1937.  —  Chap.  327. 


wise,  and  of  transferring  the  same  as  aforesaid,  and  for  the 
other  purposes  specified  in  section  fifty-one  of  chapter  one 
hundred  and  fifty-five  of  the  General  Laws,  Tercentenary 
Edition;  provided,  however,  that  the  Trustees  of  Middle- 
sex University  may  continue  to  make  use  of  the  name 
"Middlesex  College"  to  designate  the  academic  department 
of  said  university;  and  provided  further,  that  upon  the  dis- 
solution of  the  University  of  Massachusetts,  Inc.,  the  name 
"University  of  Massachusetts"  shall  never  thereafter  be 
appropriated  by  or  conferred  upon  any  educational  insti- 
tution other  than  one  maintained  and  controlled  by  the 
commonwealth.  Approved  May  20,  1937. 


Chap. 327  ^^  -^^'^  authorizing  the  department  of  education  to 

FURNISH  FREE  OF  CHARGE  TO  DISABLED  VETERANS  CERTAIN 
CORRESPONDENCE  COURSES. 


G.  L.  (Ter. 
Ed.).  69,  §  7, 
etc.,  amended. 


University 
extension  and 
correspondence 
courses. 


Be  it  enacted,  etc.,  as  follows: 

Section  seven  of  chapter  sixty-nine  of  the  General  Laws, 
as  most  recently  amended  by  chapter  two  hundred  and 
thirteen  of  the  acts  of  nineteen  hundred  and  thirty-seven, 
is  hereby  further  amended  by  inserting  after  the  word 
"commonwealth"  in  the  fourteenth  line  the  words:  —  and 
to  veterans,  as  such  term  is  defined  in  section  twenty-one 
of  chapter  thirty-one,  who  come  within  the  class  referred 
to  as  disabled  veterans  in  section  twenty-three  of  said  chap- 
ter thirty-one,  —  so  as  to  read  as  follows :  —  Section  7.  The 
department  may  co-operate  with  existing  institutions  of 
learning  in  the  establishment  and  conduct  of  university 
extension  and  correspondence  courses;  may  supervise  the 
administration  of  all  such  courses  supported  in  whole  or  in 
part  by  the  commonwealth;  and  also,  where  deemed  advis- 
able, may  establish  and  conduct  such  courses  for  the  benefit 
of  residents  of  the  commonwealth  and,  provided  that  the 
fees  charged  exceed  the  cost  of  service,  may  enroll  in  corre- 
spondence courses  such  non-residents  as  are  approved  by 
the  department.  The  department  may  offer  correspond- 
ence courses,  free  of  charge,  to  inmates  of  county  and  state 
hospitals  and  sanatoria,  county  and  state  correctional  insti- 
tutions, the  state  infirmary,  and  federal  hospitals  situated 
within  the  commonwealth  and  to  veterans,  as  such  term  is 
defined  in  section  twenty-one  of  chapter  thirty-one,  who 
come  within  the  class  referred  to  as  disabled  veterans  in 
section  twenty-three  of  said  chapter  thirty-one  and  to 
blind  persons  who  have  resided  in  the  commonwealth  at 
least  one  year  immediately  prior  to  the  taking  of  such 
courses.  It  may,  in  accordance  with  rules  and  regulations 
established  by  it,  grant  to  students  satisfactorily  completing 
such  courses  suitable  certificates. 

Approved  May  20,  1937. 


Acts,  1937.  —  Chap.  328.  363 


An  Act  relative  to  the  construction,  maintenance  and  Qhav  328 

OPERATION  OF  A  SYSTEM  OF  SEWERAGE  BY  THE  TOWN  OF 
DANVERS  and  changing  the  DESIGNATION  AND  ENLARG- 
ING THE  POWERS  AND  DUTIES  OF  THE  WATER  COMMIS- 
SIONERS  OF   SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  designation  of  the  water  commissioners 
in  the  town  of  Danvers  is  hereby  changed  to  water  and 
sewer  commissioners  and  all  the  powers  and  duties  con- 
ferred and  imposed  upon  a  board  of  sewer  commissioners 
by  chapter  two  hundred  and  twenty-nine  of  the  Special 
Acts  of  nineteen  hundred  and  sixteen,  and  any  acts  in 
amendment  thereof  or  in  addition  thereto,  shall  be  exer- 
cised and  performed  by  said  water  and  sewer  commissioners. 
Separate  records  and  accounts  shall  be  kept  by  said  water 
and  sewer  commissioners  of  their  functions  relating  to  water 
supply  and  of  their  functions  relating  to  sewers. 

Section  2.  Section  three  of  said  chapter  two  hundred 
and  twenty-nine  is  hereby  repealed. 

Section  3.  Said  chapter  two  hundred  and  twenty-nine 
is  hereby  further  amended  by  striking  out  section  seven 
and  inserting  in  place  thereof  the  following:  —  Section  7. 
The  town  shall  by  vote  determine  what  proportion  of  the 
cost  of  said  system  or  systems  of  sewerage  and  sewage  dis- 
posal the  town  shall  pay :  provided,  that  it  shall  pay  not  less 
than  one  third  or  more  than  one  half  of  the  whole  cost.  In 
providing  for  the  payment  of  the  remaining  portion  of  the 
cost  of  said  system  or  systems  the  town  may  avail  itself  of 
any  or  all  of  the  methods  permitted  by  general  laws,  and 
at  the  same  meeting  at  which  it  determines  the  proportion 
of  the  cost  which  is  to  be  borne  by  the  town,  it  may  by  vote 
determine  by  which  of  such  methods  the  remaining  portion 
of  said  cost  shall  be  provided  for.  In  case  it  determines  that 
such  remaining  portion  of  said  cost  shall  be  provided  for 
wholly  or  in  part  by  assessments  upon  the  owners  of  estates 
situated  within  the  territory  embraced  by  said  system  or 
systems  and  benefited  thereby,  then  said  owners  shall  be 
assessed  by  said  board  of  commissioners  their  propor- 
tional parts,  respectively^  of  such  portion  of  said  cost  as 
said  town  shall  have  determined  is  to  be  provided  for  by 
assessment,  but  no  estate  shall  be  deemed  to  be  benefited 
until  a  sewer  is  constructed  into  which  it  can  be  drained. 
For  the  purpose  of  fixing  the  amounts  of  such  assessments 
the  said  board  shall  determine  the  value  of  the  special  bene- 
fit to  each  of  said  estates,  respectively,  from  the  said  system 
or  systems  of  sewers,  taking  into  account  all  the  circum- 
stances of  the  case;  and  the  proportionate  part  to  be  paid 
by  the  owners  of  said  estates,  respectively,  shall  be  based 
upon  the  amount  of  the  special  benefit  to  each  estate,  deter- 
mined as  aforesaid,  and  in  no  case  shall  exceed  such  special 
benefit.     When   the   sewerage   system   is   available   to   an 


364  Acts,  1937. —Chap.  328. 

abutter  on  a  street  in  which  a  lateral  sewer  has  been  laid, 
the  water  and  sewer  commissioners  shall  notify  said  abutter 
in  writing  to  that  effect  and  of  the  total  amount  of  the 
assessment  levied  against  his  estate;  and  the  board  shall 
apportion  such  assessment  into  ten  equal  parts  or  assess- 
ments and  shall  certify  such  apportionment  to  the  assessors 
of  the  town,  and  one  of  said  parts  or  instalments,  with 
interest  from  the  date  of  the  apportionment  at  six  per  cent 
per  annum,  shall  be  added  by  the  assessors  to  the  annual 
tax  on  such  estate  for  each  year  next  ensuing,  until  all  the 
said  parts  have  so  been  added,  unless  sooner  paid  as  herein- 
after provided,  and  provided,  further,  that  nothing  herein 
contained  shall  be  construed  to  prevent  the  payment  at  any 
time  in  one  payment,  notwithstanding  its  prior  apportion- 
ment, of  any  balance  of  said  assessments  then  remaining 
unpaid,  but  interest  on  such  balance  at  the  rate  of  six  per 
cent  per  annum  shall  be  paid  to  the  date  of  such  payment, 
and  thereupon  the  collector  of  taxes  of  said  town  shall 
receive  the  same  and  shall  certify  such  payment  or  pay- 
ments to  the  assessors,  who  shall  preserve  a  record  thereof. 
In  case  of  corner  lots  abutting  on  more  than  one  sewered 
street  the  same  area  shall  not  be  assessed  more  than  once. 

Section  4.  Said  chapter  two  hundred  and  twenty-nine 
is  hereby  further  amended  by  striking  out  section  eleven 
and  inserting  in  place  thereof  the  following:  —  Section  11. 
Any  assessment  levied  under  the  provisions  of  section  seven 
or  charge  aforesaid  shall  constitute  a  lien  upon  the  estate 
which  shall  continue  until  the  expiration  of  two  years  from 
the  time  when  the  last  instalment  is  committed  to  the  col- 
lector. Said  assessment,  together  with  interest  at  the  rate 
of  five  per  cent  per  annum,  with  incidental  costs  and  ex- 
penses, may  be  satisfied  by  the  sale  of  the  estate  or  so  much 
thereof  as  shall  be  sufficient  to  discharge  the  assessment  and 
interest  and  intervening  charges,  if  the  assessment  is  not 
paid  within  three  months  after  any  portion  has  become  due. 
Such  sale  and  all  proceedings  connected  therewith  shall  be 
conducted  in  the  same  manner  as  sales  for  the  non-payment 
of  taxes,  and  real  estate  so  sold  may  be  redeemed  in  the 
same  manner  as  if  sold  for  the  non-payment  of  taxes.  Such 
assessments  or  parts  thereof  may  be  collected  also  by  an 
action  of  contract  in  the  name  of  the  town  of  Danvers 
against  the  owner  of  the  estate,  brought  at  any  time  within 
two  years  after  the  same  becomes  due. 

Section  5.  Section  thirteen  of  said  chapter  two  hundred 
and  twenty-nine  is  hereby  amended  by  striking  out,  in  the 
first  and  second  lines,  the  words  "of  sewer  commissioners 
shall  annually"  and  inserting  in  place  thereof  the  word:  — 
may,  —  so  as  to  read  as  follows:  —  Section  13.  Said  board 
may  appoint  a  clerk,  and  may  appoint  a  superintendent  of 
sewers,  who  shall  not  be  a  member  of  the  board,  and  may 
remove  the  clerk  or  superintendent  at  its  pleasure,  and  may 
fix  the  pay  of  the  clerk  and  superintendent,  and  define  their 
duties.    The  commissioners  may  in  their  discretion  prescribe 


Acts,  1937. —Chap.  329.  365 

such  annual  rentals  or  charges  for  the  users  of  said  sewer 
system  based  on  the  benefits  derived  therefrom  as  in  their 
judgment  they  shall  deem  proper.  The  compensation  of  the 
commissioners  shall  be  fixed  by  the  town. 

Section  5A.  Nothing  in  this  act  shall  be  construed  to 
aflfect  the  provisions  of  chapter  three  hundred  and  thirty- 
nine  of  the  acts  of  nineteen  hundred  and  twenty-five,  and 
acts  in  amendment  thereof  or  in  addition  thereto. 

Section  6.  This  act  shall  be  submitted  to  the  legal 
voters  of  said  town  at  the  annual  town  meeting  in  the  year 
nineteen  hundred  and  thirty-eight  in  the  form  of  the  follow- 
ing question,  which  shall  be  placed  upon  the  official  ballot 
to  be  used  for  the  election  of  town  officers  at  said  meeting: 
"Shall  an  act  passed  by  the  General  Court  in  the  year  nine- 
teen hundred  and  thirty-seven,  entitled  'An  Act  relative  to 
the  Construction,  Maintenance  and  Operation  of  a  System 
of  Sewerage  by  the  Town  of  Danvers  and  Changing  the 
Designation  and  Enlarging  the  Powers  and  Duties  of  the 
Water  Commissioners  of  Said  Town',  be  accepted?"  If  a 
majority  of  the  votes  cast  in  answer  to  said  question  is  in 
the  affirmative,  then  this  act  shall  thereupon  take  full  effect, 
but  not  otherwise.  Approved  May  20,  1937. 


An  Act  authorizing  the  trustees  of  medfield  state 
hospital  to  convey  certain  land  to  alice  w.  salton- 
stall  of  newton. 

Be  it  enacted,  etc.,  as  follows: 

The  trustees  of  the  Medfield  state  hospital,  on  behalf  of 
the  commonwealth,  are  hereby  authorized  and  directed  to 
convey  by  a  sufficient  deed,  in  such  form  and  containing 
such  provisions  binding  on  the  grantee  as  to  such  trustees 
shall  seem  best  and  approved  as  to  its  form  by  the  attorney 
general,  to  Alice  W.  Saltonstall  of  Newton,  in  consideration 
of  four  hundred  and  eighteen  dollars,  a  certain  parcel  of 
land  in  Dover  in  the  county  of  Norfolk  shown  on  plan  en- 
titled "Plan  of  Land  in  Dover,  Mass."  dated  April  first, 
nineteen  hundred  and  thirty-seven,  by  C.  H.  Gannett  Co., 
Civil  Engineers,  and  bounded  and  described  as  follows:  — 
Westerly  by  land  of  said  Alice  W.  Saltonstall,  six  hundred 
forty-two  and  four  one-hundredths  feet;  Northerly  by  land 
of  said  Saltonstall,  five  hundred  sixty-eight  and  ninety  one- 
hundredths  feet;  Southeasterly  by  other  land  of  the  com- 
monwealth of  Massachusetts,  eight  hundred  twenty-one  and 
eighty-three  one-hundredths  feet;  and  containing  accord- 
ing to  said  plan  four  and  eighteen  one-hundredths  acres. 

Approved  May  20,  1937. 


C/mp.329 


366  Acts,  1937. —Chap.  330. 


Chav. 330  ^^  -^^^  authorizing  the  acquisition  of  certain  land 

FOR  the  purposes  OF  THE  NORFOLK  COUNTY  TUBER- 
CULOSIS HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  approval  of  the  state  depart- 
ment of  pubHc  health,  the  county  commissioners  of  the 
county  of  Norfolk,  acting  as  trustees  of  the  Norfolk  county 
tuberculosis  hospital,  may  expend  a  sum  not  exceeding 
thirteen  thousand  dollars  for  the  purpose  of  taking  by  emi- 
nent domain  under  chapter  seventy-nine  of  the  General 
Laws,  or  acquiring  bj'^  gift,  purchase  or  otherwise,  a  certain 
parcel  of  land  in  the  town  of  Braintree,  containing  approxi- 
mately five  acres,  bounded  westerly  by  South  street,  north- 
easterly by  Washington  street,  and  southerly'-  by  land  of  the 
county  of  Norfolk,  as  shown  on  a  plan  entitled  "Plan  of 
Land  in  Braintree,  Mass.  Scale  1  inch  =  80  feet.  April  20, 
1937.  Hartley  L.  White,  County  Engineer.",  on  file  in  the 
office  of  the  county  engineer  of  said  county. 

Section  2.  For  the  purposes  set  forth  in  section  one, 
the  said  county  commissioners  may  borrow  money  on  the 
credit  of  the  county  and  issue  bonds  or  notes  of  the  county 
therefor  to  an  amount  not  exceeding,  in  the  aggregate,  thir- 
teen thousand  dollars.  Said  bonds  or  notes  shall  bear  on 
their  face  the  words,  Norfolk  County  Tuberculosis  Hospital 
Land  Loan,  Act  of  1937.  Said  bonds  or  notes  shall  be  pay- 
able by  such  annual  payments  beginning  not  more  than  one 
year  after  the  date  thereof  as  will  extinguish  each  loan  within 
five  years  from  its  date.  The  amount  of  such  annual  pay- 
ment in  any  year  shall  not  be  less  than  the  amount  of  the 
principal  of  the  loan  payable  in  any  subsequent  year.  The 
bonds  or  notes  shall  be  signed  by  the  county  treasurer  and 
countersigned  by  a  majority  of  the  county  commissioners. 
Each  authorized  issue  shall  constitute  a  separate  loan.  All 
sums  necessary  to  meet  interest  payments  on  said  bonds  or 
notes  and  payments  on  account  of  principal  as  the  same 
mature  shall  be  assessed  upon  the  cities  and  towns  of  said 
county  constituting  the  hospital  district,  in  accordance  with 
section  eighty-three  of  chapter  one  hundred  and  eleven  of 
the  General  Laws. 

Section  3.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  the  county  commissioners  of  the 
county  of  Norfolk,  but  not  otherwise. 

Approved  May  20,  1937, 


Acts,  1937. —Chaps.  331,  332.  367 


An  Act  providing  for  an  appeal  from  the  action  of  QJiav  331 

LOCAL  LICENSING  AUTHORITIES  IN  REJECTING  APPLICA- 
TIONS FOR  THE  RENEWAL  OF  COMMON  VICTUALLERS' 
LICENSES   IN    CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  folloivs: 

The  first  paragraph  of  section  twelve  of  chapter  one  hun-  q.  l.  (Ter. 
dred  and  thirty-eight  of  the  General  Laws,  as  most  recently  f 'I2,'  lif.', 
amended  by  section  two  of  chapter  two  hundred  and  seven  amended. 
of  the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby 
further  amended  by  striking  out  the  last  sentence  and  in- 
serting in  place  thereof  the  following :  — 

During  such  time  as  the  sale  of  such  alcoholic  beverages  Renewal  of 
is  authorized  in  any  city  or  town  under  this  chapter,  the  vi*"tua?ier3' 
authority   to    grant    innholders'    and    common    victuallers'  licenses. 
licenses  therein  under  chapter  one  hundred  and  forty  shall 
be  vested  in  the  local  licensing  authorities;    provided,  that 
if  a  person  applies  for  the  renewal  of  both  a  common  vict- 
ualler's license  under  said  chapter  one  hundred  and  forty 
and  a  restaurant  license  under  this  section  and  the  local 
licensing  authorities  refuse  to  grant  said  common  victualler's 
license  or  fail  to  act  on  the  application  therefor  within  a 
period  of  thirty  days,  such  person  may  appeal  therefrom  Appeal. 
to  the  commission  in  the  same  manner  as  provided  in  sec- 
tion sixty-seven  and  all  the  provisions  of  said  section  rela- 
tive to  licenses  authorized  to  be  issued  by  local  licensing 
authorities  under  this  chapter  shall  apply  in  the  case  of  such 
common  victualler's  license.  Approved  May  20,  1937. 


C/iap.332 


An  Act  providing  for  the  care   of  certain   infants 
prematurely  born. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  inserting  after  section  sixty-seven,  as  new'secUons 
appearing  in  the  Tercentenary  Edition,  the  following  four  ^fj^g^'^^' 
new  sections  under  the  following  heading :  — 

CARE    OF   CERTAIN   INFANTS    PREMATURELY   BORN. 

Section  67 A.    If  an  infant  is  born  prematurely  in  a  place  infants  pre- 
other  than  a  hospital  or  institution  equipped  to  care  for  "utside'of''"'^'^ 
prematurely  born  infants,  and  if  such  infant  weighs  five  hospitals. 
pounds  or  less,  the  physician  having  charge  of  the  birth  of  ^"^jf!  "^ 
such  infant  shall  forthwith  notify  the  board  of  health  and  board. 
the  board  of  public  welfare  of  the  town  wherein  the  infant 
was  born,  stating  the  name  of  the  mother  of  such  infant 
and  the  street  address  where  the  infant  is  at  the  time  of 
such  notification.     Such  notification  shall  be  made  as  soon 
as  is  practicable  after  such  birth  occurs,  by  telephone  if 
possible,   and   in   addition   thereto   such   physician   having 
charge  of  such  birth  shall,  within  twenty-four  hours  after 


368 


Acts,  1937. —Chap.  333. 


Transporta- 
tion of  infant 
to  hospital. 


Expenses 
for  care  of 
infant. 


Same  subject. 

Not  to  be 
deemed  pub- 
lic relief. 


such  birth,  file  a  written  report  with  such  board  of  health 
in  such  form  and  giving  such  information  as  such  board 
shall  prescribe. 

Section  67B.  Upon  the  written  request  of  either  parent 
of  such  infant  and  of  the  attending  physician,  such  board 
of  health  or  its  duly  authorized  representative,  upon  receiv- 
ing the  notification  referred  to  in  the  preceding  section,  shall 
forthwith  provide  for  the  transportation  of  such  infant  to  a 
hospital  equipped  to  care  for  prematurely  born  infants, 
unless  other  provision  for  such  transportation  shall  have 
been  made. 

Section  67C.  The  reasonable  charge  for  the  care  of  any 
infant  in  a  hospital  to  which  it  has  been  removed  in  accord- 
ance with  the  provisions  of  the  preceding  section  shall  be 
paid  by  the  parent  or  guardian,  or  any  other  person  bound 
by  law  to  maintain  such  infant,  if  he  is  able  to  pay,  other- 
wise by  the  board  of  public  welfare  of  the  town  wherein 
such  infant  was  born. 

Section  67D.  Sums  paid  by  any  town  as  provided  in  the 
two  preceding  sections  shall  not  be  deemed  to  have  been 
paid  as  public  relief,  and  no  person  shall  be  deemed  to  be  in 
receipt  of  public  relief  because  of  his  inability  to  pay  such 
sums,  but  while  such  care  is  being  given,  such  parent  or 
person  shall  not  acquire  or  lose  or  be  in  the  process  of  acquir- 
ing or  losing  a  settlement;  provided,  that  the  provisions 
of  this  section  relative  to  settlement  shall  not  apply  to  a 
guardian  who  is  not  a  parent  of  such  infant  or  a  person 
bound  by  law  to  maintain  him. 

Approved  May  20,  1937. 


Chav.SSS  -'^N  Act  exempting  certain  dealers  in  certain  fuel 

OIL  FROM  the  provisions  OF  LAW  RELATING  TO  HAWKERS 
AND   PEDLERS. 

prTambfe!^  Wheretts,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 


G.  L.  (Ter. 
Ed.),  101, 
§  15,  etc., 
amended. 


Limit  of 
application 
of  chapter. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  one  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  fifteen,  as  amended 
by  chapter  two  hundred  and  fourteen  of  the  acts  of  the 
current  year,  and  inserting  in  place  thereof  the  following :  — 
Section  15.  The  provisions  of  this  chapter  relating  to 
hawkers  and  pedlers  shall  not  apply  to  wholesalers  or  jobbers 
selling  to  dealers  only,  nor  to  commercial  agents  or  other 
persons  selling  by  sample,  lists,  catalogues  or  otherwise  for 
future  delivery,  nor  to  any  dealer  regularly  engaged  in 
supplying  customers  with  fuel  oil  for  heating  or  cooking 
purposes  from  a  fixed  place  of  business  within  the  common- 
wealth and  who  does  not  customarily  solicit  direct  sales 
from  house  to  house  or  by  means  of  outcry,  sign  or  signal, 


4 


Acts,  1937.  —  Chaps.  334,  335.  369 

nor  to  any  person  who  peddles  only  fish  obtained  by  his 
own  labor  or  that  of  his  family,  fruits,  vegetables  or  other 
farm  products  raised  or  produced  by  himself  or  his  family, 
nor  to  persons  selling  articles  for  charitable  purposes  under 
section  thirty-three,  nor  to  persons  licensed  under  section 
forty  of  chapter  ninety-four  with  respect  to  the  sale  by 
them  of  milk,  skimmed  milk,  cream,  butter,  cheese  or  other 
milk  products,  except  frozen  desserts  as  defined  in  section 
sixty-five  G  of  said  chapter  ninety-four. 

{This  bill,  returned  by  the  governor  to  the  Senate,  the  branch 
in  which  it  originated,  with  his  objections  thereto,  was  passed 
by  the  Senate,  May  13,  1937,  and,  in  concurrence,  by  the 
House  of  Representatives,  May  20,  1937,  the  objections  of 
the  governor  notwithstanding,  in  the  manner  prescribed  by  the 
constitution;   and  thereby  has  "the  force  of  a  law".) 


An  Act  authorizing  the  town  of  north  reading  to 
contribute  tow'ard  the  cost  of  motor  bus  service 

in   SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  North  Reading  may,  from  time 
to  time,  for  the  purpose  of  avoiding  a  reduction  or  discon- 
tinuance of  service,  enter  into  an  agreement  with  any  person, 
lawfully  authorized  to  operate  any  motor  vehicle  on  any 
public  way  therein  for  the  carriage  of  passengers  for  hire, 
to  contribute  to  the  cost  of  the  service;  provided,  that  no 
contribution  under  said  agreement  shall  in  any  year  exceed 
the  sum  of  two  dollars  for  each  one  thousand  dollars  of  the 
assessed  valuation  of  the  year  preceding  the  date  of  such 
agreement  and  in  no  event  shall  it  exceed  two  thousand 
dollars  unless  the  payment  of  any  such  excess  is  first  ap- 
proved by  the  department  of  public  utilities.  The  said 
department  shall,  upon  application  of  the  town,  determine 
any  question  relating  to  the  character  or  extent  of  the 
service  rendered  or  facilities  furnished  in  pursuance  of  said 
agreement,  in  the  event  of  differences  arising  between  the 
person  lawfully  authorized  as  aforesaid  and  said  town  in 
relation  thereto. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  20,  1937. 


C/iap.334 


C/iap.335 


An  Act  relative  to  the  definitions  of  butter  and 
cheese,  and  to  the  manufacture  and  sale  of  cheese. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  ninety-four  of  the  g.  l  (Ter. 
General  Laws,  as  amended,  is  hereby  further  amended  by  ftc'^'amendld 
striking   out   the    paragraph    containing   the    definition   of 
"Butter"  and  "cheese",  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following:  — 


37U 


Acts,  1937. —Chap.  335. 


"Butter" 
defined. 


G.  L.  (Ter. 
Ed.),  94,  §  1, 
etc.,  further 
amended. 


"Cheese" 
defined. 


"Cream 
cheese" 
defined.  ' 


G.  L.  (Ter. 
Ed.),  94,  §  50, 
amended. 


"Butter",  the  product  usually  known  by  that  name 
which  is  manufactured  exclusively  from  milk  and  cream 
with  or  without  salt  and  with  or  without  coloring  matter. 
Butter  shall  contain  not  less  than  eighty  per  cent  by  weight 
of  milk  fat.  Butter  containing  less  than  eighty  per  cent  by 
weight  of  milk  fat  shall  be  deemed  to  be  adulterated  within 
the  meaning  of  sections  one  hundred  and  eighty-six  to  one 
hundred  and  ninety-five,  inclusive. 

Section  2.  Said  section  one  of  said  chapter  ninety-four, 
as  amended,  is  hereby  further  amended  by  striking  out, 
after  the  definition  of  "Cattle  feed",  the  paragraph  reading 
"  'Cheese',  see  'butter',"  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  four  following 
paragraphs :  — 

"Cheese",  the  product  made  from  the  separated  curd 
obtained  b}^  the  action  of  coagulating  agents  on  milk,  either 
whole  or  skimmed,  or  partially  skimmed,  enriched  with 
cream,  salted  or  unsalted,  colored  or  uncolored.  The 
coagulation  is  accomplished  by  means  of  rennet  or  other 
suitable  enzymes,  lactic  fermentation,  or  by  a  combination 
of  the  two.  The  curd  may  be  modified  bj^  heat,  pressure, 
ripening  ferments,  special  molds,  and  may  contain  suitable 
seasoning  or  flavoring  agents. 

"Cream  cheese",  the  soft  uncured  cheese  made  from 
cow's  milk,  either  whole  or  skimmed,  enriched  with  cream, 
salted  or  unsalted,  colored  or  uncolored,  and  with  suitable 
coagulating  agents,  and  with  or  without  vegetable  gums, 
which,  if  used,  shall  not  be  in  excess  of  one  half  of  one  per 
cent  by  weight  of  the  finished  product.  It  shall  contain  not 
less  than  seventy  per  cent  butter  fat  on  a  moisture  free  basis 
and  not  more  than  fifty-six  per  cent  of  moisture.  Cream 
cheese  may  contain  added  flavoring  ingredients  when 
stated  on  the  label,  but  such  product  shall  contain  not  less 
than  sixty  per  cent  of  butter  fat  on  a  moisture  free  basis. 

The  definitions  and  standards  of  cheese  bearing  a  de- 
scriptive name  in  addition  to  the  word  "cheese",  not  other- 
wise fixed  by  the  laws  of  this  commonwealth  or  by  the 
department  of  public  health  under  section  one  hundred 
and  ninety-two,  shall  be  those  fixed  and  promulgated  by 
the  Food  and  Drug  Administration  of  the  United  States 
Department  of  Agriculture. 

Sections  one  hundred  and  eighty-six  to  one  hundred  and 
ninety-five,  inclusive,  shall  apply  to  the  adulteration  or  mis- 
branding of  all  kinds  of  cheese. 

Section  3.  Section  fifty  of  said  chapter  ninety-four,  as 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out,  in  the  fourth  line,  the  words  "and  either  not 
made  exclusively  and  wholly  of  milk  or  cream",  and  insert- 
ing in  place  thereof  the  words :  —  and  either  not  made  by 
the  use  of  coagulating  agents,  —  and  by  striking  out,  in  the 
fifth  line,  the  word  "therefrom"  and  inserting  in  place 
thereof  the  words:  —  from  the  milk  of  cows,  goats  or  sheep, 
—  so  as  to  read  as  follows :  —  Section  50.    Whoever  himself 


Acts,  1937. —Chap.  336.  371 

or  by  his  agent  sells,  exposes  for  sale  or  has  in  his  possession  imitation 
with  intent  to  sell,  any  article,  substance  or  compound,  bc^marked. 
made  in  imitation  or  semblance  of  cheese  or  as  a  substitute 
therefor,  and  either  not  made  by  the  use  of  coagulating 
agents,  or  containing  any  fats,  oils  or  grease  not  produced 
from  the  milk  of  cows,  goats  or  sheep,  shall  have  the  words 
"imitation  cheese"  stamped,  labelled  or  marked  in  printed 
letters  of  plain,  uncondensed  gothic  tj^pe,  not  less  than 
one  inch  in  length,  so  that  said  words  cannot  be  easily 
defaced,  upon  the  side  of  each  cheesecloth  or  band  around 
the  same,  and  upon  the  top  and  side  of  each  tub,  firkin, 
box  or  package  containing  any  of  said  article,  substance 
or  compound.  In  retail  sales  of  said  article,  substance  or 
compound  not  in  the  original  packages,  the  seller  shall 
attach  to  each  package  so  sold,  and  shall  deliver  therewith 
to  the  purchaser,  a  label  or  wrapper  bearing  in  a  conspicuous 
place  upon  the  outside  of  the  package  the  words  "imitation 
cheese",  in  printed  letters  of  plain  uncondensed  gothic  type, 
not  less  than  one  half  inch  in  length. 

Section   4.     Said   chapter   ninety-four,   as   amended,   is  g.  l.  (Ter. 
hereby  further  amended  by  inserting  after  section  sixty-  uelv'secl'ion 
one,  as  so  appearing,  the  following  new  section:  —  Section  6ia,  added. • 
61  A.    The  kind  of  cheese  known  as  Cheddar  cheese,  Ameri-  t^rms^as^"^*^^'" 
can  cheese  or  American  Cheddar  cheese,  may  be  sold  under  "pp'j^^d  to 
the  designation  "cheese",  without  qualification,  and,  unless  rnitted.^^"^" 
its  definition  and  standard  is  otherwise  fixed  by  the  laws 
of  the  commonwealth  or  by  the  department  of  public  health 
under  section  one  hundred  and  ninety-two,  shall  comply 
with   the   definitions   and   standards   promulgated   by   the 
Food  and  Drug  Administration  of  the  United  States  De- 
partment of  Agriculture.     Cheese  made  from  the  milk  of 
sheep  or  goats  shall  be  labelled  as  being  so  made,  unless  it 
bears  a  name  designated  by  the  laws  of  the  commonwealth 
or  by  said  department  under  said  section  one  hundred  and 
ninety-two,  or,  if  not  bearing  a  name  as  aforesaid,  by  the 
definitions  and  standards  of  said  Food  and  Drug  Adminis- 
tration. Approved  May  20,  1937. 


An  Act  amending  the  laws  relative  to  retirement  sys- 
tems IN  COUNTIES,  cities,  TOWNS  AND  CERTAIN  HOSPITAL 


C/iap.336 


DISTRICTS. 


Whereas,    The  deferred  operation  of  this  act  would  tend  ^rTambiT^ 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  twenty  of  chapter  thirty-two  of  the  g.  l.  (Xer. 
General  Laws,  as  appearing  in  section  one  of  chapter  four  fao'ffc 
hundred  of  the  acts  of  nineteen  hundred  and  thirty-six,  is  amended.' 
hereby  amended  by  striking  out  the  definitions  of  "Em- 


372 


Acts,  1937.  —  Chap.  336. 


"Employee' 
defined. 


"Regular 
interest" 
defined. 


G.  L.  (Ter. 
Ed.),  32, 
§  21,  etc., 
amended. 


Membership 
classes. 


ployee"  and  of  "Regular  interest"  contained  in  said  section 
and  inserting  in  place  thereof  the  following :  — 

"Employee",  any  person  who  is  regularly  employed  in 
the  service  of  and,  except  in  the  case  of  a  register  of  probate, 
whose  salary  or  compensation  is  paid  by  the  county  or 
hospital  district,  whether  employed  or  appointed  for  stated 
terms  or  otherwise,  except  members  of  the  judiciary  and 
teachers  in  the  public  schools  as  defined  by  sections  six  and 
seven.  In  all  cases  of  doubt  the  board  shall  decide  who  is 
an  employee. 

"Regular  interest",  interest  at  three  per  cent  per  annum 
compounded  annually;  provided,  that  if  the  actual  net 
interest  earned  on  the  reserves  of  the  system  be  more  than 
three  per  cent,  the  rate  may  be  fixed  by  vote  of  the  board 
from  time  to  time  to  correspond  substantially  to  the  rate  of 
interest  actually  earned  by  the  funds. 

Section  2.  Section  twenty-one  of  said  chapter  thirty- 
two,  as  so  appearing,  is  hereby  amended  by  striking  out 
paragraphs  (1)  (6),  (1)  (c)  and  (1)  (d)  and  inserting  in  place 
thereof  the  following :  — 

(6)  Every  person  who  is  an  employee  of  the  county  or 
hospital  district  on  the  date  when  the  system  becomes  opera- 
tive therein,  except  an  elected  officer  or  an  employee  to 
whom  any  pension  or  retirement  law  of  the  commonwealth, 
whether  general  or  special,  other  than  sections  twenty  to 
twenty-five  H,  inclusive,  is  applicable  on  said  date,  shall 
become  a  member  as  of  the  first  day  the  system  becomes 
operative,  unless  at  or  before  the  expiration  of  ninety  days 
thereafter  he  shall  file  with  the  board  on  a  form  prescribed 
by  it  a  notice  of  his  election  not  to  become  a  member  of  the 
system  and  a  duly  executed  waiver  of  all  present  and  pro- 
spective benefits  which  might  otherwise  inure  to  him  on  ac- 
count of  his  participation  therein.  All  former  employees  of 
the  county  or  hospital  district,  not  in  its  employ  upon  the 
date  on  which  the  system  becomes  operative  therein  but 
re-entering  the  service  thereof  within  five  years  from  such 
date,  may  become  members  of  the  system  upon  their  own 
application,  and  disability  beneficiaries  restored  to  active 
service  to  whom  the  provisions  of  paragraph  (3)  of  said  sec- 
tion twenty-five  A  apply  shall  forthwith  become  members 
of  the  system. 

(c)  Any  emploj^ee  who  is  expressly  excepted  from  the 
operation  of  paragraph  (6)  by  the  provisions  thereof  shall 
become  a  member  of  the  system  only  if  he  shall  then  or 
thereafter  make  written  application  to  join  the  system,  and 
shall  therein  waive  and  renounce  all  benefits  of  all  other 
pension  or  retirement  S3^stems  supported  wholly  by  the 
county  or  hospital  district,  as  the  case  may  be;  provided, 
that  no  such  employee  shall  receive  credit  for  prior  service 
unless  he  makes  such  application  for  membership  within 
one  year  from  the  date  the  system  becomes  operative 
therein;   and  provided,  further,  that  upon  such  application 


Acts,  1937. —Chap.  336.  373 

the   pertinent   provisions   of   section   thirty-seven   D   shall 
apply  to  such  eraploj^ee. 

(d)  Any  person  holding  office  by  popular  election  in  a 
county  when  the  system  becomes  operative  therein,  includ- 
ing a  register  of  probate,  may,  at  his  option,  to  be  exercised 
in  writing  not  later  than  ninety  days  thereafter,  become  a 
member  of  the  system  and  such  officer  shall  receive  credit 
for  prior  service  in  all  elective  and  non-elective  positions 
previously  held  b}^  him  in  such  county,  in  the  same  manner 
as  other  employees.  Any  employee  of  a  county  or  hospital 
district  who  becomes  a  member  while  holding  a  non-elective 
position,  and  who  thereafter  accepts  an  office  by  popular 
election,  shall  retain  his  membership  in  the  system.  Any 
person  not  an  employee  of  a  county  who,  after  the  date  on 
which  the  system  becomes  operative  therein,  is  elected  by 
popular  election  to  a  county  office  in  such  county  shall  if 
then  under  age  fifty-five  become  a  member  of  the  system. 

Section  3.  In  any  county  which  adopted  sections  twenty  Option. 
to  twenty-five  H,  inclusive,  of  chapter  thirtj'-two  of  the  Gen- 
eral Laws,  as  appearing  in  chapter  four  hundred  of  the  acts 
of  nineteen  hundred  and  thirtj^-six,  on  or  before  September 
thirtieth,  nineteen  hundred  and  thirty-six,  persons  holding 
office  by  popular  election  on  the  operative  date  of  the  sys- 
tem established  under  said  sections  may  exercise  on  or  be- 
fore July  first,  nineteen  hundred  and  thirty-seven,  the  option 
referred  to  in  section  twenty-one  (1)  (d)  of  said  chapter 
thirty-two,  as  appearing  in  this  act,  notwithstanding  the 
provisions  thereof. 

Section  4.     Section  twenty-two  of  said  chapter  thirtj^-  g.  l.  (Ter. 
two,  as  so  appearing,  is  hereby  amended  b}^  striking  out  the  f22,'eu.'., 
last  two  sentences  of  paragraph  (5)  and  inserting  in  place  amended, 
thereof  the  following  new  sentence:  - — 

In  case  of  his  reinstatement,  upon  his  redepositing  within  Reinstate- 
one  year  an  amount  equal  to  his  accumulated  deductions  or  ™^°*" 
making  provision  wuthin  one  year  for  the  return  of  such  de- 
ductions, as  provided  in  paragraph  (1)  (d)  of  section  twenty- 
five  G,  his  prior  service  certificate  shall  be  reinstated,  pro- 
vided he  re-entered  the  service  within  five  years  after  the 
termination  of  his  last  previous  service. 

Section  5.     Section  twenty-three  of  said  chapter  thirty-  g.  l.  (Ter. 
two,  as  so  appearing,  is  hereby  amended  by  adding  at  the  §'2'3,'etc'., 
end  of  subdivision  (1)  thereof  the  following  new  paragraph:  —  amended. 

Notwithstanding  the  provisions  of  this  subdivision,  no  Retirement 
person  holding  office  b}^  popular  election  shall  be  entitled  to  ^"°^*°''^- 
a  retirement  allowance  for  superannuation  unless  he  has  at 
least  fifteen  years  of  creditable  service,  and  any  such  person 
with  less  than  fifteen  years  of  creditable  service  who  ceases 
to  hold  office  shall  be  paid  the  amount  of  his  accumulated 
deductions  even  though  he  has  attained  the  age  for  retire- 
ment under  said  provisions. 

Section  6.     Paragraph  (2)  of  section  twenty-five  of  said  Sj^fip''- 
chapter  thirty-two,  as  so  appearing,  is  hereby  amended  by  §  25,'  etc., 

amended. 


374 


Acts,  1937. —Chap.  336. 


Accidental 

disability 

allowance. 


G.  L.  (Ter. 
Ed.),  32,  §  25F, 
etc.,  amended. 


Records 
of  board. 


G.  L.  (Ter. 
Ed.),  32,  §  25G, 
etc.,  amended. 


Annuity 
savings  fund, 
administra- 
tion of. 


G.  L.  (Ter. 
Ed.),  32,  §25G 
etc.,  further 
amended. 


Contributions. 


striking  out  the  first  clause  and  inserting  in  place  thereof 
the  following :  — 

Upon  retirement  for  accidental  disability,  a  member  shall 
receive  an  accidental  disability  retirement  allowance  con- 
sisting of  — 

Section  7.  Section  twenty-five  F  of  said  chapter  thirty- 
two,  as  so  appearing,  is  hereby  amended  by  striking  out,  in 
the  ninth  line  of  paragraph  (6),  the  word  "they"  and 
inserting  in  place  thereof  the  words :  —  to  the  commis- 
sioner of  insurance  and  said  county  commissioners,  —  so 
that  said  paragraph  will  read  as  follows :  — 

(6)  The  board  shall  keep  a  record  of  all  of  its  pi'oceedings, 
which  record  shall  be  open  to  public  inspection.  It  shall 
publish  annually  a  report  showing  the  fiscal  transactions  of 
the  system  for  the  preceding  year,  the  amount  of  accumulated 
cash  and  securities  of  the  system,  and  the  last  balance  sheet 
showing  the  financial  condition  of  the  system  by  means  of 
actuarial  valuation  of  the  assets  and  liabilities  thereof. 
The  board  shall  submit  said  report  to  the  county  commis- 
sioners and  to  the  commissioner  of  insurance  and  said 
county  commissioners  shall  publish  it  with  their  annual 
report.  Investments  having  fixed  maturities  and  upon 
which  interest  is  not  in  default  shall  be  carried  at  amortized 
values,  and  other  investments  at  a  reasonable  valuation  as 
determined  by  the  commissioner  of  insurance. 

Section  8.  Section  twenty-five  G  of  said  chapter  thirty- 
two,  as  so  appearing,  is  hereby  amended  by  striking  out  the 
second  sentence  of  paragraph  (1)  (a)  and  inserting  in  place 
thereof  the  two  following  sentences:  — 

The  county  treasurer  and,  in  the  case  of  members  whose 
salaries  are  paid  by  the  commonwealth,  the  state  treasurer, 
shall  withhold  five  per  cent  of  the  regular  compensation  not 
in  excess  of  fifty  dollars  weekly  due  on  each  pay  day  to  all 
employees  who  are  members  of  the  system.  The  board 
shall  notify  the  state  treasurer  whenever  a  person  whose 
salary  is  paid  by  the  commonwealth  becomes  a  member  of 
the  system. 

Section  9.  Paragraph  (1)  (d)  of  said  section  twenty-five 
G  of  said  chapter  thirty-two,  as  so  appearing,  is  hereby 
amended  by  striking  out  the  second  sentence  and  inserting 
in  place  thereof  the  following  two  new  sentences:  — 

Subject  to  like  approval,  any  member  may  authorize  the 
treasurer  of  the  county  to  deduct  and  to  deposit  in  the  an- 
nuity savings  fund  in  the  form  of  additional  regular  contri- 
butions not  exceeding  the  deductions  authorized  by  para- 
graph (1)  (a)  of  this  section,  amounts  which,  with  regular 
interest,  shall  be  used  at  his  retirement  to  purchase  an 
additional  annuity.  If  such  member  shall  so  request  in 
writing,  the  board  may  permit  a  reduction,  suspension  or 
termination  of  such  additional  contributions,  but  no  return 
of  such  additional  contributions  shall  be  made  except  in  the 
manner  provided  for  return  of  regular  deductions  in  section 
twenty-five  E. 


Acts,  1937. —Chap.  336.  375 

Section  10.    Section  twenty-five  I  of  said  chapter  thirty-  9  i^- (Ter.  _ 
two,  as  so  appearing,  is  hereby  amended  by  striking  out  the  etc.; 'amended. ' 
last  paragraph  and  inserting  in  place  thereof  the  following :  — 

In  any  county  having  a  retirement  system  which  accepts  Acceptance 
the  provisions  of  said  sections  twenty  to  twenty-five  H,  in-  p"""^'*'""^- 
elusive,  any  employee  who  has  refused  to  join  the  previously 
existing  retirement  system  may  join  the  system  under  said 
sections,  but  shall  receive  credit  for  prior  service  only  if  he 
shall,  within  one  year  of  the  date  when  said  system  be- 
comes operative,  deposit  in  a  lump  sum  if  he  has  attained 
age  sixty  or,  if  he  has  not  attained  said  age,  shall  deposit 
before  attaining  age  sixty  either  in  a  lump  sum  or  in  instal- 
ments the  amount  he  would  have  contributed  had  he  joined 
the  previously  existing  retirement  system,  with  regular 
interest. 

Section  11.  Section  twenty-six  of  chapter  thirty-two  g.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  section  one  of  chapter  ^tc"* 'amended' 
three  hundred  and  eighteen  of  the  acts  of  nineteen  hun- 
dred and  thirty-six,  is  hereby  amended  by  striking  out  the 
definitions  of  "Employee"  and  of  "Regular  interest"  con- 
tained in  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: — 

"Employee",  any  person  who  is  regidarly  employed  in  the  certain  words 
service  of,  and  whose  salary  or  compensation  is  paid  by,  ''ef^ed. 
the  city  or  town,  including  members  of  the  police  and  fire 
departments  and  other  officials  or  public  officers  so  paid, 
whether  employed  or  appointed  for  stated  terms  or  other- 
wise, except  teachers  in  the  public  schools,  as  defined  by 
sections  six  and  seven.  In  all  cases  of  doubt  the  board  shall 
decide  who  is  an  employee. 

"Regular  interest",  interest  at  three  per  cent  per  annum 
compounded  annually;  provided,  that  if  the  actual  net 
interest  earned  on  the  reserves  of  the  system  be  more  than 
three  per  cent,  the  rate  may  be  fixed  by  vote  of  the  board 
from  time  to  time  to  correspond  substantially  to  the  rate 
of  interest  actually  earned  by  the  funds. 

Section  12.    Section  twenty-seven  of  said  chapter  thirty-  g.  l.  (Ter. 
two,  as  so  appearing,  is  hereby  amended  by  striking  out  ^tc'' 'amended 
paragraphs  (1)  (6),  (1)  (c)  and  (1)  (d)  and  inserting  in  place 
thereof  the  following:  — 

(6)  Every  person  who  is  an  employee  of  the  city  or  town  Membership, 
on  the  date  when  the  system  becomes  operative  therein,  Masses  of. 
except  an  employee  to  whom  any  pension  or  retirement  law 
of  the  commonwealth,  whether  general  or  special,  other  than 
sections  twenty-six  to  thirty-one  H,  inclusive,  is  apphcable 
on  said  date,  shall  become  a  member  as  of  the  first  day  the 
system  becomes  operative,  unless  at  or  before  the  expiration 
of  ninety  days  thereafter  he  shall  file  with  the  board  on  a 
form  prescribed  by  it  a  notice  of  his  election  not  to  become 
a  member  of  the  system  and  a  duly  executed  waiver  of  all 
present  and  prospective  benefits  which  might  otherwise 
inure  to  him  on  account  of  his  participation  therein.  All 
former  employees  of  the  city  or  town,  not  in  its  employ 


376 


Acts,  1937.  —  Chap.  336. 


G.  L.  (Ter. 
Ed.),  32,  §  2S, 
etc.,  amended. 


Reinstate- 
ment. 


G.  L.  (Ter. 
Ed.),  32,  §  29, 
etc.,  amended. 


Conditions 
for  allowance. 


upon  the  date  on  which  the  system  becomes  operative  therein 
but  re-entering  the  service  thereof  within  five  years  from 
such  date,  may  become  members  of  the  system  upon  their 
own  apphcation,  and  disabihty  beneficiaries  restored  to 
active  service  to  whom  the  provisions  of  paragraph  (3)  of 
said  section  thirty-one  A  apply  shall  forthwith  become  mem- 
bers of  the  system. 

(c)  Any  employee  who  is  expressly  excepted  from  the 
operation  of  paragraph  (6)  by  the  provisions  thereof,  shall 
become  a  member  of  the  system  only  if  he  shall  then  or 
thereafter  make  written  application  to  join  the  system,  and 
shall  therein  waive  and  renounce  all  benefits  of  all  other 
pension  or  retirement  systems  supported  wholly  by  the  city 
or  town;  provided,  that  no  such  employee  shall  receive 
credit  for  prior  service  unless  he  makes  such  apphcation  for 
membership  within  one  year  from  the  date  the  system  be- 
comes operative  therein;  and  provided,  further,  that  upon 
such  application  the  pertinent  provisions  of  section  thirty- 
seven  D  shall  apply  to  such  employee. 

(d)  Any  person  holding  office  by  popular  election  in  a  city 
or  town  when  the  system  becomes  operative  therein,  may, 
at  his  option,  to  be  exercised  in  writing  not  later  than  ninety 
days  thereafter,  become  a  member  of  the  system  and  such 
officer  shall  receive  credit  for  prior  service  in  all  elective  and 
non-elective  positions  previously  held  by  him  in  such  city 
or  town,  in  the  same  manner  as  other  employees.  Any  em- 
ployee of  a  city  or  town  who  becomes  a  member  while  hold- 
ing a  non-elective  position,  and  who  thereafter  accepts  an 
office  by  popular  election,  shall  retain  his  membership  in 
the  system.  Any  person  not  an  employee  of  a  city  or  town 
who,  after  the  date  on  which  the  system  becomes  operative 
therein,  is  elected  by  popular  election  to  a  municipal  office 
in  such  city  or  town  shall  if  then  under  age  fifty-five  become 
a  member  of  the  system. 

Section  13.  Section  twenty-eight  of  said  chapter  thirty- 
two,  as  so  appearing,  is  hereby  amended  by  striking  out  the 
last  two  sentences  of  paragraph  (5),  and  inserting  in  place 
thereof  the  following  new  sentence :  — 

In  case  of  his  reinstatement,  upon  his  redepositing  within 
one  year  an  amount  equal  to  his  accumulated  deductions  or 
making  provision  within  one  year  for  the  return  of  such  de- 
ductions, as  provided  in  paragraph  (1)  (d)  of  section  thirty- 
one  G,  his  prior  service  certificate  shall  be  reinstated,  pro- 
vided he  re-entered  the  service  within  five  years  after  the 
termination  of  his  last  previous  service. 

Section  14.  Section  twenty-nine  of  said  chapter  thirty- 
two,  as  so  appearing,  is  hereby  amended  by  striking  out 
the  second  paragraph  of  subdivision  (1)  and  by  inserting  in 
place  thereof  the  following :  — 

Any  member  classified  under  Group  2,  as  defined  in  sec- 
tion twenty-seven,  who  shall  have  attained  age  sixty-five, 
and  any  member  classified  in  Group  1,  as  so  defined,  who 
shall  have  attained  age  seventy,  shall  be  retired  for  super- 


Acts,  1937.  —  Chap.  336.  377 

annuation  upon  attaining  such  age,  or  within  ninety  days 
after  the  system  becomes  operative,  if  such  age  was  attained 
prior  to  such  date;  provided,  that  an  employee  who  has 
attained  the  maximum  age  for  his  group  when  the  system 
becomes  operative  may,  at  his  own  request  and  with  the 
approval  of  the  board,  be  continued  in  service  for  a  period 
not  exceeding  two  years,  during  which  time  no  deductions 
shall  be  made  from  his  salary,  and  when  so  retired  shall  re- 
ceive a  retirement  allowance  equal  to  that  to  which  he  would 
have  been  entitled  if  retired  at  said  maximum  age  for  his 
group. 

Notwithstanding  the  provisions  of  this  subdivision,  no 
person  holding  office  by  popular  election  shall  be  entitled 
to  a  retirement  allowance  for  superannuation  unless  he  has 
at  least  fifteen  years  of  creditable  service,  and  any  such  per- 
son with  less  than  fifteen  years  of  creditable  service  who 
ceases  to  hold  office  shall  be  paid  the  amount  of  his  accumu- 
lated deductions  even  though  he  has  attained  the  age  for 
retirement  under  said  provisions. 

Section  15.     Paragraph  (2)  (d)  of  said  section  twenty-  g.  l.  (Xer. 
nine  of  said  chapter  thirty-two,  as  so  appearing,  is  hereby  etc., 'further  ' 
amended   by  striking  out,   in   the   next  to   the  last   fine,  amended. 
the  word   "retiring"    and    inserting  in  place    thereof   the 
word :  —  retirement,  —  so  that  said  paragraph  will  read  as 
follows :  — 

(d)  The  value  of  the  total  pension  under  the  two  preced-  y^jH^  °f 
ing  paragraphs,  when  added  to  the  amount  required  to  pur- 
chase the  life  annuity  referred  to  in  paragraph  (2)  (a)  of 
this  section  or  required  to  purchase  a  life  annuity  of  six 
hundred  and  fifty  dollars  at  age  sixty,  whichever  is  the 
lesser,  shall  not  exceed  the  sum  which  is  sufficient  to  pur- 
chase at  age  sixty  a  retirement  allowance  of  thirteen  hun- 
dred dollars.  No  pension  of  a  member,  except  as  hereinafter 
provided,  shall  exceed  one  half  the  average  annual  rate  of 
his  regular  compensation  for  the  five  years  prior  to  the 
termination  of  his  service,  and  no  retirement  allowance  shall 
exceed  two  thirds  of  said  average  annual  rate  of  regular 
compensation  unless  the  annuity  exceeds  one  third  of  said 
average  annual  rate,  in  which  case  the  total  pension  shall 
be  the  pension  provided  under  paragraph  (2)  (6)  of  this 
section,  the  retirement  allowance  in  all  cases  to  be  deter- 
mined on  the  basis  of  the  full  life  annuity;  provided,  that 
in  case  the  period  of  prior  service  is  less  than  five  years  said 
prior  service  pension  shall  be  computed  on  the  compensation 
received  during  the  period  of  prior  service  instead  of  the  an- 
nual rate  hereinbefore  mentioned;  and  provided,  further, 
that  a  member  who  has  been  an  employee  for  twenty  or 
more  years,  or  a  member  retired  at  the  maximum  age  for 
his  group  with  not  less  than  five  years  of  creditable  service, 
shall  receive  a  pension  which,  when  added  to  the  annual 
amount  of  the  full  life  annuity  to  which  he  is  entitled,  will 
provide  a  total  retirement  allowance  of  not  less  than  four 
hundred  and  eighty  dollars  a  year. 


pension. 


378 


Acts,  1937.  —  Chap.  336. 


G.  L.  (Ter. 
Ed.),  32,  §  31, 
etc.,  amended. 


Accidental 
disability. 


G.  L.  (Ter. 
Ed.),  32,  §31G, 
etc.,  amended. 


Deposits  in 
annuity  sav- 
ings fund. 


G.  L.  (Ter. 
Ed.),  32,  §  36, 
amended. 


Violations  of 
retirement 
law  or  rules. 


G.  L.  (Ter. 
Ed.),  32,  §37D, 
etc.,  amended. 


Transfers. 


Section  16.  Paragraph  (2)  of  section  thirty-one  of  said 
chapter  thirty-two,  as  so  appearing,  is  hereby  amended  by 
striking  out  the  first  paragraph  and  inserting  in  place  thereof 
the  following :  — 

Upon  retirement  for  accidental  disability,  a  member  clas- 
sified in  Group  1,  as  defined  in  section  twenty-seven,  shall 
receive  an  accidental  disability  retirement  allowance  con- 
sisting of  — 

Section  17.  Paragraph  (1)  (d)  of  section  thirty-one  G 
of  said  chapter  thirty-two,  as  so  appearing,  is  hereby 
amended  by  striking  out  the  second  sentence  and  insert- 
ing in  place  thereof  the  following  two  new  sentences :  — 

Subject  to  like  approval  any  member  may  authorize  the 
treasurer  of  the  city  or  town  to  deduct  and  to  deposit  in 
the  annuity  savings  fund  in  the  form  of  additional  regular 
contributions  not  exceeding  the  deductions  authorized  by 
paragraph  (1)  (a)  of  this  section,  amounts  which,  with  regu- 
lar interest,  shall  be  used  at  his  retirement  to  purchase  an 
additional  annuity.  If  such  member  shall  so  request  in 
writing,  the  board  may  permit  a  reduction,  suspension  or 
termination  of  such  additional  contributions,  but  no  return 
of  such  additional  contributions  shall  be  made  except  in  the 
manner  provided  for  return  of  regular  deductions  in  section 
thirty-one  E. 

Section  18.  Section  thirty-six  of  said  chapter  thirty- 
two,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  striking  out,  in  the  third  and  fourth  lines,  the 
word  "thirty-one"  and  inserting  in  place  thereof  the  follow- 
ing:—  thirty-one  I,  —  so  as  to  read  as  follows:  —  Section 
36.  If,  in  the  judgment  of  the  commissioner  of  insurance, 
the  county,  city  or  town  or  the  board  of  retirement  thereof 
has  violated  or  neglected  to  comply  with  any  provision  of 
sections  twenty  to  thirty-one  I,  inclusive,  or  of  the  rules 
and  regulations  established  thereunder,  he  shall  give  notice 
thereof  to  the  county  commissioners  or  the  mayor  or  the 
chairman  of  the  selectmen  and  to  the  board  of  retirement,  and 
thereafter,  if  such  violation  or  neglect  continues,  shall  forth- 
with present  the  facts  to  the  attorney  general  for  action. 

Section  19.  Section  thirty-seven  D  of  said  chapter 
thirty-two,  as  appearing  in  section  three  of  said  chapter 
three  hundred  and  eighteen,  is  hereby  amended  by  striking 
out  the  first  paragraph  and  inserting  in  place  thereof  the 
following:  — 

Any  member  of  any  contributory  retirement  system  es- 
tablished under  the  provisions  of  this  chapter  or  of  any 
special  law,  which  is  maintained  by  public  funds,  upon 
leaving  a  position  in  the  service  of  a  county  or  municipality 
or  of  the  commonwealth  or  of  the  metropolitan  district 
commission,  or  as  a  teacher  in  the  pubfic  schools,  as  defined 
in  sections  six  and  seven,  which  entitles  him^to  be  such 
member,  and  accepting  a  position  which  entitles  him  to  be- 
come a  member  of  any  other  such  system,  shall  thereupon 
be  transferred  to  such  other  system  with  the  right  to  a  re- 


Acts,  1937. —Chap.  336.  379 

tirement  allowance  based  on  his  full  service  in  both  sys- 
tems, and  the  full  amount  of  his  accumulated  deductions 
plus  regular  interest  shall  be  transferred  to  the  system  of 
which  he  then  becomes  a  member.  This  section  shall  apply 
to  any  person  who,  within  ninety  days  after  leaving  a  posi- 
tion in  any  of  said  systems,  accepts  a  position  in  any  other 
such  sj^stem;  provided,  that  it  shall  not  apply  to  a  person 
who  has  in  the  meantime  withdrawn  his  accumulated  de- 
ductions, unless  he  redeposits  in  the  annuity  fund  of  such 
system  the  full  amount  of  such  deductions  with  regular 
interest,  or  provides  for  payment  thereof  by  an  increased 
rate  of  contribution  over  a  period  not  to  exceed  five  years 
and  before  attaining  age  sixty.  No  provision  of  this  chap- 
ter or  of  any  special  law  limiting  the  age  at  which  a  person 
may  become  a  member  of  any  system  shall  prevent  a  trans- 
fer under  this  section. 

Section  20.     Said   chapter   thirty-two,   as  amended,   is  g.  l.  (Ter. 
hereby  further  amended  by  inserting  after  section  thirty-  new  sMt'ion 
seven   D,   as  so  appearing,   the  following  new  section: — 37e,  added. 
Section  37 E.     (1)  An  employee  of  a  county,  city,  town  or  Rights  of 
hospital  district  who,  having  been  a  member  of  a  contribu-  ofhe?"reti>e-^'^ 
tory   retirement   system   previously   existing   in   the   same  ment  systems. 
county,  city,  town  or  hospital  district,  joins  a  system  estab- 
Hshed  under  the  provisions  of  sections  twenty  to  twenty- 
five  H,  inclusive,  or  of  sections  twenty-six  to  thirty-one  H, 
inclusive,  shall  on  retirement  receive  a  retirement  allowance 
at  least  equal  to  that  to  which  he  would  have  been  entitled 
had  there  been  no  such  previously  existing  system. 

(2)  An  employee  who  is  or  maj^  become  eligible  under 
the  provisions  of  any  law  relative  to  non-contributory  pen- 
sions to  receive  on  retirement  any  such  pension  and  who 
joins  any  contributory  retirement  system  shall  on  retire- 
ment receive  a  retirement  allowance  at  least  equal  to  that 
to  which  he  would  have  been  entitled  had  he  not  become  a 
member  of  such  contributory  retirement  system. 

Section  21.     Section  thirty-eight  of  said  chapter  thirty-  g.  l.  (Ter. 
two,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended.  ^  ' 
amended  by  striking  out,  in  the  fourth  line,  the  word  "thirty- 
one"  and  inserting  in  place  thereof  the  following:  —  thirty- 
one  I,  —  so  as  to  read  as  follows :  —  Section  38.    The  supe-  Jurisdiction     ■ 
rior  court  shall  have  jurisdiction  in  equitj',  upon  petition  of  co<!n?^"°'^ 
the  commissioner  of  insurance  or  any  interested  party,  to 
compel  the  observance  and  to  restrain  the  violation  of  any 
provision  of  sections  one  to  thirty-one  I,  inclusive,  and  of 
the  rules  and  regulations  established  thereunder. 

Section  22.     Section  sixty-five  of  said  chapter  thirty-  g.  l.  (Ter. 
two,  as  so  appearing,  is  hereby  amended  by  striking  out  the  amencfe^d.^  ^^* 
last  sentence. 

Section  23.     The  first  sentence  of  section  seventy-three  g.  l.  (Ter. 
of  chapter  one  hundred  and  fifty-two  of  the  General  Laws,  ^tc!!'ameAded^' 
as  appearing  in  section  four  of  said  chapter  three  hundred 
and  eighteen,  is  hereby  amended  by  inserting  after  the  word 
"section"  in  the  seventh  line  the  following:  —  twenty-five 


380  Acts,  1937.  —Chaps.  337,  338. 

between  com-  D  OP,  —  SO  as  to  lead  as  follows :  —  Any  person  entitled  to 
and^pens'ion.  recelve  Compensation  as  provided  by  section  sixty-nine  from 
the  commonwealth  or  from  such  county,  city,  town  or  dis- 
trict, who  is  also  entitled  to  a  pension  by  reason  of  the  same 
injury,  shall  elect  whether  he  will  receive  such  compensa- 
tion or  such  pension,  and  shall  not  receive  both,  except  in 
the  manner  and  to  the  extent  provided  by  section  twenty- 
five  D  or  thirty-one  D  of  chapter  thirty-two. 

Approved  May  24,  1937. 


Chap. 337  -^^  -^ct  providing  for  expediting  reconstruction  of 

THE  BRIDGE  OVER  CONNECTICUT  RIVER  BETWEEN  NORTH- 
AMPTON AND  HADLEY. 

pr'^fmbie?^  Wheretts,  The  deferred  operation  of  this  act  w^ould  tend 

to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  four  hundred  and  thirty-three  of  the  acts  of 
nineteen  hundred  and  thirty-six  is  hereby  amended  by 
striking  out  section  two  and  inserting  in  place  thereof  the 
following :  —  Section  2.  The  department  is  hereby  further 
authorized  and  directed  to  reconstruct  the  bridge  over  said 
river,  known  as  the  Northampton-Hadley  bridge;  pro- 
vided, that  federal  funds  sufficient  to  pay  substantially  one 
half  of  said  total  cost  are  made  available  therefor.  Sub- 
stantially one  half  of  said  total  cost  shall  be  paid  out  of 
federal  funds  made  available  therefor  as  aforesaid  and  the 
balance  thereof  shall  be  payable  from  any  appropriation  for 
the  construction  of  highways.        Approved  May  24,  1937. 


Chav.338  An  Act  extending  the  existence  of  the  emergency 

PUBLIC    WORKS   commission. 

prTfmbk^^  Whereas,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  existence  of  the  Emergency  Public  Works  Commis- 
sion, estabhshed  by  chapter  three  hundred  and  sixty-five 
of  the  acts  of  nineteen  hundred  and  thirty-three,  as  ex- 
tended by  chapter  three  hundred  and  eighty  of  the  acts  of 
nineteen  hundred  and  thirty-five,  is  hereby  further  extended 
to  June  first,  nineteen  hundred  and  thirty-eight. 

Approved  May  24,  1937. 


Acts,  1937.  -^  Chaps.  339,  340.  381 


An  Act  authorizing  boards   of  health   in   towns  to  Chav.S^9 

MAKE  regulations  RELATIVE  TO  HOUSE  DRAINAGE  AND 
CONNECTION  WITH  COMMON  SEWERS  WITHOUT  AUTHORIZA- 
TION   BY   THEIR   RESPECTIVE    TOWNS. 

Be  it  enacted,  etc.,  as  folloivs: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  one  hundred  and  §^'i'27/^^' 
twenty-seven,   as  appearing  in  the  Tercentenary  Edition,  ai"ended. 
and  inserting  in  place  thereof  the  following:  —  Section  127.  ^^^^^^^^^^^ 
The  board  of  health  of  a  city  or  town  may  make  and  en-  house  drain- 
force  regulations  for  the  public  health  and  safety  relative  to  '^^"' 
house  drainage  and  connection  with  common  sewers,  if  such 
a  sewer  abuts  the  estate  to  be  drained.     Whoever  violates 
any  such  regulation  shall  forfeit  not  more  than  one  hundred 
dollars.  Approved  May  21^,  1937. 


ChapMO 


An  Act  relative  to  approval  by  the  department  of 
public  health  of  systems  of  water  supply  and  sew- 
age disposal. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  seventeen  of  chapter  one  hundred  and  eleven  of  Ej^"i7r"§i7 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  amended.' 
tion,  is  hereby  amended  by  striking  out  the  fourth  sentence 
and  inserting  in  place  thereof  the  following  three  new 
sentences :  —  Towns  and  persons  shall  submit  to  said  de- 
partment for  its  advice  and  approval  their  proposed  system 
of  water  supply  or  of  the  disposal  of  drainage  or  sewage, 
and  no  such  system  shall  be  established  without  such  ap- 
proval. All  petitions  to  the  general  court  for  authority  to 
introduce  a  system  of  water  supply,  drainage  or  sewerage 
shall  be  accompanied  by  a  copy  of  the  recommendation, 
advice  and  approval  of  said  department  thereon.  The  de- 
partment may  after  a  public  hearing  require  a  city  or 
town  or  water  company  to  make  such  improvements  relative 
to  any  existing  treatment  works  as  in  its  judgment  may 
be  necessary  for  the  protection  of  the  pubUc  health,  —  so 
as  to  read  as  follows:  —  Section  17.  The  department  shall  disposai^o/° 
consult  with  and  advise  the  officers  of  towns  and  persons  sewage, 
having  or  about  to  have  systems  of  water  supply,  drainage 
or  sewerage  as  to  the  most  appropriate  source  of  water 
supply  and  the  best  method  of  assuring  its  purity,  or  as  to 
the  best  method  of  disposing  of  their  drainage  or  sewage 
with  reference  to  the  existing  and  future  needs  of  other 
towns  or  persons  which  may  be  affected  thereby.  It  shall 
also  consult  with  and  advise  persons  engaged  or  intending 
to  engage  in  any  manufacturing  or  other  business  whose 
drainage  or  sewage  may  tend  to  pollute  any  inland  water 
as  to  the  best  method  of  preventing  such  pollution,  and  it 
may  conduct  experiments  to  determine  the  best  methods 


382  Acts,  1937. —Chap.  341. 

of  the  purification  or  disposal  of  drainage  or  sewage.  No 
person  shall  be  required  to  bear  the  expense  of  such  consul- 
tation, advice  or  experiments.  Towns  and  persons  shall 
submit  to  said  department  for  its  advice  and  approval  their 
proposed  system  of  water  supply  or  of  the  disposal  of  drain- 
age or  sewage,  and  no  such  system  shall  be  established 
without  such  approval.  All  petitions  to  the  general  court 
for  authority  to  introduce  a  system  of  water  supply,  drain- 
age or  sewerage  shall  be  accompanied  by  a  copy  of  the 
recommendation,  advice  and  approval  of  said  department 
thereon.  The  department  may  after  a  public  hearing  re- 
quire a  city  or  town  or  water  company  to  make  such  im- 
provements relative  to  any  existing  treatment  works  as  in 
its  judgment  may  be  necessary  for  the  protection  of  the 
public  health.  In  this  section  the  term  "drainage"  means 
rainfall,  surface  and  subsoil  water  only,  and  "sewage" 
means  domestic  and  manufacturing  filth  and  refuse. 

Approved  May  24,  1937. 


Chav.S4:l  -^N  Act  further  regulating  the  manufacture  and  sale 

OF  FROZEN  DESSERTS. 

Be  it  enacted,  etc.,  as  follows: 

Ed.^,'94il'65J,  Section  1.  Section  sixty-five  J  of  chapter  ninety-four 
etc., 'amended,  of  the  General  Laws,  inserted  therein  by  section  one  of 
chapter  three  hundred  and  seventy-three  of  the  acts  of  nine- 
teen hundred  and  thirty-four,  is  hereby  amended  by  strik- 
ing out  the  second  paragraph  and  inserting  in  place  thereof 
the  following  new  paragraph :  — 
onicenl'^.*^  Any  license  may   be  suspended  b}^  the  local  board  of 

health  which  issued  it,  and  any  license  or  permit  may  be 
suspended  by  the  department,  after  similar  notice  and  hear- 
ing and  for  any  of  the  foregoing  reasons,  until  the  holder 
of  such  license  or  permit  complies  with  the  conditions  pre- 
scribed by  the  department  for  its  reinstatement. 
Ed.),94,  §'65L,      SECTION  2.     Sectiou  sixty-five  L  of  said  chapter  ninety- 
etc..  amended,    {q^^j,  Qf  ^]^q  General  Laws,  as  so  inserted,  is  hereby  amended 
by  inserting  after  the  word   "Milk",  in  the  seventeenth 
line,  the  words :  —  in  letters  not  smaller  than  eight  point 
type  and  which  letters  shall  be  larger  than  any  other  letter- 
ing upon  the  package  or  wrapper.     No  person  shall  offer 
for  sale,  or  sell,  any  ice  milk  if  the  purchaser  has  requested 
ice  cream,  —  so  that  subdivision  (c)  will  read  as  follows:  — 
Penalty.  ^^•j  -^^  person  shall  sell  or  offer  or  expose  for  sale  ice  milk, 

unless  contained  in  a  package,  or  enclosed  in  a  wrapper, 
upon  which  shall  be  conspicuously  printed  in  the  English 
language  the  words  "Ice  Milk"  in  letters  not  smaller  than 
eight  point  type  and  which  letters  shall  be  larger  than  any 
other  lettering  upon  the  package  or  wrapper.  No  person 
shall  offer  for  sale,  or  sell,  any  ice  milk  if  the  purchaser  has 
requested  ice  cream. 


Acts,  1937.  —  Chap.  342.  383 

Section  3.     Section  sixty-five  P  of  said  chapter  ninety-  Edo,' oI.Tesp, 
four,  as  so  inserted,  is  hereby  amended  by  adding  at  the  etc.,  amended, 
end  the  following  new  paragraph :  — 

(/)  Except  where  otherwise  provided  in  sections  sixty-  Application 
five  G  to  sixty-five  S,  inclusive,  the  provisions  of  sections  sections, 
one  hundred  and  eighty-six  to  one  hundred  and  ninety-five, 
inclusive,  shall  apply  to  frozen  desserts  and  to  ice  cream 
mix,  and  to  any  materials  intended  for  use,  or  used,  in  the 
manufacture  thereof. 

Section  4.     Section  one  hundred  and  eighty-five  A  of  Edt.'olr* 
said  chapter  ninety-four,  as  appearing  in  the  Tercentenary  ^^^^^j^jj 
Edition,  is  hereby  repealed.  Approved  May  24,  1937.      ""^p"*®  • 


An  Act  to  prevent  the  misleading  of  patrons  of  cer-  nhr,^  340 

TAIN    places    as    TO    THE    BENEFICIARIES    OF    TIPS    GIVEN  ^' 

TO  HAT-CHECK  AND  CIGARETTE  GIRLS  AND  THE  LIKE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  forty-nine  of  the  2a\- ^Jq^- 
General  Laws  is  hereby  amended  by  inserting  after  section  new  section 
one  hundred  and  fifty-nine,  as  appearing  in  the  Tercente-  ^^^^'  *'i^^'^- 
nary  Edition,  the  following  new  section:  —  Section  -?5^^.  JeSted!*'^* 
No  licensee  under  chapter  one  hundred  and  thirty-eight  or 
chapter  one  hundred  and  forty  or  under  any  special  licens- 
ing law,  and  no  holder  of  a  concession  on  the  Hcensed  prem- 
ises, shall  require  any  person  employed  in  or  upon  such 
licensed  premises,  or  in  or  upon  such  part  of  such  licensed 
premises  as  is  under  his  control,  as  the  case  may  be,  to 
check  or  care  for  articles  of  clothing  or  baggage  or  to  sell 
cigarettes,  cigars,  tobacco  or  other  articles  of  merchandise, 
to  pay  over  or  account  for  the  whole  or  any  portion  of  the 
tips  or  gratuities  which  are  received  by  the  person  so  em- 
ployed, unless  there  is  displayed  in  a  conspicuous  place  in 
plain  view  of  all  persons  entering  such  licensed  premises  or 
part  thereof,  as  the  case  may  be,  a  sign  upon  which  shall 
be  stated  the  percentage  of  the  tips  or  gratuities  given  to 
persons  so  employed  which  such  persons  are  permitted  to 
retain,  or,  if  no  percentage  is  permitted  to  be  so  retained, 
that  such  persons  are  not  permitted  to  retain  any  percent- 
age of  such  tips  or  gratuities.  The  department  may  make, 
amend  and  annul  rules  and  regulations  necessary  to  carry 
out  the  purposes  of  this  section  and  shall  be  responsible  for 
its  enforcement. 

Section  2.     Section  forty-eight  of  chapter  one  hundred  ^d.^,'  uoT'i  48. 
and  forty  of  the  General  Laws,  as  so  appearing,  is  hereby  repealed. 
repealed.  Approved  May  24,  1937. 


384  Acts,  1937.  —  Chap.  343. 

CViap.343     An  Act  amending  the  laws  relating  to  pharmacy. 

Be  it  enacted,  etc.,  as  follows: 

Ed)"m%'>4       Section  1.     Section  twenty-four  of  chapter  one  hundred 
etc., 'amended. '  and  twelve  of  the  General  Laws,  as  most  recently  amended 
by  chapter  one  hundred  and  twenty-six  of  the  acts  of  nine- 
teen hundred  and  thirty-three,  is  hereby  further  amended 
by  striking  out,  in  the  thirteenth  and  fourteenth  lines,  the 
words  "but  such  certificates  shall  not  allow  the  holder  thereof 
to  carry  on  the  business  of  pharmacy"  and  inserting  in  place 
thereof  the  following:  —  and  such  certificates  shall  entitle 
the  holder  thereof  to  all  the  privileges  of  a  registered  phar- 
macist during  the  temporary  absence  of  the  latter,  which 
absence  shall  be  not  more  than  six  hours  in  any  one  period 
of  twenty-four  consecutive  hours;   provided,  that,  upon  ap- 
plication to  the  board,  such  an  assistant  may  be  permitted 
to  exercise  the  privileges  of  a  registered  pharmacist  for  such 
further  period  as  the  board  shall  determine.    No  such  cer- 
tificate as  assistant  shall  allow  the  holder  thereof  to  engage 
in  the  drug  business  on  his  own  account  or  as  a  manager  to 
conduct  a  pharmacy  or  drug  store,  —  so  as  to  read  as  fol- 
^haraaditTfor  ^^^^'  —  Scction  34-    A  persou  who  desires  to  do  business  as 
registration.       a  phamiacist  shall,  upon  payment  of  five  dollars  to  the 
board  of  registration  in  pharmacy,  herein  and  in  sections 
twenty-five  to  forty-two,  inclusive,  called  the  board,  be  en- 
titled to  examination,  and,  if  found  quahfied,  shall  be  regis- 
tered as  a  pharmacist,  and  shall  receive  a  certificate  signed 
by  the  president  and  secretary  of  the  board.     Any  person 
failing  to  pass  such  examination  shall  upon  request  be  re- 
examined, after  the  expiration  of  three  months,  at  any  regu- 
lar meeting  of  the  board,  upon  payment  of  five  dollars.    The 
board  may  grant   certificates  of  registration  as  assistants 
after  examination  upon  the  terms  above  named,  and  such 
certificates  shall  entitle  the  holder  thereof  to  all  the  privi- 
leges of  a  registered  pharmacist  during  the  temporary  ab- 
sence of  the  latter,  which  absence  shall  be  not  more  than  six 
hours  in  any  one  period  of  twenty-four  consecutive  hours; 
provided,    that,  upon   application   to   the   board,  such   an 
assistant  may  be  permitted  to  exercise  the  privileges  of  a 
registered  pharmacist  for  such  further  period  as  the  board 
shall  determine.    No  such  certificate  as  assistant  shall  allow 
the  holder  thereof  to  engage  in  the  drug  business  on  his  own 
account  or  as  a  manager  to  conduct  a  pharmacy  or  drug 
store.     The  board  may  grant  certificates  of  registration  to 
such  persons  as  shall  furnish  with  their  applications  satis- 
factory proof  that  they  have  been  registered  by  examina- 
tion in  some  other  state;    provided,  that  such  other  state 
shall  require  a  degree  of  competency  equal  to  that  required 
of  applicants  in  this  commonwealth.    Every  such  applicant 
for  registration  as  a  registered  pharmacist  shall  pay  to  the 
secretary  of  the  board  twenty-five  dollars  at  the  time  of 
filing  his  application.     No  such  certificate  shall  be  granted 


Acts,  1937.  —  Chap.  343.  385 

until  the  person  appljdng  therefor  shall  have  signified  his 
intention  of  acting  under  the  same  in  this  commonwealth. 
No  certificate  shall  be  granted  under  this  section  unless  the 
applicant  shall  have  submitted  evidence  satisfactory  to  the 
board  that  he  is  a  citizen  of  the  United  States. 

Section  2.     Section   twenty-seven  of  said   chapter  one  g.  l.  (Ter. 

T^(\  ")     112    6  27 

hundred  and  twelve,  as  amended  by  section  two  of  chapter  etc'.,'amen<ied. ' 
three  hundred  and  twenty-eight  of  the  acts  of  nineteen  hun- 
dred and  thirty-four,  is  hereby  further  amended  by  insert- 
ing after  the  word  "violating"  in  the  third  and  fourth  lines 
the  words:  —  any  of  the  rules  or  regulations  of  the  board 
or,  —  and  by  inserting  after  the  word  "said"  in  the  eighth 
line  the  following :  —  rules,  regulations  or,  —  so  as  to  read 
as  follows:  —  Section  27.  The  board  shall  hear  all  com- Hearing  on 
plaints  made  to  it  against  any  person  registered  as  a  phar-  and  complaints, 
macist  charging  him  in  his  business  as  a  pharmacist  with 
violating  any  of  the  rules  or  regulations  of  the  board  or  any 
laws  of  the  commonwealth,  and  especially  the  laws  relating 
to  the  sale  of  alcoholic  beverages,  as  defined  in  section  one 
of  chapter  one  hundred  and  thirty-eight,  and  alcohol;  or 
with  engaging  with,  or  aiding  or  abetting,  another  in  the 
violation  of  said  rules,  regulations  or  laws;  or,  if  he  himself 
is  not  the  owner  and  actively  engaged  in  such  business, 
with  suffering  or  permitting  the  use  of  his  name  or  certifi- 
cate of  registration  by  others  in  the  conduct  of  the  business 
of  pharmacy.  Such  complaint  shall  set  out  the  offence 
alleged  and  be  made  within  fifteen  days  after  the  date  of  the 
act  complained  of,  or  within  thirty  days  after  a  conviction 
by  a  court  of  competent  jurisdiction.  The  board  shall  notify 
the  person  complained  against  of  the  charge  against  him  and 
of  the  time  and  place  of  the  hearing  at  which  he  may  appear 
with  his  witnesses  and  be  heard  by  counsel.  It  may  sum- 
mon witnesses  and  compel  their  attendance  at  said  hearings. 
Witnesses  shall  testify  on  oath  and  may  be  sworn  by  a 
member  of  the  board.  Three  members  of  the  board  shall 
be  a  quorum  for  any  such  hearing. 

Section  3.     Section  thirty  of  said  chapter  one  hundred  ^j^-  '^[2%  30, 
and  twelve,  as  appearing  in  the  Tercentenary  Edition,  is  amended.' 
hereby  amended  by  inserting  after  the  word  "therein"  in 
the  ninth  line  the  words :  —  or  an  assistant  is  in  charge 
thereof  during  the  temporary  absence  of  the  registered  phar- 
macist, or  as  otherwise  permitted  by  the  board,  as  provided 
for  in  section  twenty-four,  —  so  as  to  read  as  follows:  — 
Section  30.     Except  as  provided  in  section  sixty-five,  who-  Penalty  for 
ever,  not  being  registered  under  section  twenty-four  or  cor-  "aVof  drugs, 
responding  provisions  of  earlier  laws,  sells  or  offers  for  sale 
at  retail,  compounds  for  sale  or  dispenses  for  medicinal  pur- 
poses drugs,  medicines,  chemicals  or  poisons,  except  as  pro- 
vided in  sections  thirty-five  and  thirty-six,  shall  be  punished 
by  a  fine  of  not  more  than  fifty  dollars.     This  section  shall 
not  prohibit  the  employment  of  apprentices  or  assistants 
and  the  sale  by  them  of  any  drugs,  medicines,  chemicals  or 
poisons,  provided  a  registered  pharmacist  is  in  charge  of  the 


386  Acts,  1937.  —  Chap.  343. 

store  and  present  therein  or  an  assistant  is  in  charge  thereof 
during  the  temporary  absence  of  the  registered  pharmacist, 
or  as  otherwise  permitted  by  the  board,  as  provided  for  in 
section  twenty-four;  nor  shall  it  apply  to  any  unregistered 
co-partner  or  unregistered  stockholder  in  a  corporation  do- 
ing a  retail  drug  business  who  was  actively  engaged  in  the 
drug  business  on  May  twenty-eighth,  nineteen  hundred  and 
thirteen. 
Ed^,'  nl.'^'i  35,  Section  4.  Section  thirty-five  of  said  chapter  one  hun- 
etc, 'amended.'  drcd  and  twclve,  as  most  recently  amended  by  chapter  three 
hundred  and  six  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  is  hereby  further  amended  by  inserting  after  the  word 
"use"  in  the  eleventh  line  the  words:  —  which  are  hyp- 
notics or,  —  and  by  inserting  after  the  word  "acid"  in  the 
same  hne  the  words :  —  or  its  derivatives  and  other  than 
the  sale  at  retail  of  such  medicines  which  are  exclusively 
prepared  for  hypodermic  use  in  the  human  system,  —  so  as 
^^tllriawV^  to  read  as  folio ws:  —  *S6dion  85.  Sections  thirty  and  thirty- 
restricted,  seven  to  forty-one,  inclusive,  of  this  chapter,  sections  twenty- 
nine  to  thirty  G,  inclusive,  of  chapter  one  hundred  and 
thirty-eight  and  section  two  of  chapter  two  hundred  and 
seventy  shall  not  apply  to  physicians  who  put  up  their  own 
prescriptions  or  dispense  medicines  to  their  patients;  nor 
to  the  sale  of  drugs,  medicines,  chemicals  or  poisons  by 
wholesale  dealers  or  manufacturing  chemists  to  retail 
dealers;  nor  to  the  manufacture  of  patent  and  proprietary 
medicines,  nor  to  the  sale  of  such  medicines  other  than  the 
sale  at  retail  of  those  intended  for  internal  use  which  are 
hypnotics  or  which  contain  barbituric  acid  or  its  deriva- 
tives and  other  than  the  sale  at  retail  of  such  medicines 
which  are  exclusively  prepared  for  hypodermic  use  in  the 
human  system;  nor  to  the  sale  by  merchants  at  retail  of 
the  following  drugs  and  chemicals  used  in  the  arts,  or  as 
household  remedies:  alum,  ammonia,  bicarbonate  of  soda, 
borax,  camphor,  castor  oil,  chlorinated  lime,  citric  acid,  cod 
liver  oil,  copperas,  cotton  seed  oil,  cream  of  tartar,  dye- 
stuffs,  Epsom  salt,  flaxseed,  flaxseed  meal,  gelatine,  ginger, 
Glauber's  salt,  glycerine,  gum  arable,  gum  tragacanth,  hops, 
hyposulphite  of  soda,  licorice,  lime  water,  linseed  oil,  litharge, 
magnesia,  olive  oil,  peroxide  of  hj^drogen,  petrolatum,  phos- 
phate of  soda,  rhubarb,  Rochelle  salt,  rosin,  sal  ammoniac, 
salt-peter,  senna,  slippery  elm  bark,  spices  for  seasoning, 
sugar  of  milk,  sulphate  of  copper,  sulphur,  tartaric  acid, 
turpentine,  extract  of  witch  hazel  and  zinc  oxide;  nor  to 
the  sale  in  the  original  packages  of  the  following,  if  put  up 
by  registered  pharmacists,  manufacturers  or  wholesale  deal- 
ers in  conformity  with  law:  flavoring  essences  or  extracts, 
essence  of  Jamaica  ginger,  insecticides,  rat  exterminators, 
aromatic  spirits  of  ammonia,  spirits  of  camphor,  sweet  spirits 
of  niter,  syrup  of  rhubarb,  tincture  of  arnica  and  tincture  of 
rhubarb;  nor  to  the  sale  of  the  following  poisons  used  in 
the  arts,  if  properly  labelled  and  recorded  as  provided  by 
section  two  of  chapter  two  hundred  and  seventy:   muriatic 


Acts,  1937.  —  Chap.  344.  387 

acid,  oxalic  acid,  nitric  acid,  sulphuric  acid,  arsenic,  cyanide 
of  potassium,  mercury,  phosphorus  and  sulphate  of  zinc. 

Section  5.  Section  forty  of  said  chapter  one  hundred  EdV'iTa"^"?  40 
and  twelve,  as  amended  by  section  six  A  of  said  chapter  etc., 'amended.' 
three  hundred  and  twenty-eight,  is  hereby  further  amended 
by  inserting  after  the  word  "thirty-eight"  in  the  sixth 
Hne  the  following:  —  ,  or  for  any  violation  of  the  rules  and 
regulations  established  by  the  board,  —  and  by  inserting 
after  the  word  "law"  in  the  seventh  line  the  following: 
— ,  rules  or  regulations,  —  so  as  to  read  as  follows:  —  Sec-  Suspension 
Hon  40.  The  board  may  suspend  or  revoke  any  registration  Cf  rlgi^tratTon 
made  under  the  preceding  section  and  any  permit  issued  or  permit, 
thereunder  for  any  violation  of  the  law  pertaining  to  the 
drug  business  or  the  sale  of  alcoholic  beverages,  as  defined 
in  section  one  of  chapter  one  hundred  and  thirty-eight,  or 
for  any  violation  of  the  rules  and  regulations  established 
by  the  board,  or  for  aiding  or  abetting  in  a  violation  of 
any  such  law,  rules  or  regulations;  but  before  such  suspen- 
sion or  revocation  the  board  shall  give  a  hearing  to  the 
holder  of  the  permit,  after  due  notice  to  him  of  the  charges 
against  him  and  of  the  time  and  place  of  the  hearing.  Such 
holder  may  appear  at  the  iiearing  with  witnesses  and  be 
heard  by  counsel.  Witnesses  shall  testify  on  oath  and  any 
member  of  the  board  may  administer  oaths  to  them.  The 
board  may  require  the  attendance  of  persons  and  compel 
the  production  of  books  and  documents.  Three  members 
of  the  board  shall  be  a  quorum  for  such  a  hearing,  but  no 
registration  or  permit  shall  be  suspended  or  revoked  unless 
upon  the  affirmative  vote  of  three  or  more  members  thereof. 

Section   6.     Said  chapter  one  hundred  and   twelve  is  o.  l.  (Ter. 
hereby  further  amended  by  inserting  after  section  forty-  new'siitlon 
two,  as  so  appearing,  the  following  new  section:  —  Section  42A,  added. 
42 A.    The  board  may  make  such  rules  and  regulations  as  it  R^'ps. 
deems  necessary  to  enable  it  to  properly  enforce  the  pro- 
visions of  law  relating  to  the  retail  drug  business  and  phar- 
macy, and  regarding  any  other  matter  within  its  jurisdiction; 
provided,  that  nothing  herein  shall  authorize  the  board  to 
make  a  rule  or  regulation  requiring,  as  a  prerequisite  to  the 
examination  of  an  applicant  under  section  twenty-four,  or 
to  his  qualification,  that  he  be  the  holder  of  a  degree. 

Approved  May  2Jf,  1937. 


An  Act  granting  certain  powers  to  the  department  of  (JJiq^)  344 
public   works  with  respect  to    certain   ways   con-  ^  * 

necting  with  state  highways. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  eighty-one  of  the  General  Laws  is  hereby  amended  Ed^'s?'''^" 
by  inserting  after  section  seven,  as  appearing  in  the  Ter-  new  section 
centenary  Edition,  the  following  new  section:  —  Section  7 A.  RgJocation 
In  connection  with  the  laj'ing  out,  alteration  or  reconstruc-  etc.,  of  ways 
tion  of  a  state  highway,  the  department  may  alter  or  re-  stTte^^highways. 


388 


Acts,  1937.  —  Chap.  345. 


locate  connecting  ways  as  may  be  necessary.  Land  or 
rights  in  land  may  be  acquired  for  this  purpose  by  eminent 
domain  under  chapter  seventy-nine  by  the  department 
in  behalf  of  the  city  or  town  in  which  the  land  lies,  or  in 
behalf  of  the  commonwealth,  at  the  option  of  the  depart- 
ment. Any  person  whose  property  has  been  taken  or  injured 
by  any  action  of  said  department  under  authority  of  this 
section  may  recover  from  the  commonwealth  under  chap- 
ter seventy-nine  such  damages  therefor  as  he  may  be  en- 
titled to.  Approved  May  S4,  1937. 


Chap. 


G.  L.  (Ter. 
Ed.)i  chapter 
54A,  added. 


345  An  Act  providing  that  any  city,  including  boston,  or 
any  town,  so  voting,  shall  elect  at  large  by  pro- 
portional representation  members  of  any  municipal 
body  specified  in  the  vote  consisting  of  such  num- 
ber of  members  as  is  specified  therein  and  shall 
elect  by  preferential  voting  any  officer  other 
than  a  member  of  a  body  so  specified  who  is  elected 

AT   LARGE, 

Be  it  enacted,  etc.,  as  follows: 

The  General  Laws  are  hereby  amended  by  inserting  after 
chapter  fifty-four  the  following  new  chapter :  — 


Petition, 
contents, 
form  of 
question  for 
submission 
to  voters. 


Chapter  54A. 

ELECTION    OF    CITY    AND    TOWN    OFFICERS    BY    PROPORTIONAL 
REPRESENTATION   AND    PREFERENTIAL   VOTING. 

Section  1.  A  petition  or  petitions  in  a  form  prescribed 
as  hereinafter  provided,  signed  in  person  by  registered  vot- 
ers of  any  city,  including  Boston,  or  any  town  equal  in 
number  to  at  least  ten  per  cent  of  the  registered  voters, 
petitioning  that  all  the  members  of  any  particular  munici- 
pal body  specified  therein,  having  such  number  of  members 
as  is  specified  therein,  be  elected  at  large  by  the  propor- 
tional representation  method  of  election  provided  in  this 
chapter  or  that  the  mayor  or  any  other  particular  single 
elective  municipal  officer,  specified  therein,  be  elected  by 
the  preferential  voting  method  of  election  provided  in  this 
chapter,  and  that  the  question  of  adopting  the  proposed 
change  be  submitted  to  the  registered  voters  of  such  city 
or  town  at  the  next  regular  state  or  municipal  election,  may 
be  filed  with  the  city  clerk,  or  in  any  city  having  a  board  of 
election  commissioners  or  an  election  commission,  with  said 
commissioners  or  commission,  or  with  the  town  clerk,  not 
later  than  ninety  days  prior  to  such  election  in  the  case  of 
a  state  election,  or  not  later  than  sixty  days  in  the  case  of 
a  municipal  election;  provided,  that  such  a  question  may 
not  be  so  submitted  to  the  registered  voters  of  a  town  at  a 
town  election  at  which  official  ballots  are  not  used,  and 
provided,  further,  that  the  foregoing  shall  not  authorize  any 
action  relative  to  the  election  of  members  of  the  city  council 


Acts,  1937. —Chap.  345.  389 

of  Boston.  Wherever  the  term  "city  clerk"  is  used  in  this 
chapter,  it  shall  refer  to  the  board  of  election  commission- 
ers or  the  election  commission  in  any  city  having  such  a 
body  and  not  to  the  city  clerk. 

The  city  or  town  clerk  shall  prescribe  the  form  of  the 
aforesaid  petitions,  which  shall  conform  to  the  provisions  of 
section  thirty-eight  of  chapter  forty-three  relative  to  initia- 
tive petitions  in  cities.  Within  twenty  days  after  the  fihng 
of  any  such  petition,  the  registrars  of  voters  or,  in  any  city 
in  which  the  duty  of  certifying  signatures  on  nomination 
papers  is  imposed  on  a  board  of  election  commissioners  or  an 
election  commission,  such  board  or  commission  shall  certify 
upon  such  petition  the  number  of  signatures  which  are 
names  of  registered  voters  in  such  city  or  town,  shall  ascer- 
tain by  what  number  of  registered  voters  the  petition  is 
signed  and  what  per  cent  that  number  is  of  the  total  num- 
ber of  registered  voters  and  shall  attach  thereto  their  cer- 
tificate showing  the  result  of  such  examination.  When  such 
a  petition  petitioning  that  any  such  question  be  submitted 
at  a  state  election  is  filed,  such  petition  shall  be  transmitted 
to  the  state  secretary  forthwith  after  the  aforesaid  certifi- 
cation. 

After  such  a  petition,  signed  by  the  requisite  number  of 
registered  voters  of  such  city  or  town  and  otherwise  con- 
forming to  the  provisions  hereof  is  filed  with  the  city  or 
town  clerk  and  the  signatures  thereon  certified,  as  herein- 
before required,  there  shall  be  printed  on  the  official  ballot 
to  be  used  in  such  city  or  town  at  the  election  specified  in 
such  petition,  the  question  of  the  adoption  of  the  change 
petitioned  for,  in  the  form  set  forth  in  the  first  of  the  follow- 
ing questions,  in  case  the  change  will  affect  an  elective  body 
or  in  the  form  set  forth  in  the  second,  in  case  it  will  affect 
a  single  elective  officer,  the  blanks  in  such  question  to  be 
properly  filled  in  either  case :  — 

Referendum  on  the  election  by  yroyortional  representation  of 
the  members  of  {insert  name  of  elective  body)  of 

Shall  the  (insert  name  of  elective  body)  be  elected  here- 
after in  accordance  with  the  proportional  representation 
method  of  election  authorized  in  chapter  fifty- 
four  A  of  the  General  Laws,  said  body  here- 
after to  consist  of  (insert  number)  members, 
•all  to  be  elected  at  large? 

Referendum  on  the  election  by  -preferential  voting  of  (insert 
the  mayor  or  other  single  elective  official)  of 

Shall  the  (insert  mayor  or  other  single  elective  official)  be 
elected  hereafter  in  accordance  with  the  pref- 
erential voting  method  of  election  authorized  in 
chapter  fiftj^-four  A  of  the  General  Laws? 


TES. 

NO. 

YES. 


Each  voter  desiring  to  vote  in  the  affirmative  shall  place 
a  cross  in  the  space  at  the  right  of  the  word  "yes"  as  so 


390 


Acts,  1937.  —  Chap.  345. 


Proceedings 
after  accept- 
ance. 


Operation  of 
certain  laws 
suspended 
upon  ac- 
ceptance. 


printed  on  the  ballot.  Each  voter  desiring  to  vote  in  the 
negative  shall  place  a  cross  in  the  space  at  the  right  of  the 
word  "no"  as  so  printed  on  the  ballot.  No  ballot  shall  be 
counted  upon  which  the  voter  has  made  a  cross  in  each  such 
space. 

Section  2.  If  a  majority  of  the  votes  cast  upon  any  ques- 
tion at  any  such  election  under  the  provisions  of  the  pre- 
ceding section  is  in  the  affirmative,  the  provisions  of  this  and 
the  following  sections,  so  far  as  pertinent,  shall  apply  with 
respect  to  the  election  of  the  members  of  the  body  or  the 
single  elective  officer  specified  in  the  question;  provided, 
that  persons  elected  to  or  holding  such  office  at  the  time  of 
the  adoption  of  the  system  provided  in  this  chapter  shall 
serve  the  full  term  for  which  they  were  elected  and  provided 
further  that,  in  case  the  terms  of  any  members  of  such  a  body 
then  elected  or  in  office  expire  earlier  than  the  terms  of  other 
members  thereof,  successors  to  members  whose  terms  earlier 
expire  shall  be  elected  by  the  voting  system  theretofore  in 
effect  as  to  such  members,  for  terms  of  such  duration  that 
the  terms  of  all  members  thereof  will  expire  at  the  same 
time. 

At  the  regular  municipal  election  immediately  preceding 
the  termination  of  the  terms  of  all  members  of  such  elective 
body,  the  whole  number  of  members  of  such  elective  body 
specified  in  the  question  shall  be  elected  at  large  to  serve  for 
the  longest  full  terms  theretofore  provided  by  law,  in  accord- 
ance with  the  proportional  representation  method  of  election 
provided  in  this  chapter  and  in  accordance  with  the  provisions 
of  law  governing  elections  in  such  city  or  town  which  are  not 
inconsistent  with  this  chapter,  and  thereafter  as  the  terms 
of  the  members  so  elected  expire  their  successors  shall  be 
elected  in  the  same  manner.  At  the  regular  municipal  elec- 
tion preceding  the  expiration  of  the  term  of  a  mayor  or  other 
single  elective  officer  specified  in  the  question,  a  successor 
shall  be  elected  for  the  same  term  of  office  as  theretofore 
provided  by  law,  in  accordance  with  the  preferential  voting 
method  of  election  provided  by  this  chapter  and  in  accord- 
ance with  the  provisions  of  law  governing  elections  in  such 
city  or  town  which  are  not  inconsistent  with  this  chapter. 

Section  3.  Notwithstanding  any  provisions  of  general  or 
special  law,  applicable  in  any  such  city  or  town  as  to  the 
office  of  member  of  any  such  municipal  body  or  any  single 
municipal  elective  office,  nominations  of  candidates  to  be* 
elected  to  such  offices  shall  be  made  only  by  nomination 
papers,  and  the  provisions  of  special  law,  if  any,  which  gov- 
ern in  such  city  or  town  relative  to  the  nomination  of  candi- 
dates by  nomination  papers  for  offices  to  be  filled  at  munic- 
ipal elections,  otherwise  the  provisions  of  general  law  relative 
thereto,  shall  apply  with  respect  to  nominations  to  such 
offices,  except  as  hereinafter  provided.  The  number  of  signa- 
tures of  registered  voters  required  for  nomination  of  a  candi- 
date for  election  to  the  office  of  member  of  any  such  body 


Acts,  1937. —Chap.  345.  391 

shall  be  not  less  than  one  half  of  one  per  cent  nor  more  than 
one  per  cent  of  the  registered  voters  in  said  city  or  town,  and 
for  nomination  of  a  candidate  for  election  to  any  such  single 
elective  office,  not  less  than  one  per  cent  nor  more  than  two 
per  cent  of  the  registered  voters  aforesaid;  and  any  nomina- 
tion paper  for  any  such  office  bearing  the  signatures  of  more 
than  the  maximum  number  of  registered  voters  permitted 
hereby  for  such  office  shall  be  invalid.  Nomination  papers 
shall  be  issued  to  any  such  candidate,  upon  request,  to  such 
number  as  will  provide  spaces  for  signatures  equal  to  three 
times  the  number  of  signatures  required  for  the  nomination 
of  such  candidate,  but  no  more.  A  voter  may  not  sign  the 
nomination  papers  of  more  than  one  candidate  for  election 
as  member  of  any  such  body,  if  the  members  thereof  are 
to  be  elected  by  the  proportional  representation  method  of 
election.  If  a  voter  signs  more  than  one  such  petition,  his 
signature  shall  be  valid  only  on  the  first  one  filed. 

Section  4-  Official  ballots  shall  be  used  in  all  elections  Ballots, 
by  proportional  representation  or  by  preferential  voting,  ^"^  °^* 
and  such  ballots  shall  be  separate  and  of  a  different  colored 
paper  than  official  ballots  used  at  such  municipal  elections 
for  the  election  of  any  other  officers  or  for  any  other  pur- 
pose. On  each  ballot  shall  be  printed  or  stamped  the  desig- 
nation of  the  ward  and  precinct,  if  any,  in  which  it  is  to  be 
used.  The  surnames  of  the  candidates  shall  be  printed  in 
a  heavier  type  than  the  Christian  names  of  the  candidates. 
Except  that  the  names  of  candidates  shall  appear  in  the 
spaces  indicated  therefor,  and  that  the  spaces  left  for  the 
office  to  be  filled,  the  date  of  the  election,  the  name  of  the 
city  or  town,  and  the  designation  of  the  ward  and  precinct, 
if  an}^,  shall  be  properly  filled  in,  the  official  ballots  for  each 
office  shall  be  in  form  substantially  as  follows,  the  first 
sentence  under  the  heading  "Directions  to  Voters"  being 
printed  in  prominent  bold-faced  type : 

Ballot  for  (Office  to  he  filled  in) 
Regular  Municipal  Election,  City  (or  Town)  of 

(Month  and  Day)     ,  19  .  .  .  . 
Ward  (if  any) 
Precinct  (if  any) 

Directions  to  Voters. 

Mark  your  choices  with  figures,  not  crosses. 

Put  the  figure  1  opposite  your  first  choice;  the  figure  2 
opposite  your  second  choice;  the  figure  3  opposite  your 
third  choice,  and  so  on.  You  may  mark  as  many  choices 
as  you  please. 

Do  not  put  the  same  figure  opposite  more  than  one  name. 

If  you  spoil  this  ballot,  return  it  for  cancellation  to  the 
election  officer  in  charge  of  the  ballots  and  get  another  from 
him. 


392 


Acts,  1937. —Chap.  345. 


Candidates  for  (Office  to  be  filled  in) 


Order  of 
Choice 


Arrangement 
of  names 
on  ballot. 


Central  count- 
ing place. 


Appointment 
of  watchers, 
challengers, 
etc. 


(Space  for  voters  to  write  in  additional  names) 

In  preparing  this  ballot,  there  shall  be  added  to  the  name 
of  the  candidate  and  in  the  same  space  his  party  or  politi- 
cal designation  or  designations,  if  permitted  by  law. 

Section  5.  The  ballots  used  in  elections  by  proportional 
representation  or  by  preferential  voting  shall  be  printed  in 
as  many  lots  as  there  are  candidates  for  the  office.  In  the 
first  lot  the  names  of  the  candidates  shall  appear  in  the  al- 
phabetical order  of  their  surnames.  In  the  second  lot  the 
names  shall  appear  in  the  same  order  except  that  the  first 
name  in  the  first  lot  shall  be  placed  last.  In  each  succeeding 
lot  the  order  shall  be  the  same  as  that  of  the  lot  preceding, 
except  that  the  first  name  in  that  preceding  lot  shall  be 
placed  last.  Sets  of  ballots  to  be  used  in  the  several  precincts 
shall  be  made  up  by  combining  ballots  from  the  different 
lots  in  regular  rotation,  so  that  no  two  successive  voters 
shall  receive  ballots  from  the  same  lot,  and  so  that  each 
candidate's  name  shall  appear  first  and  in  each  other  posi- 
tion substantially  the  same  number  of  times  on  the  ballots 
used. 

Section  6.  Previous  to  every  municipal  election  the  city 
or  town  clerk  shall  designate  a  central  counting  place 
where  ballots  used  in  elections  by  proportional  representa- 
tion or  preferential  voting  shall  be  brought  together  and 
counted  publicly,  appoint  a  competent  person  to  act  as 
director  of  the  count,  employ  a  sufficient  staff  of  assistants, 
and  make  suitable  arrangements  for  the  counting  of  the 
ballots. 

Section  7.  At  each  election  by  proportional  representa- 
tion any  candidate  or  group  of  candidates  shall  be  entitled, 
upon  written  application  to  the  city  or  town  clerk  at  least 
ten  days  before  said  election,  to  exercise  all  rights  granted 
by  the  election  laws  in  effect  at  the  time  when  this  section 
becomes  effective  to  a  political  party  in  regard  to  the  ap- 
pointment of  watchers,  challengers  and  inspectors  of  elec- 
tion at  the  polling  booths.  Such  watchers,  challengers  and 
inspectors  shall  be  permitted  to  stay  in  the  voting  places 
until  the  ballots  have  been  sent  from  them  to  the  central 
counting  place,  and  to  accompany  the  ballot  boxes  to  the 
central  counting  place;  provided,  however,  that  if  a  group 
of  ballot  boxes  are  being  taken  together,  not  more  than  one 
watcher,  challenger  or  inspector  representing  the  same  can- 
didate or  group  of  candidates  shall  have  the  right  to  accom- 
pany them. 


Acts,  1937. —Chap.  345.  393 

Each  such  candidate  or  group  of  candidates  shall  be  en-  witnesses. 
titled  to  appoint  two  witnesses  and  two  alternates  to  the 
count  in  the  central  counting  place.  Application  for  the 
appointment  of  such  witnesses  to  the  count  and  of  their 
alternates  must  be  made  in  writing  to  the  city  or  town  clerk 
at  least  ten  days  before  the  election.  Credentials  shall  be 
issued  by  the  city  or  town  clerk  to  such  witnesses  to  the 
count  for  any  office,  which  shall  grant  such  witnesses  full 
power  and  authority  to  move  anywhere  within  the  part  of 
the  central  counting  quarters  where  ballots  are  being  counted 
in  the  election  by  proportional  representation,  or  preferen- 
tial voting  for  such  office  to  inspect  all  activities  of  the  count 
of  such  office,  and  to  exercise  all  rights  and  powers  conferred 
on  watchers  and  inspectors  of  election  under  the  election 
laws;  credentials  shall  likewise  be  issued  for  alternates  to 
serve  when  the  regular  witnesses  are  not  present. 

Each  such  candidate  or  group  of  candidates  shall  also  be 
entitled  to  appoint  two  representatives  to  watch  the  ballots 
at  the  central  counting  place  during  recesses  when  the  count- 
ing of  ballots  is  not  in  progress.  Application  for  the  appoint- 
ment of  such  representatives  shall  be  made  and  credentials 
issued  as  provided  in  this  section  for  witnesses  to  the  cen- 
tral count  and  their  alternates.  During  any  time  when  the 
counting  of  ballots  is  not  in  progress,  from  the  time  the 
ballots  first  begin  to  arrive  at  the  central  counting  place 
until  the  time  for  appeals  from  the  final  result  has  expired, 
such  representatives  shall  have  the  right  to  be  present,  with 
facilities  for  keeping  in  full  view  all  the  ballots  used  in  elect- 
ing persons  to  fill  the  office  or  offices  sought  by  their  candi- 
date or  group  of  candidates,  or  the  containers  in  which  such 
ballots  have  been  placed,  except  during  such  time  as  the 
ballots  or  containers  of  ballots  may  be  kept  in  a  locked  safe 
or  a  vault.  No  such  representative  shall  be  allowed  to  handle 
any  of  the  ballots. 

Watchers,  challengers,  inspectors,  witnesses,  alternates 
and  representatives  provided  for  in  this  section  shall  serve 
without  compensation. 

Section  8.  Separate  ballot  boxes  shall  be  provided  by  Separate  bai- 
the  city  or  town  clerk  for  ballots  cast  under  the  system  of  '°*  ^°'^^^- 
proportional  representation  or  preferential  voting.  As  soon 
as  the  polls  have  closed,  the  election  officials  at  each  polling 
place  shall  open  any  ballot  box  or  boxes  used  for  ballots  to 
be  counted  by  them,  sort  out  immediately  any  such  pro- 
portional representation  or  such  preferential  voting  ballots 
which  may  have  been  mistakenly  deposited  therein,  and 
deposit  any  such  ballots  in  the  ballot  box  or  boxes  provided 
for  proportional  representation  and  preferential  voting  bal- 
lots without  opening  the  latter.  They  shall  then  seal  each 
such  ballot  box  so  that  ballots  cannot  be  removed  or  in- 
serted without  breaking  a  seal.  As  soon  as  may  be  practi- 
cable after  the  closing  of  the  polls,  and  in  any  event,  within 
three  hours  after  the  closing  of  the  special  ballot  boxes  for 
proportional  representation  and  preferential  voting,  ballots 


394  Acts,  1937. —Chap.  345. 

shall  be  delivered  to  the  central  counting  place.  With  such 
ballot  boxes  the  election  officials  shall  deliver  on  a  form  to 
be  provided  by  the  city  or  town  clerk  a  record  of  the  number 
of  such  ballots  issued  to  voters  and  the  number  of  ballots 
spoiled  and  returned  by  the  voters  for  cancellation.  They 
shall  also  deliver  in  one  sealed  envelope  of  sufficient  size  to 
be  provided  by  the  city  or  town  clerk  for  the  purpose  the 
spoiled  and  unused  ballots.  Proper  receipts  shall  be  re- 
quired in  connection  with  the  transportation  of  ballot  boxes, 
records  and  supplies. 

The  ballot  receptacles  shall  be  assembled  by  precincts 
for  counting  at  the  central  counting  place  in  an  order  of 
precincts  determined  by  the  city  or  town  clerk  by  lot. 
Lots  shall  be  drawn  not  earlier  than  the  closing  of  the  polls 
in  the  presence  of  such  candidates  or  their  agents  as  wish  to 
attend  after  due  notification  at  least  five  days  in  advance. 

At  the  central  counting  place  the  ballot  boxes  shall  be 
opened  and  the  number  of  ballots  found  therein  recorded. 
The  number  of  ballots  shall  be  compared  with  the  records 
sent  from  the  corresponding  voting  places.  The  records 
thus  compared  shall  be  made  available  to  the  public  with 
notations  explaining  any  corrections  made  therein.  If  any 
discrepancy  appears  which  cannot  be  reconciled,  it  shall  be 
shown  on  the  record. 

If  any  ballots  other  than  proportional  representation  or 
preferential  voting  ballots  are  found  in  a  ballot  box  they 
shall  be  promptly  sealed  in  a  separate  envelope  which  shall 
be  marked  on  the  outside  to  indicate  the  character  and 
number  of  ballots  contained  therein,  the  polling  place  at 
which  they  were  cast,  and  the  fact  that  they  were  wrongly 
deposited  in  the  special  ballot  box  for  proportional  repre- 
sentation and  preferential  voting  ballots.  The  envelopes 
shall  be  sent  to  the  city  or  town  clerk  who  shall  make  rules 
for  counting  them  as  additions  to  the  summaries  sent  in 
from  the  polHng  places.  All  ballots  found  in  the  ballot 
boxes  which  bear  no  evidence  of  having  been  improperly 
cast  shall  be  accepted. 
of°b^nSl  Section  9.    Ballots  shall  be  counted  and  the  results  deter- 

mined under  the  supervision  of  the  director  of  the  count 
appointed  pursuant  to  section  six,  according  to  the  following 
rules :  — 

(a)  Valid  and  Invalid  Ballots.  —  The  ballots  in  each  bal- 
lot box  shall  be  examined  for  validity  and  those  which  are 
found  to  be  invalid  or  blank  shall  be  separated  from  the 
rest.  The  number  of  valid  ballots  from  each  precinct  and 
the  total  number  of  vahd  ballots  shall  be  recorded.  If  a 
ballot  does  not  clearly  show  which  candidate  the  voter 
prefers  to  all  others,  or  if  it  contains  any  word,  mark  or 
other  sign  apparently  intended  to  identify  the  voter,  it  shall 
be  set  aside  as  invalid.  Every  ballot  not  thus  invahd  shall 
be  counted  according  to  the  intent  of  the  voter,  so  far  as 
that  can  be  clearly  ascertained,  whether  marked  according 
to  the  directions  printed  on  it  or  not.     No  ballot  shall  be 


Acts,  1937. —Chap.  345.  395 

held  invalid  because  it  is  marked  in  ink  or  pencil  different 
from  that  supplied  at  the  voting  place,  or  because  the  names 
of  candidates  thereon  for  whom  the  voter  did  not  mark  a 
choice  have  been  stricken  out.  A  single  cross  on  a  ballot  on 
which  no  figure  1  appears  shall  be  considered  equivalent  to 
the  figure  1.  If  a  ballot  contains  both  figures  and  crosses, 
the  order  of  the  choice  shown  by  the  figures  shall  be  taken 
as  the  voter's  intention  in  so  far  as  the  order  is  clearly  indi- 
cated. If  the  consecutive  numerical  order  of  the  figures  on 
a  ballot  is  broken  by  the  omission  of  one  or  more  figures, 
the  smallest  number  marked  shall  be  taken  to  indicate  the 
voter's  first  choice,  the  next  smallest  his  second,  and  so  on, 
without  regard  to  the  figure  or  figures  omitted. 

(6)  Single  Vote  for  Each  Voter.  —  Each  candidate  shall 
be  credited  with  one  vote  for  every  valid  ballot  that  is 
sorted  to  him  as  first  choice,  or  otherwise  credited  to  him 
as  hereinafter  provided,  and  no  ballot  shall  ever  be  credited 
to  more  than  one  candidate  at  the  same  time. 

(c)  Quota  Sufficient  to  Elect.  —  The  quota  of  votes  suffi- 
cient for  the  election  of  a  candidate  shall  be  the  smallest 
number  of  ballots  which  could  be  received  separately  by 
each  of  as  many  candidates  as  are  to  be  elected,  but  not  by 
one  more.  It  shall  be  determined  by  dividing  the  total  num- 
ber of  valid  ballots  by  one  more  than  the  total  number  of 
candidates  to  be  elected  and  adding  one  to  the  result,  dis- 
regarding fractions.  Whenever  at  any  stage  of  the  count- 
ing the  number  of  ballots  credited  to  a  candidate  becomes 
equal  to  the  quota,  he  shall  be  declared  elected,  and  no 
ballots  in  excess  of  the  quota  shall  be  credited  to  him  except 
as  provided  in  rule  (/)  of  this  section. 

{d)  Ballots  sorted  according  to  First  Choices.  —  The  ballots 
shall  be  sorted  according  to  the  first  choices  marked  on 
them,  the  ballots  from  each  precinct  being  handled  to- 
gether, and  those  from  different  precincts  being  handled  in 
the  order  of  precincts  determined  under  the  provisions  of 
section  eight. 

(e)  Treatment  of  Ballots  on  which  First  Choice  is  Elected.  — 
If  a  candidate  is  elected  while  the  ballots  are  being  sorted 
according  to  first  choices,  any  subsequent  ballots  which  show 
him  as  first  choice  shall  each  be  credited  to  the  second  choice 
marked  on  it,  or,  if  the  second  choice  also  has  been  elected,  to 
the  next  choice  marked  on  it  for  a  candidate  not  yet  elected. 

(/)  Treatment  of  Ballots  marked  only  for  Elected  Candi- 
dates. —  If  during  the  first  sorting  of  ballots  some  ballots 
are  found  which  are  marked  for  a  candidate  already  elected 
as  first  choice,  but  show  no  clear  choice  for  any  unelected 
candidate,  such  ballots  shall  at  the  end  of  the  sorting  be 
given  to  the  candidate  of  their  first  choice,  and  in  their 
place  an  equal  number  as  nearly  as  possible  of  the  last 
ballots  sorted  to  that  candidate  which  do  show  a  clear 
choice  for  unelected  candidates  shall  be  taken  and  re-sorted 
to  unelected  candidates  as  if  they  were  then  being  sorted 
for  the  first  time. 


396  Acts,  1937.  —  Chap.  345. 

(g)  First  Candidates  Declared  Defeated.  —  When  all  the 
ballots  have  been  thus  sorted  and  credited  to  the  first  avail- 
able choices  marked  on  them,  every  candidate  who  is  cred- 
ited with  fewer  ballots  than  the  number  of  ballots  required 
for  his  nomination  shall  be  declared  defeated. 

(h)  Transfer  of  Ballots  from  Defeated  Candidates.  —  All 
the  ballots  of  the  candidates  thus  defeated  shall  be  trans- 
ferred, each  to  the  candidate  indicated  on  it  as  next  choice 
among  the  continuing  candidates.  A  "continuing  candi- 
date" is  a  candidate  not  yet  elected  or  defeated.  Any  ballot 
taken  for  transfer  which  does  not  clearly  indicate  any  can- 
didate as  next  choice  among  the  continuing  candidates  shall 
be  set  aside  as  "exhausted." 

{i)  Defeat  of  Candidate  then  Lowest.  —  When  all  the  bal- 
lots of  the  candidates  thus  defeated  have  been  transferred, 
the  one  candidate  who  is  then  lowest  on  the  poll  shall  be 
declared  defeated  and  all  his  ballots  transferred  in  the  same 
way. 

(j)  Successive  Defeats  and  Transfers  of  Ballots.  —  There- 
upon the  candidate  who  is  then  lowest  shall  be  declared  de- 
feated and  all  his  ballots  similarly  transferred.  Thus  candi- 
dates shall  be  declared  defeated  one  at  a  time  and  all  their 
ballots  transferred. 

(k)  Decision  of  Ties.  —  If,  when  a  candidate  is  to  be  de- 
clared defeated,  two  or  more  candidates  are  tied  at  the 
bottom  of  the  poll,  that  one  of  the  tied  candidates  shall  be 
declared  defeated  who  was  credited  with  fewest  ballots  just 
before  the  last  transfer  of  ballots.  If  two  or  more  of  the 
tied  candidates  were  tied  at  that  stage  of  the  count,  also, 
the  second  tie  shall  be  decided  by  referring  similarly  to  the 
standing  of  candidates  just  before  the  last  transfer  of  bal- 
lots before  that.  This  principle  shall  be  applied  successively 
as  many  times  as  may  be  necessary,  a  tie  shown  at  any 
stage  of  the  count  being  decided  by  referring  to  the  standing 
of  the  tied  candidates  just  before  the  last  preceding  trans- 
fer of  ballots.  Any  tie  not  otherwise  provided  for  shall  be 
decided  by  lot. 

In  interpreting  this  and  other  rules  the  transfer  of  all 
ballots  from  candidates  defeated  together  under  rule  (g)  of 
this  section,  and  the  transfer  of  all  ballots  from  each  candi- 
date defeated  thereafter  shall  each  be  considered  a  single 
separate  transfer. 

(1)  End  of  Election.  —  If,  at  any  time  candidates  to  the 
number  to  be  elected  have  received  the  quota,  any  transfer 
of  ballots  in  progress  when  the  last  quota  was  reached  shall 
be  completed,  but  immediately  thereafter  all  continuing 
candidates  shall  be  declared  defeated  and  the  election  shall 
be  at  an  end.  If,  at  any  time,  all  ballots  of  any  defeated 
candidates  have  been  transferred,  and  it  is  impossible  to 
defeat  another  candidate  without  reducing  the  continuing 
candidates  below  the  number  still  to  be  elected,  all  the  con- 
tinuing candidates  shall  be  declared  elected  and  the  election 
.   shall  be  at  an  end. 


Acts,  1937.  —  Chap.  345.  397 

(m)  Record  of  the  Count.  —  A  record  of  the  count  shall  be 
kept  in  such  form  as  to  show,  after  each  sorting  or  transfer  of 
ballots,  the  number  thereby  credited  to  each  candidate,  the 
number  thereby  found  exhausted,  the  total  for  each  candi- 
date, the  total  found  exhausted,  and  the  total  number  of 
valid  ballots  found  by  adding  the  totals  of  all  candidates 
and  the  total  found  exhausted. 

(n)  Record  of  Treatment  of  Each  Ballot.  —  Every  ballot 
that  is  transferred  from  one  candidate  to  another  shall  be 
stamped  or  marked  so  that  its  entire  course  from  candidate 
to  candidate  can  be  conveniently  traced. 

(o)  Correction  of  Errors.  —  If  at  any  time  after  the  first 
sorting  of  the  ballots  a  ballot  is  found  to  have  been  credited 
to  the  wrong  candidate,  it  may  be  transferred,  as  part  of  the 
transfer  that  is  in  progress,  to  the  continuing  candidate,  if 
any,  to  whom  it  should  have  been  credited  at  the  time  the 
error  was  discovered,  or,  if  it  should  previously  have  become 
exhausted,  may  be  set  aside  as  exhausted  as  part  of  the 
transfer  that  is  in  progress;  provided,  however,  that  if  the 
number  of  misplaced  ballots  found  is  insufficient  to  make  it 
possible  that  any  candidate  has  been  wrongly  defeated,  so 
much  of  the  sorting  and  transferring  as  may  be  required  to 
correct  the  error  shall  be  done  over  again  before  the  count 
proceeds. 

If  in  correcting  an  error  any  ballots  are  re-sorted  or  re- 
transferred,  every  ballot  shall  be  made  to  take  the  same 
course  that  it  took  in  the  original  count  unless  the  correction 
of  an  error  requires  its  taking  a  different  course.  These 
principles  shall  apply  also  to  any  recount  which  may  be  made 
after  the  original  count  has  been  completed. 

(p)  Recess  for  Counting  Staff.  —  The  director  of  the  count 
and  his  assistants  shall  proceed  with  reasonable  expedition 
in  the  counting  of  the  ballots,  but  may  take  recesses  at  the 
discretion  of  the  director.  The  city  or  town  clerk  shall  make 
proper  provision  for' the  safekeeping  of  the  ballots  while  the 
counting  is  not  in  progress. 

(r/)  Candidates  and  Others  entitled  to  be  Present.  —  The 
candidates  or  their  agents,  representatives  of  the  press,  and, 
as  far  as  may  be  consistent  with  good  order  and  with  con- 
venience in  the  counting  and  transferring  of  the  ballots,  the 
public  shall  be  afforded  every  facility  for  being  present  and 
witnessing  the  counting  and  transferring  of  the  ballots. 

(?•)  Boards  of  Review.  —  Each  of  the  candidates  or  groups 
of  candidates  entitled  to  appoint  witnesses  of  the  central 
count  as  hereinbefore  provided  shall  be  entitled  to  appoint  a 
memljer  of  a  board  of  review  for  the  central  count,  or  of 
other  boards  of  review  if  the  city  or  town  clerk  shall  provide 
for  the  appointment  of  more  than  one  such  board  of  review. 
Such  appointment  shall  be  made  within  the  time  and  in  the 
manner  prescribed  for  the  appointment  of  witnesses  of  the 
central  count.  In  the  central  count  a  board  of  review  thus 
constituted  shall  be  given  facilities  for  examining  all  the 
ballots  in  the  quota  of  each  elected  candidate  in  order  to 


398 


Acts,  1937.  —  Chap.  345. 


Ballots  to 
be  retained 
by  city  and 
town  clerks. 


Examination 
of  and  report 
on  count  of 
ballots. 


Recounts. 


make  sure  that  all  the  ballots  of  such  quota  are  rightfully 
credited  to  the  candidate  toward  whose  election  they  have 
been  counted,  that  the  number  of  ballots  therein  is  actually 
equal  to  the  quota  herein  prescribed,  and  that  ''exhausted" 
ballots  have  been  properly  so  designated.  Any  errors  dis- 
covered bj^  such  a  board  of  review  shall  be  forthwith  cor- 
rected. 

Section  10.  The  ballots  cast  at  each  election  by  the  pro- 
portional representation  or  preferential  voting  method  shall 
be  preserv^ed  by  the  city  or  town  clerk  until  the  terms  of  the 
officers  elected  thereby  have  expired,  and  shall  be  available 
for  examination  continuously  throughout  the  business  day, 
under  supervision  of  the  city  or  town  clerk,  on  written  appli- 
cation signed  by  one  hundred  or  more  voters  and  the  pay- 
ment of  a  fee  of  twenty-five  dollars  for  each  day  on  which 
such  inspection  is  held.  Such  application  shall  name  not 
more  than  three  representatives  of  the  applicants  to  make 
such  examination. 

Section  11.  Within  thirty  days  after  an  election  to  fill 
an  office  bj^  proportional  representation  or  preferential  vot- 
ing, the  city  or  town  clerk  shall  cause  the  ballots  cast  for 
such  office  to  be  examined  and  shall  publish  a  statement 
showing  — 

(a)  The  number  of  first-choice  ballots  cast  for  each  can- 
didate in  each  precinct. 

(6)  The  number  of  ballots  from  each  precinct  finally 
counted  for  each  of  the  elected  candidates. 

(c)  The  number  of  the  exhausted  ballots  from  each  pre- 
cinct which  showed  one  or  more  choices  for  elected  candi- 
dates and  the  number  which  did  not. 

{d)  The  number  of  invalid  ballots  cast  for  each  office  in 
each  precinct. 

(e)  The  number  of  blank  ballots  for  each  office  cast  in 
each  precinct. 

(/)  The  number  of  first  choices,  second  choices,  third 
choices,  and  so  on,  used  in  the  election  of  each  of  the  elected 
candidates. 

{g)  Such  other  information  in  regard  to  the  ballots  as  the 
city  or  town  clerk  may  deem  of  interest. 

A  copy  of  such  statement  shall  be  kept  on  file  in  the  office 
of  the  city  or  town  clerk  open  to  public  inspection. 

Section  12.  Partial  or  complete  recounts  of  the  ballots 
cast  in  an  election  by  proportional  representation  or  by  pref- 
erential voting  shall  take  place  in  the  manner  provided  in 
sections  one  hundred  and  thirty-four  to  one  hundred  and 
thirty-seven  of  chapter  fifty-four,  inclusive,  except  that  no 
such  recounts  shall  be  had  unless  after  the  fifing  of  a  peti- 
tion therefor  a  justice  of  the  superior  court,  after  hearing 
such  evidence  as  he  may  deem  pertinent,  finds  that  there  is 
reasonable  cause  to  believe  that  a  recount  may  affect  the 
election  of  one  or  more  candidates  for  the  office  as  to  which 
a  recount  is  sought.  If  a  partial  or  complete  recount  of  the 
ballots  cast  in  such  an  election  shall  in  fact  take  place,  it 


Acts,  1937. —Chap.  345.  399 

shall  be  conducted  according  to  the  rules  prescribed  for  the 
original  count  as  nearly  as  practicable. 

Section  13.  When  a  seat  in  a  multi-membered  body  Recount  of 
elected  by  the  method  of  proportional  representation  be-  vacancies.''" 
comes  vacant  it  shall  be  filled  for  the  remainder  of  the  un- 
expired term  by  a  public  recount  of  the  ballots  credited  at 
the  end  of  the  original  count  to  the  candidate  elected  therebj'- 
to  that  seat.  Except  for  the  following  special  rules,  the  pro- 
visions governing  the  original  count  shall  be  in  eifect: 

(a)  All  choices  marked  for  candidates  who  have  become 
ineligible  or  have  withdrawn  shall  be  disregarded. 

(6)  The  ballots  shall  be  sorted  each  to  the  earliest  choice 
marked  on  it  for  any  of  the  eligible  candidates. 

(c)  If  any  candidate  has  to  his  credit  more  than  half  of 
the  ballots  which  show  any  preference  among  these  candi- 
dates he  shall  be  declared  elected  to  the  vacant  place. 

{d)  If  no  candidate  receives  such  a  majority  the  lowest 
candidates  shall  be  declared  defeated  one  after  another  and 
after  each  candidate  is  defeated  his  ballots  shall  be  trans- 
ferred among  the  continuing  candidates. 

(e)  This  process  shall  be  continued  until  one  candidate  is 
credited  with  more  ballots  than  all  the  other  undefeated 
candidates  together,  when  he  shall  be  declared  elected  to  the 
vacant  place. 

If  a  vacancy  in  a  multi-membered  body  occurs  for  which 
no  regularly  nominated  candidate  remains  it  shall  be  filled  for 
the  unexpired  term  by  a  majority  vote  of  the  remaining 
members.  If  all  the  seats  become  vacant  at  once  a  special 
election  shall  be  called  to  elect  members  to  serve  for  the 
unexpired  term. 

Section  I4.  From  and  after  the  date  when  this  chapter  preferential 
shall  become  effective  following  an  affirmative  vote  upon  the  ^^^^^  °^ 
second  question  contained  in  section  one  providing  for  the 
choosing  of  a  maj^or  or  other  single  elective  municipal  official 
by  the  preferential  voting  method  of  elections  as  herein- 
after pro\dded,  the  ballots  shall  be  printed  in  the  manner 
provided  in  sections  four  and  five,  and  the  election  shall  be 
conducted  and  the  ballots  collected  as  provided  for  propor- 
tional representation  in  sections  four  to  eight,  inclusive.  The 
ballots  shall  be  counted  in  the  central  counting  place  under 
the  supervision  of  the  director  of  the  count,  in  accordance 
with  the  following  rules :  — 

(a)  Ballots  sorted  according  to  First  Choices.  —  The  ballots 
shall  first  be  sorted  according  to  the  first  choices  marked  on 
them,  and  the  total  number  of  valid  ballots  thus  sorted  to 
each  candidate  shall  be  ascertained.  The  validity  of  ballots 
shall  be  determined  according  to  the  principles  laid  down  for 
the  count  of  ballots  in  an  election  by  proportional  repre- 
sentation in  rule  (a)  of  section  nine. 

(6)  Election  of  Candidate  with  Majority  of  First  Choices.  — 
If  an}^  candidate  is  found  to  have  been  marked  as  first  choice 
on  more  than  half  of  the  valid  ballots  he  shall  be  declared 
elected. 


400  Acts,  1937. —Chap.  345. 

(c)  First  Candidates  Declared  Defeated.  —  If  no  candidate 
is  thus  elected  after  the  count  of  first  choices,  every  candidate 
who  is  credited  with  fewer  ballots  than  the  number  of  signa- 
tures required  for  his  nomination  shall  be  declared  defeated. 

(d)  Transfer  of  Ballots  from  Defeated  Candidates.  —  All 
the  ballots  of  the  candidates  thus  defeated  shall  be  trans- 
ferred, each  to  the  candidate  indicated  on  it  as  next  choice 
among  the  undefeated  candidates.  Any  ballot  taken  for 
transfer  which  does  not  clearly  indicate  any  candidate  as 
next  choice  among  the  undefeated  candidates  shall  be  set 
aside  as  "exhausted." 

(e)  Election  of  Candidates  with  Majority.  —  If,  after  this 
or  any  subsequent  transfer  of  ballots,  one  candidate  is 
credited  with  more  than  half  of  the  valid  ballots  which  have 
not  become  exhausted,  he  shall  be  declared  elected. 

(/)  Defeat  of  Candidate  then  Lowest.  —  If  no  candidate  is 
thus  elected  after  the  transfer  of  the  ballots  of  candidates 
defeated  under  rule  (c) ,  the  one  candidate  who  is  then  lowest 
on  the  poll  shall  be  declared  defeated  and  all  his  ballots 
transferred  in  the  same  way. 

{g)  Successive  Defeats  and  Transfers  of  Ballots.  —  There- 
upon, if  no  candidate  is  yet  elected,  the  candidate  who  is 
then  lowest  shall  be  declared  defeated  and  all  his  ballots 
similarly  transferred.  Thus  candidates  shall  be  declared 
defeated,  one  at  a  time,  and  all  their  ballots  transferred  until 
some  candidate  has  received  the  necessary  majority  of  the 
ballots  which  have  not  become  exhausted  and  is  accordingly 
declared  elected. 

Qi)  Other  Provisions.  —  Ties  shall  be  decided,  a  record  of 
the  count  kept,  errors  corrected,  recesses  taken,  and  candi- 
dates and  others  permitted  to  be  present  according  to  the 
principles  prescribed  for  elections  by  proportional  representa- 
tion in  rules  (A;),  (m),  (o),  (p)  and  {q)  of  section  nine. 

^emin^^aTs"^  Scction  16.  All  provisions  of  law  heretofore  applicable 
in  the  case  of  a  vacancy  in  a  single  elective  municipal  office 
shall  continue  to  apply  after  the  filling  of  such  office  by  the 
preferential  voting  method  of  election,  except  that  the  elec- 
tion to  fill  such  vacancy  shall  also  be  by  the  preferential 
voting  method  of  election. 

Same  subject.  Section  16.  In  conducting  any  election  by  the  method  of 
proportional  representation  or  preferential  voting  mechanical 
or  other  devices  may  be  used,  if  the  city  council  of  such  city 
or  the  selectmen  of  such  town  so  vote,  subject,  however,  to 
the  provisions  of  sections  thirty-two  to  thirty-nine,  inclusive, 
of  chapter  fifty-four  applying  to  voting  machines,  ballot 
boxes  and  counting  apparatus;  and  said  sections  shall,  so 
far  as  apt,  be  applicable  in  all  respects  in  the  case  of  me- 
chanical or  other  devices  used  hereunder.  Subject  to  the 
approval  of  the  state  ballot  law  commission,  the  mayor  and 
city  council  of  any  city  or  the  selectmen  of  any  town  shall 
have  the  power  to  modify  the  form  of  the  ballot,  the  rotation 
of  names  thereon,  the  directions  to  voters  and  other  details 
in  respect  to  the  election  process  provided,  however,  that  no 


Acts,  1937.  —  Chaps.  346,  347.  401 

change  shall  be  made  which  will  alter  or  impair  the  principles 
of  the  voting  or  counting,  except  that  the  voter  may  be 
limited  to  not  less  than  eight  choices  for  any  particular  office. 

Approved  May  S4,  1937. 


An  Act  providing  for  the  establishment  of  a  minimum  (JJkxj)  345 
wage  for  laborers  employed  by  the  department  of 
public  works. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-six  of  chapter  one  hundred  and  forty-nine  g.  l.  (Ter. 
of  the  General  Laws,  as  amended  by  chapter  four  hundred  etc.'i'amended.' 
and  sixty-one  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  is  hereby  further  amended  by  adding  at  the  end  the 
following  new  paragraph :  — 

The  minimum  wages  for  laborers  employed  by  the  state  Minimum 
department  of  public  works  shall  be  at  the  rate  of  five  dollars  cerfain"^ 
per  eight  hour  day.  Approved  May  25,  1937.      laborers. 


An  Act  providing  that  the  county  of  Hampshire  be  re-  Qhn^  347 

IMBURSED  FOR  THE  EXPENSE  TO  IT  OF  CERTAIN  LITIGATION  ^' 

ARISING   OUT  OF  THE   ESTABLISHMENT  OF  THE   METROPOLI- 
TAN  WATER  SUPPLY   SYSTEM  WITHIN   ITS   BOUNDARIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  water  supply  com- 
mission shall  reimburse  the  county  of  Hampshire  for  any 
and  all  necessary  sums  of  money,  not  exceeding,  in  the  ag- 
gregate, fifteen  thousand  dollars,  expended  by  said  county 
resulting  from  litigation  conducted  in  the  courts  of  said 
county,  either  at  law  or  in  equity,  arising  out  of  the  estab- 
lishment of  the  metropolitan  water  supply  system  author- 
ized by  chapter  three  hundred  and  seventy-five  of  the  acts 
of  nineteen  hundred  and  twenty-six  or  by  chapter  three 
hundred  and  twenty-one  of  the  acts  of  nineteen  hundred  and 
twenty-seven,  or  by  both  such  chapters,  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  whether  commenced 
in  accordance  with  the  provisions  of  said  chapters,  or  either 
of  them,  or  under  other  provisions  of  law. 

Section  2.  The  justice  or  justices  before  whom  any  such 
litigation  is  tried  or  heard  shall  certify  to  the  commission 
the  amount  or  amounts  of  the  cost  to  said  county  of  any 
such  litigation  tried  or  heard  before  him  or  them,  and  the 
same  shall  be  paid  by  the  said  commission  to  said  county, 
within  thirty  days  after  the  date  of  such  certification,  from 
the  funds  provided  for  metropolitan  water  supply  purposes 
by  said  chapter  three  hundred  and  seventy-five  and  by 
chapters  one  hundred  and  eleven  and  three  hundred  and 
twenty-one,  both  of  the  acts  of  nineteen  hundred  and 
twenty-seven,  and  acts  in  amendment  thereof  and  in  addi- 
tion thereto. 


402  Acts,  1937.  —  Chaps.  348,  349. 

Section  3.  Chapter  three  hundred  and  seventy-four  of 
the  acts  of  nineteen  hundred  and  thirty-six  is  hereby  re- 
pealed. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  26,  1937. 

Chap. 34:8  An  Act  providing  that  the  county  of  hampden  be  re- 
imbursed FOR  THE  expense  TO  IT  OF  CERTAIN  LITIGATION 
ARISING  OUT  OF  THE  ESTABLISHMENT  OF  THE  METROPOLI- 
TAN WATER  SUPPLY  SYSTEM  WITHIN  ITS  BOUNDARIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  water  supply  com- 
mission shall  reimburse  the  county  of  Hampden  for  any  and 
all  necessary  sums  of  money,  not  exceeding,  in  the  aggre- 
gate, thirty-seven  hundred  eighty  dollars  and  thirty  cents, 
expended  by  said  countj^  resulting  from  litigation  conducted 
in  the  courts  of  said  county,  either  at  law  or  in  equity,  aris- 
ing out  of  the  establishment  of  the  metropolitan  water  sup- 
ply system  authorized  by  chapter  three  hundred  and  seventy- 
five  of  the  acts  of  nineteen  hundred  and  twenty-six  or  by 
chapter  three  hundred  and  twenty-one  of  the  acts  of  nine- 
teen hundred  and  twenty-seven,  or  by  both  such  chapters, 
and  acts  in  amendment  thereof  and  in  addition  thereto, 
whether  commenced  in  accordance  with  the  provisions  of 
said  chapters,  or  either  of  them,  or  under  other  provisions 
of  law. 

Section  2.  The  justice  or  justices  before  whom  any 
such  litigation  is  tried  or  heard  shall  certify  to  the  said 
commission  the  amount  or  amounts  of  the  cost  to  said 
county  of  any  such  litigation  tried  or  heard  before  him  or 
them,  and  the  same  shall  be  paid  by  the  said  commission  to 
said  county,  within  thirty  days  after  the  date  of  such  certi- 
fication, from  the  funds  provided  for  metropolitan  water 
supply  purposes  by  said  chapter  three  hundred  and  seventy- 
five  and  by  chapters  one  hundred  and  eleven  and  three  hun- 
dred and  twenty-one,  both  of  the  acts  of  nineteen  hundred 
and  twenty-seven,  and  acts  in  amendment  thereof  and  in 
addition  thereto. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  26,  1937. 

Chav.S4t9  A-N  Act  regulating  the  taking  by  seines  of  bluefish, 

striped    bass    AND    WHITE    PERCH    OFF    THE    SHORES    OF 
BARNSTABLE    COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  person  shall,  except  as  hereinafter  pro- 
vided, take  with  a  seine  any  bluefish,  striped  bass  or  white 
perch  within  three  miles  of  the  shore  of  Barnstable  county. 
It  shall  not  be  a  violation  of  this  act  for  any  person  using 
a  seine  in  fishing  for  mackerel  or  other  fish  for  the  catching 


Acts,  1937. —Chaps.  350,  351.  403 

of  which  its  use  is  permitted  to  take  therewith  bluefish, 
striped  bass  and  white  perch  in  the  aggregate  to  a  number 
not  exceeding  ten  per  cent  of  his  total  catch,  or  to  a  num- 
ber in  excess  of  such  ten  per  cent  if  such  excess  is  immedi- 
ately returned  alive  to  the  water  whence  it  was  taken.  The 
coastal  wardens  and  the  local  shellfish  wardens  and  their 
deputies,  if  any,  within  their  respective  jurisdictions,  shall 
enforce  the  provisions  of  this  act.  Violation  of  any  provi- 
sion of  this  act  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  three  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  26,  1937. 


Chap.S50 


An  Act  extending  the  time  within  which  a  court  de- 
cree MAY  BE  ENTERED  AUTHORIZING  THE  CONVEYANCE 
BY  THE  TOW^N  OF  CONWAY  TO  THE  CONWAY  CEMETERY 
ASSOCIATION  OF  CERTAIN  CEMETERY  FUNDS,  AND  THEIR 
USE    BY   SAID   ASSOCIATION. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  three  of  chapter  two  hundred  and 
one  of  the  acts  of  nineteen  hundred  and  thirty-five  is  hereby 
amended  by  striking  out,  in  the  fifth  line,  the  words  "within 
one  year",  —  so  as  to  read  as  follows:  —  Section  S.  The 
power  to  transfer,  hold  and  use  moneys  and  trust  funds 
granted  by  this  act  shall  be  exercised  only  in  conformity 
with  such  a  decree,  if  any,  of  the  supreme  judicial  court, 
sitting  in  equity  for  the  county  of  Franklin,  as  may  be  en- 
tered after  the  effective  date  of  this  act. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  26,  1937. 


An  Act  providing  for  the  reimbursement  of  the  town  Qfidj)  351 
of  colrain  for  moneys  expended  by  it  in  repairing  ^' 

AND    reconstructing    CERTAIN    BRIDGES   IN   SAID    TOWN. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 


to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  pubHc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  reimbursing  the  town  of  Colrain  for 
moneys  expended  by  it  during  the  year  nineteen  hundred 
and  thirty-six  in  the  repair  and  reconstruction  of  the  bridge 
and  abutments  thereto  in  said  town  known  as  the  Thomp- 
son bridge,  and  of  the  bridge  and  abutments  thereto  in 
that  portion  of  said  town  known  as  Griswoldville,  the  state 
treasurer,  with  the  approval  of  the  department  of  public 
works,  is  hereby  authorized  and  directed  to  pay  out  of  the 
treasury  of  the  commonwealth  to  said  town  from  the  un- 
expended balance  of  the  amount  appropriated  by  item  six 


preamble. 


404 


Acts,  1937.  —  Chaps.  352,  353. 


hundred  and  forty-three  a  of  chapter  four  hundred  and 
thirty-seven  of  the  acts  of  nineteen  hundred  and  thirty-six, 
the  sum  of  ninety-five  hundred  and  fifty  dollars  and  five 
cents.  Approved  May  26,  1937. 


Chav.S52  An  Act  regulating  the  making  and  awarding  of  cer- 
tain CONTRACTS  BY  THE  METROPOLITAN  DISTRICT  COM- 
MISSION AND  THE  METROPOLITAN  DISTRICT  WATER  SUPPLY 
COMMISSION. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  92, 
new  section 
60A,  added. 

Proposals  for 
construction 
work  to  be 
advertised. 


Act  extended 
to  metropoli- 
tan district 
water  supply 
commission. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  ninety-two  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  sixty,  as  appear- 
ing in  the  Tercentenary  Edition,  the  following  new  section: 
—  Section  60 A.  Except  in  cases  of  special  emergency  in- 
volving the  health  or  safety  of  the  people  or  their  property, 
no  contract  for  construction  work,  whether  the  same  shall 
be  for  repairs  or  original  construction,  the  estimated  cost 
of  which  amounts  to  or  exceeds  one  thousand  dollars,  shall 
be  awarded  by  the  commission,  unless  proposals  for  the 
same  shall  have  been  invited  by  advertisements  published 
in  at  least  two  daily  newspapers  of  general  circulation,  the 
publication  to  be  at  least  one  week  before  the  time  specified 
for  the  opening  of  said  proposals.  Such  advertisements 
shall  state  the  time  and  place  where  the  plans  and  specifi- 
cations of  the  proposed  work  may  be  had  and  the  time  and 
place  for  the  opening  of  proposals  in  answer  to  said  adver- 
tisements, and  shall  reserve  the  right  to  reject  any  or  all  of 
such  proposals.  All  such  proposals  shall  be  opened  in  pub- 
lic. No  contract  shall  be  split  or  divided  for  the  purpose  of 
evading  any  provision  of  this  section.  All  contracts  made 
by  the  commission  where  the  amount  involved  is  one  thou- 
sand dollars  or  more  shall  be  in  writing. 

Section  2.  The  provisions  of  section  sixty  A  of  chapter 
ninety-two  of  the  General  Laws  shall  apply  to  the  making 
and  awarding  of  contracts  by  the  metropolitan  district  water 
supply  commission,  established  by  section  one  of  chapter 
three  hundred  and  seventj^-five  of  the  acts  of  nineteen 
hundred  and  twenty-six.  Approved  May  26,  1937. 


Chap.SdS  An  Act  relative  to  the  retirement  allowance  of  silas 
F.  waite  under  the  state  retirement  system. 

Be  it  enacted,  etc.,  as  follows: 

Silas  F.  Waite,  employed  by  the  commonwealth  in  the 
securities  division  of  the  department  of  public  utilities  as 
chief  inspector  and  supervisor  of  investigation  of  fraudulent 


Acts,  1937. —Chap.  354.  405 

securities,  shall  receive  on  his  retirement  under  the  state 
retirement  system,  in  addition  to  the  retirement  allowance 
to  which  he  may  otherwise  be  entitled  under  said  system, 
an  extra  pension  for  life  equal  to  the  annuity  that  could 
have  been  purchased  under  paragraph  (2)  B  (a)  of  section 
five  of  chapter  thirty-two  of  the  General  Laws  if  amounts 
equal  to  five  per  cent  contributions  from  the  salary  paid  to 
him  by  the  city  of  Boston  for  service  in  the  Boston  police 
department  had  been  paid  into  the  state  retirement  fund 
from  time  to  time  in  the  manner  provided  by  paragraph 
(2)  A  of  section  four  of  said  chapter  thirty-two  with  respect 
to  salaries  payable  by  the  commonwealth  from  June  first, 
nineteen  hundred  and  twelve,  up  to  the  date  of  his  mem- 
bership in  the  state  retirement  association,  and  if  such  con- 
tributions had  been  accumulated  with  regular  interest,  as 
defined  in  section  one  of  said  chapter  thirty-two,  up  to  the 
date  of  his  retirement.  For  the  purpose  of  computing  the 
pension  for  prior  service  provided  under  paragraph  {2)  C 
(h)  of  section  five  of  said  chapter  thirty-two,  service  ren- 
dered by  said  Waite  for  the  city  of  Boston  prior  to  June 
first,  nineteen  hundred  and  twelve,  shall  be  counted  as 
state  service.  Approved  May  26,  1937. 

An  Act  authorizing  the  towns  of  marshfield  and  dux-  Qhn'r)  354 

BURY    to    contribute    TOWARD    THE    COST    OF    RAILROAD  ^' 

SERVICE   THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  towns  of  Marshfield  and  Duxbury  may, 
from  time  to  time,  for  the  purpose  of  avoiding  a  reduction 
or  discontinuance  of  railroad  service  therein,  enter  into  an 
agreement  with  the  New  York,  New  Haven  and  Hartford 
Railroad  Company,  its  successors  or  assigns,  to  pay  any 
part  or  all  of  any  excess  of  the  cost  of  the  service  on  the 
line  of  said  company  operated  in  said  towns  above  the 
amount  of  the  receipts  from  said  line  arising  from  the  rates 
and  fare  in  effect  thereon  during  the  period  covered  in  such 
agreement.  The  department  of  public  utilities  shall,  upon 
application  of  said  towns,  or  either  of  them,  determine  any 
question  relating  to  the  character  or  extent  of  service  ren- 
dered or  facilities  furnished  in  said  towns  in  pursuance  of 
said  agreements,  in  the  event  of  differences  arising  between 
the  said  railroad  company  and  said  towns,  or  either  of 
them,  in  relation  thereto.  Each  of  said  towns  may  raise  by 
taxation  such  amounts,  but  not  in  excess  of  fifty  cents  per 
thousand  of  the  valuation  of  said  towns  in  any  one  year, 
as  may  be  necessary  to  carry  out  the  provisions  of  this  act. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  inhabitants  of  each  of  the  towns  of 
Marshfield  and  Duxbury  at  an  annual  town  meeting  or  at 
a  special  town  meeting  called  for  the  purpose,  but  not  other- 
wise. Approved  May  26,  1937. 


406  Acts,  1937.  —  Chaps.  355,  356,  357. 


Chap.S55  An  Act  relative  to  the  retirement  allowance  of  mary 

ALICE  McMAHON  under  THE  STATE  RETIREMENT  SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Mary  Alice  McMahon,  employed  by  the  commonwealth 
in  the  Boston  state  hospital  as  superintendent  of  nurses 
shall  receive,  on  her  retirement  under  the  state  retirement 
system,  in  addition  to  the  retirement  allowance  to  which 
she  may  otherwise  be  entitled  under  said  system,  an  extra 
pension  for  life  equal  to  the  annuity  that  could  have  been 
purchased  under  paragraph  (2)  B  (a)  of  section  five  of  chap- 
ter thirty-two  of  the  General  Laws  if  amounts  equal  to  five 
per  cent  contributions  from  the  salary  paid  to  her  by  the 
city  of  Boston  for  service  as  an  employee  at  the  Boston 
city  hospital  had  been  paid  into  the  state  retirement  fund 
from  time  to  time  in  the  manner  provided  by  paragraph 
(2)  A  of  section  four  of  said  chapter  thirty-two  with 
respect  to  salaries  payable  by  the  commonwealth  from  June 
first,  nineteen  hundred  and  twelve,  up  to  the  date  of  her 
membership  in  the  state  retirement  association,  and  if  such 
contributions  had  been  accumulated  with  regular  interest, 
as  defined  in  section  one  of  said  chapter  thirty-two,  up  to 
the  date  of  her  retirement.  For  the  purpose  of  computing 
the  pension  for  prior  service  provided  under  paragraph  (2) 
C  (b)  of  section  five  of  said  chapter  thirty-two,  service  ren- 
dered by  said  McMahon  for  the  city  of  Boston  prior  to 
June  first,  nineteen  hundred  and  twelve,  shall  be  counted 
as  state  service.  Approved  May  26,  1937. 

Chap.SbQ  An  Act  establishing  the  amount  of  the  retirement 

ALLOWANCE    OF   GILBERT   W.    HUNT. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  discharging  a  moral  obligation  of  the 
commonwealth  in  the  premises,  the  retirement  allowance 
of  Gilbert  W.  Hunt,  formerly  armorer  at  the  Lowell  Ar- 
mory, shall  be  nine  hundred  dollars  a  year  from  the  date 
of  his  retirement.  Approved  May  26,  1937. 

Chap.S57  An  Act  relative  to  purchase  of  bonds  of  the  boston 

ELEVATED    RAILWAY     COMPANY     BY    THE     BOSTON     METRO- 
POLITAN  DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  trustees  of  the  Boston  metropolitan  dis- 
trict, hereinafter  called  the  district,  in  the  name  and  on  behalf 
of  the  district,  may  from  time  to  time,  prior  to  November 
first,  nineteen  hundred  and  thirty-seven,  if  they  deem  it  in 
the  interest  of  the  district  so  to  do,  at  the  request  of  the 
board  of  trustees  of  the  Boston  Elevated  Railway  Company, 
purchase  bonds  of  the  Boston  Elevated  Railway  Company, 


Acts,  1937.  —  Chap.  357.  407 

hereinafter  called  the  company,  hereafter  issued  or  reissued 
under  the  authority  of  section  eighteen  of  chapter  three  hun- 
dred and  thirty-three  of  the  acts  of  nineteen  hundred  and 
thirty-one  for  the  purposes  of  paying  or  refunding  any  bonds, 
coupon  notes  or  other  evidences  of  indebtedness  of  the  com- 
pany paj^able  at  periods  of  more  than  one  year  from  the 
date  thereof,  to  an  amount  not  exceeding  four  milhon  eight 
hundred  thousand  dollars,  in  addition  to  such  purchases 
heretofore  authorized.  The  trustees  of  the  district  shall 
procure  the  funds  necessary  for  each  purchase  authorized 
by  this  section  by  the  issue  of  bonds  of  the  district  under 
and  in  the  manner  provided  in  section  ten  of  chapter  three 
hundred  and  eighty-three  of  the  acts  of  nineteen  hundred 
and  twenty-nine  and  section  two  of  chapter  one  hundred 
and  forty-seven  of  the  acts  of  nineteen  hundred  and  thirt}'- 
two,  and  the  provisions  of  said  sections  shall  apply  thereto 
in  the  same  manner  and  to  the  same  extent  as  if  such  bonds 
of  the  district  were  specifically  authorized  in  said  chapter 
three  hundred  and  eighty-three;  provided,  that  any  bonds 
of  the  district  issued  under  authority  of  this  act  shall  be 
for  such  terms  not  less  than  fifteen  years,  except  as  herein- 
after provided,  and  not  exceeding  twenty-five  years  from 
the  date  thereof,  and  shall  bear  interest  payable  semi- 
annually at  such  rates,  as  said  trustees  of  the  district,  subject 
to  the  approval  of  the  department  of  public  utilities,  shall 
from  time  to  time  determine.  Said  bonds  of  the  district 
may  be  issued  on  either  the  sinking  fund  or  serial  payment 
plan,  and,  if  issued  on  the  serial  payment  plan,  such  por- 
tions of  each  issue  of  said  bonds  as  the  trustees  of  the  dis- 
trict, subject  to  like  approval,  ma}''  determine  may  be  for 
terms  of  less  than  fifteen  years,  and  the  trustees  of  the  dis- 
trict shall  endeavor  so  to  arrange  the  matiu-ities  of  all  bonds 
issued  on  the  serial  payment  plan  that  the  bonds  maturing 
each  year  other  than  the  final  year  will  be  met  by  the  amounts 
available  from  interest  upon  the  bonds  purchased.  All 
amounts  received  by  the  district  from  said  interest  shall  be 
applied  in  payment  of  interest  and  principal  of  the  bonds 
of  the  district  issued  hereunder  as  and  when  due,  and  any 
balance  shall  be  accumulated  in  a  sinldng  fund  to  be  used 
for  such  purpose,  as  and  when  required.  All  amounts  re- 
ceived by  the  district  in  payment  of  each  such  bond  issue 
of  the  company  shall  be  applied  in  payment  of  bonds  of 
the  district  issued  hereunder  to  provide  funds  for  the  pur- 
chase of  such  bond  issue  and  the  balance  shall  be  accumu- 
lated in  a  general  sinking  fund  for  any  bonds  of  the  district 
then  outstanding.  Said  sinking  funds  shall  be  invested  as 
provided  in  section  eleven  of  said  chapter  three  hundred 
and  eighty-three. 

Sectiox  2.  Each  bond  issue  of  the  company  so  purchased 
shall  be  for  the  same  term  as  the  term  of  the  last  maturing 
bonds  of  the  district  issued  to  provide  funds  for  the  purchase 
of  such  bond  issue  of  the  company,  and  shall  bear  interest 
payable  semi-annually  at  a  rate  two  per  cent  higher  than 


408  Acts,  1937.  —  Chaps.  358,  359. 

the  rate  payable  upon  said  bonds  of  the  district.  In  the 
event  that  said  bonds  of  the  district  are  sold  at  a  premium 
above  or  a  discount  below  par,  the  bond  issue  of  the  com- 
pany purchased  with  the  proceeds  thereof  shall  be  purchased 
by  the  district  at  the  same  premium  above  or  discount  be- 
low par.  Said  bonds  of  the  company,  both  as  to  income 
and  principal,  are  hereby  made  exempt  from  all  taxes  levied 
under  authority  of  the  commonwealth  while  held  by  the 
district  and  shall  contain  a  recital  to  such  effect.  Said  bonds 
of  the  company  shall  not  be  disposed  of  by  the  district  with- 
out authority  of  the  general  court.  The  proceeds  of  said 
bonds  of  the  company  shall  be  used  by  it  only  for  the  pur- 
poses herein])efore  set  forth. 

Section  3.  The  company  shall  reimburse  the  district,  at 
the  request  of  the  trustees  thereof,  for  all  expenses  inciden- 
tal to  the  authorization,  preparation,  issue,  registration  and 
payment  of  interest  and  principal  of  the  aforesaid  bonds  of 
the  district.  Approved  May  26,  1937. 


Chap. Z5S  An  Act  extending  further  the  duration  of  a  law  pro- 
viding FOR  THE  TRIAL  OR  DISPOSITION  OF  CERTAIN  CRIMI- 
NAL CASES  BY  DISTRICT  COURT  JUDGES  SITTING  IN  THE 
SUPERIOR    COURT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  four  hundred  and  sixty-nine  of  the  acts  of  nine- 
teen hundred  and  twenty-three,  as  most  recently  amended 
by  chapter  three  hundred  and  seventy-seven  of  the  acts  of 
nineteen  hundred  and  thirty-five,  is  hereby  fiu"ther  amended 
by  striking  out  section  five  and  inserting  in  place  thereof 
the  following :  —  Section  5.  This  act  shall  not  be  operative 
after  December  thirty-first,  nineteen  hundred  and  forty. 

Approved  May  26,  1937. 


Chap.S59  An  Act  extending  to  all  state  officers  and  boards  cer- 
tain PROVISIONS   OF   LAW   RELATIVE    TO    STATE    FINANCES. 

Be  it  enacted,  etc.,  as  follows: 

Ed^' 29^1' 27         Section  twenty-seven  of  chapter  twenty-nine  of  the  Gen- 
amended.      '    eral  Laws,   as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out,  in  the  first  line,  the  word 
Slaslsof*^     "public", —  so  as  to  read  as  Mlows:  — Section  27.     No 
boards  or  of-  ^  officcr  Or  board  shall  incur  a  new  or  unusual  expense,  make 
a  permanent  contract,  increase  a  salary  or  employ  a  new 
clerk,  assistant  or  other  subordinate  unless  a  sufficient  ap- 
propriation to  cover  the  expense  thereof  has  been  made  by 
the  general  court,  except  that  prior  to  the  effective  date  of 
the   general   appropriation   act   the   department   of   public 
works,  in  anticipation  of  appropriations  therefor,  may,  in 
any  fiscal  year,   with  the  approval  of  the  governor  and 
council,   make  contracts  for  the  construction  and  recon- 


ficers  regulated. 


Acts,  1937.  —  Chap.  360.  409 

stniction  of  state  highways  binding  the  commonwealth  to 
an  amount  not  in  excess  of  twenty-five  per  cent  of  the 
amount  appropriated  during  the  preceding  fiscal  year  for 
the  same  purposes,  such  contracts  to  provide  for  the  com- 
pletion of  the  work  thereunder  within  the  fiscal  year  in 
which  they  are  made.  Approved  May  26,  1937. 


C/iap.360 


An  Act  relative  to  the  salaries  of  the  clerks  and 
assistant  clerks  of  the  senate  and  house  of  rep- 
resentatives and  to  clerical  assistance  in  the 
offices  of  said  clerks. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  three  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  twelve,  as  appearing  in  the  amended!  ^^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following:  —  Section  12.     The  clerk  of  the  senate  and  the  salaries  of 
clerk  of  the  house  of  representatives  shall  each  receive  a  se^'nate^and 
salary  graded  by  length  of  service  as  follows :  —  First  three  House  of  Rep- 
years,  four  thousand  dollars;    fourth  to  sixth  years,  inclu- '^^^'^"  ^ '^^^' 
sive,  five  thousand  dollars;    and  thereafter,  six  thousand 
dollars;    provided,  that,  if  an  assistant  clerk  of  the  senate 
or  house  of  representatives  is  elected  clerk  of  either  branch, 
his  service  as  said  assistant  clerk  shall,  for  the  purpose  of 
grading  his  salary  as  clerk,  be  credited  as  service  as  clerk. 
Each  such  clerk  shall  hold  office  until  his  successor  is  qualified. 

Section  2.    Said  chapter  three  is  hereby  further  amended  EdV's^ria 
by  striking  out  section  thirteen,  as  so  appearing,  and  in-  amended. 
serting  in  place  thereof  the  following:  —  Section  13.     The  Appointment, 
clerks  of  the  senate  and  house  of  representatives,  subject  telTJrTof "office 
to  the  approval  of  the  senate  and  house,  respectively,  may  "[  ^^*'^^**?* 
each  appoint  an  assistant  clerk  who,  in  the  absence  of  the  clerical 
clerk,  shall  perform  his  duties  unless  a  temporary  clerk  is  assistants. 
chosen.     Each  clerk  may  remove  the  assistant  clerk  ap- 
pointed by  him.    The  salary  of  each  of  the  assistant  clerks 
shall  be  graded  by  length  of  service  as  follows:  —  First 
three  years,   thirty-five  hundred  dollars;    fourth  to  sixth 
years,    inclusive,    four   thousand    dollars;     and    thereafter, 
forty-five  hundred  dollars.     The  clerk  of  the  senate  may 
also  employ  necessarj'-  clerical  assistance  at  an  annual  ex- 
pense of  not  more  than  twenty-five  hundred  dollars,  and 
the  clerk  of  the  house  of  representatives  may  also  employ 
necessary  clerical  assistance  at  an  annual  expense  of  not 
more  than  sixty-eight  hundred  dollars. 

Section  3.  Chapter  three  hundred  and  twenty-two  of 
the  acts  of  nineteen  hundred  and  twenty-eight  and  chapter 
one  hundred  and  eighty-one  of  the  acts  of  nineteen  hundred 
and  thirty-two  are  hereby  repealed. 

Section  4.  The  service  of  the  present  clerk  of  the  sen- 
ate as  assistant  clerk  of  the  senate  shall,  for  the  purpose  of 
grading  his  salary  under  this  act,  be  considered  as  service 
as  clerk  of  the  senate. 


410  Acts,  1937. —Chaps.  361,  362. 

Section  5.  This  act  shall  become  operative  when  suffi- 
cient appropriations  therefor  have  been  made,  and  then  as 
of  January  first  of  the  current  year. 

Approved  May  26,  1937. 

C/lflZ>.361  An  -^^'^  GRANTING  THE  CONSENT  OF  THE  COMMONWEALTH 
TO  THE  ACQUISITION  BY  THE  UNITED  STATES  OF  AMERICA 
OF  CERTAIN  LANDS  FOR  THE  PURPOSES  OF  THE  VETERANS' 
ADMINISTRATION  FACILITY  IN  THE  TOWN  OF  BEDFORD, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  consent  of  the  commonwealth  is  hereby 
granted  to  the  acquisition  by  the  United  States  of  America, 
by  purchase  or  condemnation,  for  the  site  of  the  Veterans' 
Administration  Facility  in  the  town  of  Bedford,  of  a  certain 
tract  of  land  situated  in  said  town  and  formerly  owned  by 
Philip  F.  Coleman,  and  of  certain  additional  lands  formerly 
owned  by  the  Estate  of  John  R.  Comley,  adjoining  the  site 
of  the  Veterans'  hospital  in  said  town,  a  more  particular 
description  of  said  lands  being  shown  on  a  plan  thereof, 
dated  May  twentieth,  nineteen  hundred  and  thirtj^-seven, 
and  on  file  in  the  office  of  the  state  secretary. 

Section  2.  Jurisdiction  over  the  said  land  is  hereby 
granted  and  ceded  to  the  United  States  of  America,  but 
upon  the  express  condition  that  the  commonwealth  shall 
retain  concurrent  jurisdiction  with  the  United  States  of 
America  in  and  over  the  land  so  acquired,  in  so  far  that  all 
civil  processes,  and  such  criminal  processes  as  may  issue 
under  the  authority  of  the  commonwealth  against  any  per- 
son or  persons  charged  with  crimes  committed  without  said 
land,  may  be  executed  thereon  in  the  same  manner  as  though 
this  consent  and  cession  had  not  been  granted. 

Approved  May  26,  1937. 

ChaV'^Q2  -An  Act  changing  the  position  in  the  general  laws  of 

CERTAIN   provisions    OF   LAW   RELATIVE    TO    BAKERIES. 

Be  it  enacted,  etc.,  as  follows: 
g.  L.  (Ter.  SECTION  1.     Sectiou  ouc  of  chapter  ninety-four  of  the 

etci.'amended.  General  Laws,  as  amended,  is  hereby  further  amended  by 
striking  out,  in  the  nineteenth  line,  as  printed  in  the  Ter- 
centenary Edition,  the  word  "eight"  and  inserting  in  place 
thereof  the  following:  —  nine  M,  —  so  that  the  paragraph 
defining  "Bakery"  will  read  as  follows:  — 
■•  Bakery"  "Bakery",  in  sections  two  to  nine  M,  inclusive,  a  build- 

^  °^  ■  ing  or  part  of  a  building  wherein  is  carried  on  the  produc- 

tion, preparation,  packing,  storing,  display  or  sale  of  bread, 
cake,  pies  or  other  bakery  products,  including  any  sepa- 
rate room  used  for  the  convenience  or  accommodation  of 
workers. 
G.  L.  (Ter.  SECTION  2.     Scctiou  six  of  Said  chapter  ninety-four,  as 

amended.  ^'     appearing  in  the  Tercentenary  Edition,  is  hereby  amended 


Acts,  1937. —Chap.  362.  411 

by  striking  out,  in  the  fifth  line,  the  words  "forty-two  of 
chapter  one  hundred  and  eleven"  and  inserting  in  place 
thereof  the  words :  —  nine  I,  —  so  as  to  read  as  follows :  — 
Section  6.  The  department  of  public  health  may,  by  rule,  Rules, 
establish  such  exemptions  as  may  be  necessary  to  facilitate 
the  sale  of  any  accumulated  or  unsold  stocks  of  wholesome 
bakery  products,  and  in  other  cases  consistent  with  sections 
two  to  six,  inclusive,  and  section  nine  I.  The  standards  and 
requirements  prescribed  by  sections  two  to  six,  inclusive, 
shall  conform  to  rules  and  regulations  adopted  by  the  de- 
partment of  public  health,  and  said  sections  and  rules  and 
regulations  shall  be  enforced  by  said  department  and  by 
local  boards  of  health  acting  under  the  supervision  of  said 
department. 

Section  3.     Said  chapter  ninety-four  is  hereby  further  g.  l.  (Ter. 
amended  by  inserting  after  section  nine,  as  so  appearing,  fectioM'  ^^^ 
the  following  thirteen  new  sections:  —  Section  9 A.     Every  ^^-^m,  added 
room  used  for  the  manufacture  of  flour  or  meal  food  prod-  ^ype  of 
ucts  shall,  if  required  by  the  board  of  health,  have  an  im-  for  bakeries 
permeable  floor  constructed  of  cement  or  tiles  laid  in  cement,  '■^s"''**^'^- 
and  an  additional  floor  of  wood  properly  saturated  with  hn- 
seed  oil.    The  walls  and  ceiling  of  such  room  shall  be  plas- 
tered or  wainscoted,  and,  if  required  by  the  board  of  health, 
shall  be  whitewashed  at  least  once  in  three  months.     The 
furniture  and  utensils  therein  shall  be  so  arranged  that 
they  and  the  floor  may  at  all  times  be  kept  clean  and  in 
good  sanitary  condition. 

Section  9B.    The  sleeping  places  for  persons  emploj^ed  in  sleeping 
a  bakery  shall  be  separate  from  the  rooms  where  flour  or  emproyees. 
meal  food  products  are  manufactured  or  stored. 

Section  9C.     The  owner,  agent  or  lessee  of  any  property  Notice 
affected  by  section  nine  A  shall,  within  sixty  days  after  aftwaUona. 
service  of  written  notice  requiring  any  alterations  to  be  made 
in  such  property,  comply  therewith.     Such  notice  may  be 
served  upon  such  owner,  agent  or  lessee  personally  or  by 
mail  directed  to  his  last  known  address. 

Section  9D.    Except  as  provided  in  section  nine  F,  boards  Regulations 
of  health  may  make  such  further  regulations  as  the  public  hlaitk^^  °^ 
health  may  require,  and  shall  cause  such  regulations,  to- 
gether with  sections  nine  A  to  nine  E,  inclusive,  to  be 
printed  and  posted  in  all  such  bakeries  and  places  of  business. 

Section  9E.  Whoever  violates  any  provision  of  sections  Penalties, 
nine  A  to  nine  C,  inclusive,  or  refuses  to  comply  with  any 
requirement  of  the  board  of  health  authorized  therein  or  in 
the  preceding  section  shall  be  punished  for  a  first  offence 
by  a  fine  of  not  less  than  twenty  nor  more  than  fifty  dol- 
lars; for  the  second  offence  by  a  fine  of  not  less  than  fifty 
nor  more  than  one  hundred  dollars  or  by  imprisonment  for 
not  more  than  ten  days;  and  for  any  subsequent  offence  by 
a  fine  of  not  less  than  two  hundred  and  fifty  dollars  or  by 
imprisonment  for  not  more  than  one  month,  or  both. 

Section  9F.    The  department  of  public  health  may  make  Rules  of  de- 
rules  and  regulations  to  carry  out  sections  nine  G  to  nine  M,  ^ubii^^heoith. 


412 


Acts,  1937. —Chap.  362. 


Sanitary 
condition 
of  bakeries 
regulated. 


Workers' 
rooms. 


Use  of 

premises 

limited. 


Sanitary  regu- 
lations for 
employees. 


Inspection 
of  premises. 


Closing  of 
bakery. 


Appeal. 


inclusive.  Said  sections  and  the  rules  and  regulations  shall 
be  enforced  by  said  department  and  by  the  local  boards  of 
health  acting  under  the  supervision  of  said  department; 
provided,  that  the  provisions  of  sections  nine  G  and  nine  H 
relating  to  the  health  of  employees  shall  be  enforced  by  the 
department  of  labor  and  industries  in  accordance  with  such 
rules  and  regulations  as  it  may  prescribe.  Sections  nine  G, 
nine  H,  nine  J  and  nine  M  shall  not  apply  to  retail  stores 
where  bakery  products  are  sold  but  not  produced. 

Section  9G.  Every  bakery  shall  be  constructed,  drained, 
lighted,  ventilated  and  maintained  in  a  clean  and  sanitary 
condition,  and  when  and  where  necessary  screened  against 
flies;  shall  have  plumbing  and  drainage  facilities,  together 
with  suitable  wash  basins,  wash  sinks  and  toilets  or  water 
closets,  which  shall  be  kept  in  a  clean  and  sanitary  condi- 
tion. The  said  toilets  or  water  closets  shall  be  in  rooms 
having  no  direct  connection  with  any  room  in  which  bakery 
products  or  ingredients  are  prepared,  stored,  handled  or 
displayed. 

Section  9H.  In  connection  with  every  bakery  suitable 
rooms  shall  be  provided  for  the  changing  and  hanging  of  the 
wearing  apparel  of  the  workers  or  employees,  which  shall 
be  separate  and  apart  from  the  work,  storage  and  sales 
rooms,  and  shall  be  kept  in  a  clean  and  sanitary  condition. 

Section  91.  No  person  shall  sit,  lie  or  lounge  or  be  per- 
mitted to  sit,  lie  or  lounge  upon  any  of  the  tables,  shelves, 
boxes  or  other  equipment  or  accessories  used  in  connection 
with  the  production,  preparation,  packing,  storing,  display 
or  sale  of  bakery  products.  No  animals  or  fowls  shall  be 
kept  in  or  permitted  to  enter  any  building  or  part  thereof 
used  for  such  production,  preparation,  packing,  storing,  dis- 
play or  sale. 

Section  9J.  Before  beginning  the  work  of  preparing,  mix- 
ing or  handling  any  ingredients  used  in  the  production  of 
bakery  products,  every  person  engaged  in  such  work  shall 
wash  the  hands  and  arms,  and,  after  using  toilets  or  water 
closets,  shall  wash  the  hands  and  arms  thoroughly  and  then 
rinse  in  clean  water;  and  for  this  purpose  the  owner  or 
operator  of  the  bakery  shall  provide  sufficient  facilities. 

Section  9K.  If,  after  inspection,  it  is  found  that  a  bakery 
is  not  constructed,  maintained,  operated  or  the  distribution 
of  its  products  not  conducted  in  accordance  with  sections 
two  to  six,  inclusive,  and  sections  nine  F  to  nine  J,  inclusive, 
written  notice  shall  be  given  to  the  owner  or  manager,  stat- 
ing the  delinquency,  and  fixing  a  reasonable  time  within 
which  the  same  shall  be  remedied  and  for  hearing  any  party 
in  interest. 

Section  9L.  If  a  bakery  is  unfit  for  the  production  or 
handling  of  food  or  dangerous  to  the  health  of  its  employees, 
the  department  of  public  health  or  local  board  may  order  it 
closed;  provided,  that  any  person  aggrieved  may  be  heard 
before  said  department  or  board,  and  may  also  appeal  be- 


Acts,  1937.  —  Chap.  362.  413 

fore  or  after  the  execution  of  the  order,  but  within  thirty 
days  after  its  issue,  to  the  superior  court. 

Section  9M.    No  new  bakeries  shall  be  established  unless  Bakeries 
the  building  plans  and  equipment  proposed  to  be  used  have  JsTabiished 
been  approved  by  the  local  board  of  health.     The  board  subject  to 
shall  refuse  a  permit  for  such  bakery  if  the  building  and  tions. 
equipment  do  not  comply  with  sections  two  to  six,  inclusive, 
and  sections  nine  F  to  nine  J,  inclusive,  and  rules  and  regu- 
lations made  thereunder;    provided,  that  any  party  in  in- 
terest may  appeal  to  the  department  of  public  health  or  to 
the  superior  court.     Said  department  or  court  may  affirm, 
reject  or  modify  the  findings  of  the  board,  and  said  board 
shall  thereupon  proceed  in  accordance  with  the  order  of  the 
court  or  department. 

Section  4.    Section  ten  of  said  chapter  ninety-four,  as  so  g.  l.  (Ter. 
appearing,  is  hereby  amended  by  inserting  after  the  word  f  lo.'a^mended. 
"inclusive"  in  the  second  line  the  words: — ,  or  sections 
nine  F  to  nine  M,  inclusive,  —  so  as  to  read  as  follows:  — 
Section  10.    Whoever  violates  any  provision  of  sections  two  Penalties, 
to  nine,  inclusive,  or  sections  nine  F  to  nine  M,  inclusive, 
or  of  any  rule  or  regulation  adopted  thereunder,  or  whoever 
fails  or  refuses  to  comply  with  any  request  for  information 
made  under  authority  of  said  sections,  shall  be  punished  by 
a  fine  of  not  more  than  one  hundred  dollars. 

Section  5.     Section  three  hundred  and  five  A  of  said  ^j^ip""" 
chapter  ninety-four,  as  so  appearing,  is  hereby  amended  by  §  sosa,  ' 
striking  out,  in  the  second  and  third  lines,  the  words  "or  ^™«'^'^ed. 
sections  thirty-four  to  forty-nine,  inclusive,  of  chapter  one 
hundred  and  eleven",  —  so  as  to  read  as  follows:  —  Section  General 
S05A.    Unless  another  penalty  is  provided  under  this  chap-  fmproper"'^ 
ter,  whoever  for  the  purpose  of  sale  manufactures,  prepares,  ^'f^od!''*"^^ 
packs,  cans,  bottles,  keeps,  exposes,  stores,  handles,  serves, 
or  distributes  in  any  manner,  food  in  or  from  an  unclean, 
unsanitary  or  unhealthful  establishment,  place  or  vehicle  or 
under  unclean,  unsanitary  or  unhealthful  conditions  shall 
be  punished  for  the  first  offence  by  a  fine  of  not  more  than 
one  hundred  dollars  and  for  a  subsequent  offence  by  a  fine 
of  not  more  than  five  hundred  dollars.     The  provisions  of 
this  section  relative  to  the  keeping  or  exposing  for  sale  of 
food  shall  not  apply  in  any  city  or  town  where  rules  and 
regulations  made  by  its  board  of  health  under  section  one 
hundred  and  fortj^-six,  or  corresponding  provisions  of  earlier 
laws,  are  in  force.    For  the  purposes  of  this  section,  the  word 
"food"  shall  mean  and  include  all  articles,  whether  simple, 
mixed  or  compound,  used  or  intended  to  be  used  for  food  or 
drink,  confectionery  or  condiment,  by  human  beings,  except 
milk  and  cream. 

Section  6.    Sections  thirty-four  to  forty-three,  inclusive,  g.  l.  (Ter. 
and  sections  forty-six  to  forty-nine,  inclusive,  of  chapter  one  §§  34-43V 
hundred  and  eleven  of  the  General  Laws,  and  the  caption  ^^j^^^  ""^ 
preceding  said  section  thirty-four,  as  so  appearing,  are  hereby 
repealed. 


414  Acts,  1937. —Chaps.  363,  364. 

^ertahi°^  Section  7.    The  provisions  of  sections  one  to  five,  inclu- 

seotions.  sive,  of  this  act,  so  far  as  they  are  the  same  as  those  of  exist- 

ing statutes,  shall  be  construed  as  a  continuation  thereof 
and  not  as  new  enactments.  Approved  May  26,  1937. 

Chap.SQS  An  Act  further  regulating  the  awarding  of  certain 

CONTRACTS    BY    THE    CITY   OF   SOMERVILLE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  forty  of  the  acts  of  eighteen 
hundred  and  ninety-nine  is  hereby  amended  by  inserting 
after  section  forty-six  B,  inserted  therein  by  section  one  of 
chapter  three  hundred  and  eight  of  the  acts  of  nineteen 
hundred  and  thirty-two,  the  following  new  section:  —  Sec- 
tion  40c.  No  contract  or  order  for  the  performance  of  labor 
or  for  the  purchase  of  apparatus,  supplies  or  materials,  ex- 
cept in  cases  of  special  emergency  involving  the  health  or 
safety  of  the  people  or  their  property,  shall  be  awarded  by 
the  city  unless  and  until  the  city  auditor  has  certified  on  said 
contract  or  order  that  there  is  an  unencumbered  balance 
in  the  appropriation  chargeable  therefor  sufficient  to  cover 
the  cost  of  said  labor,  apparatus,  supplies  or  materials,  as 
the  case  may  be.  Approved  May  26,  1937. 

Chap. 3Q4:  An  Act  relative  to  certain  petitions  for  legislation 

AFFECTING    CERTAIN    CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

G.L.  (Ter  SECTION  1.    Section  five  of  chapter  three  of  the  General 

amended.  '      Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  inserting  after  the  word  "structures"  in  the 
eleventh  line  the  words :  —  in  or,  —  so  as  to  read  as  follows : 
Notice  of  —  Section  5.     Whoever  intends  to  present  to  the  general 

tfons'u>^be''  court  a  petition  for  the  incorporation  of  a  city  or  town,  for 
pubUshed.  tlic  annexation  of  one  municipality  to  another,  for  the 
consolidation  of  two  or  more  municipalities  or  for  the  divi- 
sion of  an  existing  municipality,  or  for  the  incorporation  or 
revival  of  a  railroad,  street  railway,  elevated  railroad,  canal, 
telephone,  telegraph,  water,  gas,  electric  light,  power  or 
other  public  service  corporation,  for  the  amendment,  altera- 
tion or  extension  of  the  charter  or  corporate  powers  or 
privileges,  or  for  the  change  of  name,  of  any  such  company, 
whether  specially  incorporated  or  organized  under  general 
laws,  or  for  authority  to  take  water  for  a  water  supply,  or 
relative  to  building  structures  in  or  over  navigable  or  tide 
waters,  shall  give  notice  of  such  petition  by  publishing  a 
copy  thereof  once  in  each  of  three  successive  weeks  in 
such  newspapers  as  the  state  secretary,  having  regard  to  the 
locality  of  the  interests  involved  in  such  petition,  shall 
direct,  the  last  publication  to  be  made  at  least  twenty- 
four  days  before  the  session  at  which  the  petition  is  to  be 
presented.     Such  petition  with  a  bill  embodying  in  sub- 


Acts,  1937.  —  Chap.  364.  415 

stance  the  legislation  petitioned  for  shall  be  deposited  on 
or  before  the  third  Saturday  of  December  in  the  office  of 
the  state  secretarj^,  with  proof  of  publication  satisfactory 
to  him,  and  he  shall  file  said  petition  and  bill  forthwith 
with  the  clerk  of  the  house  of  representatives,  with  his 
endorsement  that  the  required  publication  has  been  made. 

Every  petition  seeking  as  aforesaid  the  incorporation  or 
revival  or  change  of  name  of  a  public  service  corporation 
and  every  petition  by  or  on  behalf  of  such  a  corporation 
seeking  as  aforesaid  legislation  otherwise  amending,  alter- 
ing or  extending  the  charter  or  corporate  powers  or  privi- 
leges of  such  a  corporation  shall  be  accompanied  by  a  fee 
of  twenty-five  dollars  which  shall  be  paid  to  the  common- 
wealth. 

Section  2.  Said  chapter  three  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  six,  as  so  appearing,  amended.  ^' 
and  inserting  in  place  thereof  the  following :  —  Section  6.  Petitions  for 
Any  petition  to  the  general  court  for  the  incorporation  'JfTducaUonai 
of  a  college,  university  or  other  educational  institution  with  institutions. 
power  to  grant  degrees,  or  for  an  amendment  to  the  charter 
of  any  existing  educational  institution  which  will  give  it 
such  power,  which  is  seasonably  filed  in  the  office  of  the 
clerk  of  either  branch  and  is  accompanied  by  a  bill  embody- 
ing in  substance  the  legislation  petitioned  for,  shall,  with 
said  accompanying  bill,  be  transmitted  as  soon  as  may  be 
by  the  clerk  of  the  branch  in  which  they  were  filed  to  the 
office  of  the  commissioner  of  education;  and  said  commis- 
sioner shall  forthwith  notify  the  petitioners  of  the  require- 
ments of  this  section.  The  petitioners  shall  give  notice  of 
the  petition  by  publishing  a  copy  thereof  once  in  each  of 
three  successive  weeks  in  such  newspapers  as  said  commis- 
sioner may  designate,  the  last  publication  to  be  made  not 
more  than  twenty-four  days  after  the  date  of  such  noti- 
fication; and  the  petitioners  shall,  not  later  than  the  seventh 
day  following  the  date  of  such  last  publication,  file  with  said 
commissioner  satisfactory  evidence  that  a  copy  of  the  peti- 
tion has  been  so  published.  Said  commissioner  shall,  not 
later  than  March  first  following,  return  said  petition  and 
bill  to  the  clerk  of  the  branch  in  which  they  were  originally 
filed,  together  with  his  recommendations  relative  thereto. 

Section  3.    Said  chapter  three  is  hereby  further  amended  EdV's^r? 
by  striking  out  section  seven,  as  so  appearing,  and  inserting  amended, 
in  place  thereof  the  following :  —  Section  7.     Any  petition  Petitions  for 
to  the  general  court  for  the  establishment  or  revival,  or  for  !flectlng"or- 
the  amendment,  alteration  or  extension  of  the  charter  or  Pub^itTo^"*^ 
corporate  powers  or  privileges,  or  for  the  change  of  name,  §§  5  and  6. 
of  any  corporation,  except  a  petition  subject  to  the  provi- 
sions of  section  five  or  six,  which  is  seasonably  filed  in  the 
office  of  the  clerk  of  either  branch  and  is  accompanied  by 
a  bill  embodying  in   substance   the   legislation   petitioned 
for,  shall,  with  said  accompanying  bill,  be  transmitted  as 
soon  as  may  be  by  the  clerk  of  the  branch  in  which  they 
were  filed  to  the  office  of  the  commissioner  of  corporations 


416  Acts,  1937.  —Chap.  365. 

and  taxation.  The  petition  shall  specifically  set  forth  the 
facts  showing  whj^  the  object  sought  cannot  be  accom- 
pHshed  under  the  general  laws,  shall  contain  the  business 
or  mailing  address  of  the  petitioner  and,  if  such  petition 
relates  to  a  corporation  organized  or  to  be  organized 
for  purposes  of  business  or  profit,  shall  be  accompanied 
by  a  fee  of  twenty-five  dollars,  which  shall  be  paid  to  the 
commonwealth.  If  the  petition  fails  so  to  set  forth  the  facts 
required  above,  or  if  the  petitioner  fails  to  pay  a  fee  in  a 
case  where  a  fee  is  required,  said  commissioner  shall  forth- 
with notify  the  petitioner  by  registered  mail  of  such  failure 
and  such  petitioner  shall  within  ten  days  from  the  date  of 
such  notification  comply  with  the  requirements  of  this  sec- 
tion. If  at  the  expiration  of  such  period  the  petitioner  shall 
have  failed  so  to  comply,  said  commissioner  shall  return 
the  petition  and  bill  to  the  clerk  of  the  branch  in  which 
they  were  originally  filed,  with  a  statement  that  the  peti- 
tioner has  failed  to  comply  with  this  section.  If  the  petition 
is  not  so  returned,  said  commissioner  shall,  not  later  than 
the  thirtieth  day  following  the  date  of  receipt  thereof, 
return  the  same  with  the  accompanying  bill  to  the  clerk  of 
the  branch  in  which  they  were  originally  filed,  together  with 
a  memorandum  stating  whether  or  not,  in  his  opinion,  the 
object  sought  may  be  accompfished  under  the  general  laws 
or  whether  the  same  requires  legislation.  He  may  also 
insert  in  said  memorandum  any  other  relevant  statement 
which,  in  his  opinion,  might  be  of  assistance  to  the  general 
court  in  passing  on  the  petition. 

Approved  May  26,  1937. 


Chap.SQ5  An  Act  relative  to  the  publication  of  certain  infor- 
mation FOR  BOARDS  OF  HEALTH  BY  THE  DEPARTMENT  OF 
PUBLIC   HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

EdViiT%'  H        Section  twenty-fom-  of  chapter  one  hundred  and  eleven 
amended.   '  '   of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  striking  out  all  after  the  word 
"department"  in  the  fifth  line  and  inserting  in  place  thereof 
the  following:  —  The  department  shall  also  publish  every 
five   years   for   distribution   among   the   boards   of   health 
throughout  the  commonwealth  a  manual  of  the  laws  relat- 
ing to  boards  of  health  in  the  commonwealth,  together  with 
such  information  upon  the  same  subject  as  it  may  deem 
expedient.    The  cost  of  such  publications  shall  be  paid  out 
of  the  appropriation  for  general  expenses   of  the  depart- 
Department      mcnt,  —  SO  as  to  read  as  follows:  —  Section  21^.     The  said 
certain 'fn-         department  may  publish  for  general  distribution  such  parts 
formation.        ^f  ^^g  annual  rcport  and  such  other  matter  as  it  may  deem 
adapted  to  promote  the  interests  of  the  public  health  in  the 
commonwealth;    provided,  that  the  expense  of  such  publi- 
cation  is   paid   out  of  the  appropriation  for  the   general 


Acts,  1937.  —  Chaps.  366,  367.  417 

expenses  of  the  department.  The  department  shall  also 
publish  every  five  years  for  distribution  among  the  boards 
of  health  throughout  the  commonwealth  a  manual  of  the 
laws  relating  to  boards  of  health  in  the  commonwealth,  to- 
gether with  such  information  upon  the  same  subject  as  it 
may  deem  expedient.  The  cost  of  such  publications  shall 
be  paid  out  of  the  appropriation  for  general  expenses  of  the 
department.  Approved  May  26,  1937. 


C/iap.366 


An  Act  relative  to  the  filling  of  vacancies  in  the 

SCHOOL   committee    OF   THE    CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  three  hundred  and 
forty-nine  of  the  acts  of  nineteen  hundred  and  five  is  hereby 
amended  by  striking  out  the  last  sentence  and  inserting 
in  place  thereof  the  following :  —  If  a  vacancy  occurs  in 
the  school  committee  by  failure  to  elect,  or  otherwise,  the 
mayor,  the  president  of  the  city  council  and  the  remaining 
members  of  the  school  committee  shall  meet  in  joint  con- 
vention and  choose  a  suitable  person  to  fill  the  vacancy 
until  the  first  Monday  in  January  following  the  next  regular 
biennial  municipal  election;  and  if  there  would  be  a  vacancy 
on  said  first  Monday  it  shall  be  filled  at  such  regular  biennial 
municipal  election  for  the  balance  of  the  unexpired  term. 
A  person  so  chosen  in  joint  convention  shall  not  be  eligible 
for  election  to  the  office  of  member  of  the  school  committee 
at  the  regular  biennial  municipal  election  next  following  his 
being  so  chosen. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  21,  1937. 

An  Act  prohibiting  discrimination  against  certain  per-  nhn^  QA7 

SONS    IN   EMPLOYMENT   ON   ACCOUNT   OF   THEIR   AGE.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one   of  chapter  one  hundred   ^^d  «•  l.  (Jer. 
forty-nine  of  the  General  Laws,  as  amended  by  chapter  §  i',  etc.. ' 
seventy-eight  of  the  acts  of  nineteen  hundred  and  thirty-  ^n^ended. 
six,  is  hereby  further  amended  by  inserting  after  the  word 
"industries"  in  the  twentieth  line  the  following  new  para- 
graph :  — 

"Discrimination",  dismissal  from  employment  of,  or  re-  "Diacrimi- 
fusal  to  employ,  any  person  between  the  ages  of  forty-five  gngd" '  ^^ 
and  sixty-five  because  of  his  age. 

Section  2.     Said  chapter  one  hundred  and  forty-nine  is  g.  l.  (Ter. 
hereby  further  amended  by  inserting  after  section  twenty-  ne't^secUons 
four,  under  the  caption  discrimination  against  certain  ^i4~?'*'^' 
persons  in  employment  on  account  of  age,  the  ten  fol-  * 
lowing  new  sections:  — 

Section  24A.  It  is  hereby  declared  to  be  against  public  Discrimina- 
policy  to  dismiss  from  employment  any  person  between  the  of°age'pro^°"" 

hibited. 


418 


Acts,  1937.  —  Chap.  367. 


Contract  dis- 
criminating 
in  respect  to 
age  illegal. 


Department 
to  investigate 
complaints. 


Employers  to 
keep  records. 


Penalty  for 
interfering 
with  inspector. 


General 
penalty. 


Hearing. 


ages  of  forty-five  and  sixty-five,  or  to  refuse  to  employ  him, 
because  of  liis  age. 

Section  2I^B.  Any  provision  in  any  contract,  agreement 
or  understanding  entered  into  on  or  after  October  first,  nine- 
teen h\mdred  and  thirty-seven,  which  shall  prevent  or  tend 
to  prevent  the  employment  of  any  person  between  the  ages 
of  forty-five  and  sixty-fiv^e  because  of  his  age  shall  be  null 
and  void. 

Section  2.!fC.  The  department  shall  investigate  all  com- 
plaints of  discrimination,  and  for  that  purpose  the  com- 
missioner or  his  authorized  representative  shall  have  full 
power  and  authority  (1)  to  investigate  and  ascertain  the 
age  of  each  person  emploj^ed  within  the  commonwealth  and 
(2)  to  enter  any  place  of  business  or  emplo3^ment  within  the 
commonwealth  for  the  purpose  of  examination  and  making 
a  transcript  of  records  in  any  way  appertaining  to  or  having 
a  bearing  upon  the  question  of  the  age  of  any  person  so 
employed. 

Section  S4D.  Every  person  shall  keep  true  and  accurate 
records  of  the  ages  of  all  persons  employed  by  him,  as  far 
as  practicable  to  do  so,  and  shall  upon  demand  furnish  to 
the  commissioner  or  his  authorized  representative  a  true 
copy  of  any  such  record,  verified  upon  oath.  Such  records 
shall  be  open  to  investigation  by  the  commissioner  or  his 
authorized  representative  at  any  reasonable  time.  Whoever 
violates  any  provision  of  this  section  shall  be  punished  by 
a  fine  of  not  less  than  twenty-five  nor  more  than  one  hun- 
dred dollars,  and  each  day  of  faiku-e  to  keep  such  records 
or  to  furnish  such  copies  thereof,  upon  demand,  to  the  com- 
missioner or  his  authorized  representative  shall  constitute  a 
separate  offence. 

Section  2Ji-E.  Whoever  hinders  or  delays  an  inspector  of 
the  department,  or  a  duly  authorized  representative  of  the 
commissioner,  in  the  performance  of  his  duties  in  the  in- 
vestigation of  a  complaint  under  any  provision  of  sections 
twenty-four  A  to  twenty-four  J,  inclusive,  or  who  refuses  to 
admit  any  such  inspector  or  representative  to  any  place 
necessary  for  him  to  enter  in  the  performance  of  such  duty, 
or  whoever  refuses  to  give  such  inspector  or  representative 
such  information  that  he  may  require  for  the  proper  enforce- 
ment of  any  provision  of  said  sections,  shall  be  punished  by 
a  fine  of  not  less  than  twenty-five  nor  more  than  two  hun- 
dred dollars. 

Section  2Ji.F.  Whoever,  personally  or  by  his  agent,  shall 
discharge  an  employee  for  the  reason  that  such  employee 
has  furnished  evidence  in  connection  with  a  complaint  under 
any  provision  of  said  sections  twenty-four  A  to  twenty-four 
J,  inclusive,  or  that  such  employee  has  testified  in  a  judicial 
proceeding  under  any  such  provision,  shall  be  punished  by  a 
fine  of  not  less  than  fifty  nor  more  than  two  hundred  dollars. 

Section  24G.  If  the  commissioner  or  any  of  his  authorized 
representatives  has  reason  to  believe  that  any  employer  has 


Acts,  1937.  —  Chap.  368.  419 

dismissed  from  employment  or  has  refused  to  employ  any 
person  between  the  ages  of  forty-five  and  sixty-five  because 
of  his  age,  the  commissioner  may,  on  ten  days'  notice,  sum- 
mon such  employer  to  appear  before  him  to  show  cause 
why  the  name  of  such  employer  should  not  be  published  as 
having  failed  to  observe  the  provisions  of  sections  twenty- 
four  A  to  twenty-four  J,  inclusive.  After  such  hearing  and 
the  finding  b}'  the  commissioner  of  non-observance  of  the 
provisions  of  said  sections,  the  commissioner  may  cause  to 
be  published  in  a  newspaper  or  newspapers  circulating 
within  this  commonwealth  or  in  such  other  manner  as  such 
commissioner  may  deem  appropriate,  the  name  of  such  em- 
ployer as  having  failed  to  observe  the  provisions  of  said 
sections.  Neither  the  commissioner  nor  any  of  his  author- 
ized representatives,  nor  any  newspaper  publisher,  proprie- 
tor, editor,  nor  employee  thereof  shall  be  liable  to  an  action 
for  damages  for  publishing  the  name  of  any  employer  as 
provided  for  in  this  section,  unless  guilty  of  some  wilful 
misrepresentation. 

Section  24H.  Any  person  aggrieved  by  any  decision  of  Appeal, 
the  commissioner  under  any  provision  of  sections  twenty- 
four  A  to  twenty-four  G,  inclusive,  may  appeal  to  the  su- 
perior court,  for  a  review  thereof  within  thirty  days  after 
the  recommendation  of  such  decision.  Sections  sixteen  to 
twenty,  inclusive,  of  chapter  one  hundred  and  fifty-one 
shall  apply  to  and  govern  any  such  appeal. 

Section  21^.1.     Sections  twenty-four  A  to  twenty-four  H,  Application 
inclusive,  shall  not  apply  to  persons  employed  in  private  sections'." 
domestic  service  or  service  as  a  farm  laborer. 

Section  2J^J .  If  any  part  or  subdivision  of  any  of  sections  invalidity  of 
twenty-four  A  to  twenty-four  I,  inclusive,  or  the  applica-  tiOTs.'Iffect  of. 
tion  thereof,  shall  be  held  invalid,  unconstitutional  or  in- 
operative as  to  any  particular  person,  condition  or  circum- 
stance, the  remainder  thereof,  or  the  application  of  any 
such  part  or  subdivision  to  any  other  person,  condition  or 
circumstance,  shall  not  be  affected  thereby. 

Approved  May  27,  1937. 


An  Act  authorizing  the   city   of   boston  to   pension 
daniel  j.  mcdonald. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public 
good,  the  city  of  Boston  may  retire  Daniel  J.  McDonald, 
who  has  served  the  city  faithfully  in  its  police  department 
since  the  year  nineteen  hundred  and  nineteen  and  is  now 
permanently  disabled  for  further  performance  of  duty  by 
reason  of  injuries  received  in  the  year  nineteen  hundred  and 
thirty-three  in  the  performance  of  duty,  on  an  annual  pen- 
sion, payable  monthly,  equal  to  the  salary  received  by  him 
during  the  last  year  of  his  active  service. 


Chap.SQS 


420  Acts,  1937. —Chaps.  369,  370. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  council 
of  said  city,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  May  27,  1937. 


Chap. 369  An  Act  relative  to  the  distribution  of  receipts  from 

THE  INCOME  TAX  TO  THE  TOWN  OF  SAVOY. 

Eme^ency  Whereas,  The  deferred  operation  of  this  act  would  in  part 

defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  the  distribution  of  the  proceeds  of  income 
taxes  under  section  eighteen  of  chapter  fifty-eight  of  the 
General  Laws,  as  amended,  there  shall  be  distributed  each 
year  to  the  town  of  Savoy,  in  addition  to  its  normal  share, 
the  sum  of  two  thousand  dollars  to  be  applied  by  the  as- 
sessors in  reduction  of  the  local  tax  for  the  amounts  required 
for  state  and  count}'^  taxes  and  charges  and  the  appropriation 
voted  for  teachers'  salaries. 

Section  2.  The  distribution  provided  by  section  one  of 
this  act  shall  be  made  in  the  current  year  and  thereafter. 

Approved  May  28,  1937. 

Chap. 370  An  Act  providing  for  payment  of  workmen's  compen- 
sation IN  CERTAIN  cases  OF  SUN  STROKE,  FROST  BITE, 
ASSAULT   AND    SUICIDE. 

Eme^ency  .  Whcreas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

EdVilr'  Section  1.     Section  twenty-six  of  chapter  one  hundred 

§  26.' amended,  and  fifty-two  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  adding  at  the  end 
Ln^n'^c^fsM      ^^^  following :  —  ,  and  if  an  employee  while  acting  in  the 
of  sun  stroke,     course  of  his  employment  receives  injury  resulting  from  frost 
bite  or  sun  stroke,  without  having  voluntarily  assumed  in- 
creased peril  not  contemplated  by  his  contract  of  employ- 
ment, or  is  injured  by  reason  of  the  physical  activities  of 
fellow  employees  in  which  he  does  not  participate,  whether 
or  not  such  activities  are  associated  with  the  employment, 
such  injury  shall  be  conclusively  presumed  to  have  arisen 
out  of  the  employment. 
Ed^i52'^"  Section  2.     Said  chapter  one  hundred  and  fifty-two  is 

new  section  hereby  further  amended  by  inserting  after  section  twenty- 
six  the  following  new  section :  —  Section  26 A .     Dependents 


etc. 


26A,  added. 

Suicide,  whei 
not  a  defenc< 

compaSI^''^     shall  the  insurance  company  be  relieved  from  making  pay- 


not"  def^nc^    shall  uot  be  precluded  from  recovery  under  this  chapter,  nor 


CQmpajiie9b 


Acts,  1937. —Chaps.  371,  372.  421 

ment  to  the  commonwealth  under  section  sixty-five,  for  death 
by  suicide  of  the  employee,  if  it  be  shown  by  the  weight  of 
the  evidence  that,  due  to  the  injury,  the  employee  was  of 
such  unsoundness  of  mind  as  to  make  him  irresponsible  for 
his  act  of  suicide.  Approved  May  28,  1937. 


An  Act  eemoving  certain  restrictions  as  to  the  pay-  (Jjidjj  371 

MENT   OF  DIVIDENDS   IN   LIQUIDATION   OF   CERTAIN    CLOSED  ^' 

BANKS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  p^'^'^'^'^'e- 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-two  of  the  acts  of  nine- 
teen hundred  and  thirty-two  is  hereby  amended  by  striking 
out  section  one  and  inserting  in  place  thereof  the  following :  — 
Section  1.  The  commissioner  of  banks,  hereinafter  called 
the  commissioner,  is  hereby  authorized  to  pay  to  creditors 
entitled  thereto,  from  time  to  time,  out  of  the  proceeds  of 
loans  made  as  provided  in  section  two,  dividends  in  the 
liquidation  of  any  bank,  trust  company  or  other  corporation, 
the  property  and  business  of  which  is  in  his  possession  under 
sections  twenty-two  to  thirty-six,  inclusive,  of  chapter  one 
hundred  and  sixty-seven  of  the  General  Laws,  hereinafter 
referred  to  as  such  bank.  Such  dividends  may  be  paid  at 
such  time  or  times  as  the  supreme  judicial  court  for  the 
county  of  Suffolk  or  for  the  county  in  which  such  bank  has 
its  principal  office  may  authorize  or  direct. 

Approved JIay'28,  1937. 

An  Act  relative  to  hunting  on  and  other  uses  of  the  Chap. 372 

PROVINCE  lands  AT  PROVINCETOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  fourteen  of  chapter  g.  l.  (Ter. 
one  hundred  and  thirty-one  of  the  General  Laws,  as  most  ftu/etc.. 
recently  amended  by  section  two  of  chapter  eighty-nine  of  amended, 
the  acts  of  the  current  year,  is  hereby  further  amended  by 
adding  at  the  end  the  words :  —  ,  or  to  the  province  lands  at 
Provincetown  under  the  supervision  of  the  department  of 
public  works  except  with  respect  to  deer,  —  so  that  the  last 
paragraph  will  read  as  follows :  — 

This  section  shall  not  apply  to  state  forests  acquired  under  Hunting  on 
section  thirty  or  thirty-three  of  chapter  one  hundred  and  fegu'iat'ed!'^* 
thirty-two  or  any  other  provision  of  law,  or  to  state  parks  and 
reservations  under  the  control  of  the  division  of  parks  of  the 
department,  or  to  the  province  lands  at  Provincetown  under 
the  supervision  of  the  department  of  public  works  except 
with  respect  to  deer. 


422 


Acts,  1937. —Chap.  373. 


G.  L.  (Ter. 
Ed.).  91,  §  27, 
amended. 


Rules. 


Section  2.  Section  twenty-seven  of  chapter  ninety-one 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  adding  at  the  end  thereof  the 
following  new  paragraph :  — 

The  department  may  make  rules  and  regulations  relative 
to  hunting  on  or  other  uses  of  the  province  lands;  provided, 
that  such  rules  and  regulations  shall  be  consistent  with  all 
laws  in  relation  to  the  protection  of  birds  and  mammals. 
No  such  regulation  shall  prohibit  hunting  within  said  lands 
except  the  hunting  of  deer.  Whoever  violates  any  provision 
of  any  such  rule  or  regulation  shall  be  punished  by  a  fine 
of  not  more  than  twenty-five  dollars. 

Approved  May  28,  1937. 


Chap.S7S  An  Act  providing  for  the  keeping  of  a  register  of 

PERSONS    EMPLOYED    IN    STATE    PRINTING    AND    BINDING. 


G.  L.  (Ter. 
Ed.),  5,  §  1, 
etc.,  amended. 


State  print- 
ing, register 
of  persons 
employed  in. 


Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  five  of  the  General  Laws,  as  amended 
by  chapter  two  hundred  and  fifty-four  of  the  acts  of  nineteen 
hundred  and  thirty-two,  is  hereby  further  amended  by  add- 
ing at  the  end  the  following  two  new  paragraphs:  — 

Every  contractor  or  sub-contractor  engaged  in  any  work 
to  which  this  section  applies  shall  keep  a  true  and  accurate 
register  of  all  printers  and  binders  employed  thereon,  show- 
ing the  name,  address  and  occupational  classification  of  each 
employee  on  said  work,  and  the  hours  worked  by,  and  the 
wages  paid  to,  each  such  employee,  and  shall  furnish  to  the 
commission  upon  its  request  a  true  statement  of  the  contents 
of  such  register.  Such  records  shall  be  kept  in  such  manner 
as  the  commission  shall  prescribe,  and  shall  be  open  to  in- 
spection by  any  authorized  representative  of  the  commis- 
sion or  of  the  department  of  labor  and  industries  at  any 
reasonable  time  and  as  often  as  may  be  necessary. 

Whoever,  either  himself  or  as  an  agent,  superintendent  or 
foreman  for  another,  violates  any  provision  of  this  section 
shall  be  punished  for  a  first  offence  bj^  a  fine  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  and,  for 
a  subsequent  offence,  by  a  fine  of  not  less  than  fift}^  nor 
more  than  two  hundred  dollars.  Whoever  shall  have  been 
convicted  of  a  violation  of  any  of  said  provisions  may  be 
barred  by  the  commission  from  contracting,  directly  or 
indirectly,  with  the  commonwealth  for  printing  and  binding 
work,  or  from  performing  any  work  on  the  same  as  sub- 
contractor. Approved  May  28,  1937. 


Acts,  1937.  —  Chap.  374.  423 


An  Act  providing  for  co-operation  with  the  federal  QJ^qj)  374 
government  in  carrying  out  the  provisions  of  the 
soil  conservation  and  domestic  allotment  act  and 
designating  the  massachusetts  state  college  as  the 
agency  of  the  commonwealth  to  carry  out  certain 
purposes  specified  in  said  act. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Massachusetts  state  college,  hereinafter 
called  the  college,  is  hereby  designated,  subject  to  the  ap- 
proval of  the  secretary  of  agriculture  of  the  United  States, 
as  the  agency  of  the  commonwealth  to  carry  out  certain 
purposes  of  the  act  of  congress  known  as  the  Soil  Conser- 
vation and  Domestic  Allotment  Act,  hereinafter  called  the 
Federal  Act,  and  to  administer  any  state  plan  or  plans 
authorized  by  this  act  which  shall  be  approved  for  this  com- 
monwealth by  said  secretary  pursuant  to  the  provisions  of 
said  federal  act.  In  carrying  out  any  provisions  of  this  act 
the  college  shall  act  through  the  board  of  trustees  referred 
to  in  section  twenty  of  chapter  fifteen  of  the  General  Laws, 
unless  otherwise  specifically  provided  in  this  act. 

Section  2.  The  college  is  hereby  authorized,  empowered 
and  directed  to  formulate  and  to  submit  to  said  secretary, 
in  conformity  with  the  provisions  of  said  federal  act,  a  state 
agricultural  plan  or  plans  for  each  calendar  year  begin- 
ning with  the  year  nineteen  hundred  and  thirty-eight.  The 
college  shall  also  appoint  a  committee  of  five,  to  be  called  the 
state  committee,  a  majority  of  the  members  of  which  shall 
be  farmers.  The  commissioner  of  agriculture  shall  be  a  mem- 
ber, ex  officio,  of  said  committee.  The  college  shall  adminis- 
ter said  plan  or  plans  with  the  advice  of  said  committee. 

It  shall  be  the  purpose  of  every  such  plan  to  promote  such 
utihzation  of  land  and  such  farming  practices  as  the  college 
shall  find  will  tend,  in  conjunction  with  the  operation  of  such 
other  plans  as  may  be  approved  by  such  other  states  and  by 
said  secretary,  to  (1)  preserve  and  improve  soil  fertifity; 
(2)  promote  the  economic  use  and  conservation  of  land;  (3) 
diminish  the  exploitation  and  wasteful  and  unscientific  use 
of  soil  resources;  and  (4)  re-establish  and  maintain  the  ratio 
between  the  purchasing  power  of  the  net  income  per  person 
on  farms  and  of  the  net  income  per  person  not  on  farms,  as 
more  particularly  set  forth  in  section  seven  (a)  of  said  federal 
act. 

Every  such  plan  shall  provide  for  adjustments  in  the  utili- 
zation of  land  and  in  farming  practices,  either  through  agree- 
ments with  producers  or  through  other  voluntary  methods, 
and  for  benefit  payments  in  connection  therewith;  and  also 
for  such  methods  of  administration  as  are  not  in  conflict  with 
any  law  of  this  commonwealth  and  for  such  reports  as  may 
be  necessary  for  the  effective  administration  of  any  such 
plan  and  for  ascertaining  whether  it  is  being  carried  out 
according  to  its  terms. 


424  Acts,  1937.  —  Chap.  375. 

Section  3.  The  commonwealth  hereby  signifies  its  ac- 
ceptance of  the  annual  grants  of  money  made  or  to  be  made 
by  the  federal  government  under  any  provision  of  said  fed- 
eral act,  and  the  college  is  hereby  designated  as  the  agency 
for  the  commonwealth  to  receive  on  behalf  of  the  common- 
wealth of  Massachusetts  such  grants  annually  or  otherwise 
as  determined  by  said  secretary.  The  college,  acting  through 
its  trustees,  is  hereby  authorized  to  use  and  expend  such 
funds  in  accordance  with  the  pertinent  provisions  of  said 
federal  act  and  in  furtherance  of  the  purposes  and  objects 
therein  set  forth. 

Section  4.  In  carrying  out  the  provisions  of  any  such 
plan  the  college,  with  the  advice  of  the  state  committee,  may 
employ  such  agents  or  agencies,  and  may  establish  such 
agencies,  as  it  may  deem  necessary;  may  co-operate  with 
local  and  state  agencies  and  with  agencies  of  other  states  and 
of  the  federal  government;  may  conduct  research  and  educa- 
tional activities  in  connection  with  the  formulation  and 
operation  of  any  such  plan;  and  may  enter  into  agreements 
with  producers,  and  provide  by  other  voluntary  methods, 
for  adjustments  in  the  utiHzation  of  land  and  in  farming 
practices,  and  for  payments  in  connection  therewith  in 
amounts  which  the  college,  with  the  advice  of  the  state 
committee,  determines  to  be  fair  and  reasonable. 

Section  5.  For  the  purpose  of  carrying  out  any  such 
plan,  the  college  may  delegate  any  of  the  powers  herein  con- 
ferred upon  it  to  such  agent  or  agents,  agency  or  agencies, 
as  it,  with  the  approval  of  said  secretary,  may  designate. 

Section  6.  The  college  shall  annually  render  to  the  gov- 
ernor and  to  the  general  court  a  report  of  its  doings  under 
authority  of  this  act,  covering  its  administration  of  each  such 
plan  and  all  operations  thereunder,  including  every  expendi- 
ture of  federal  funds.  Such  report  shall  be  subject  to  section 
six  of  chapter  five  of  the  General  Laws. 

Section  6A.  Nothing  in  this  act  shall  be  construed  to 
impose  any  financial  obligation  upon  the  commonwealth. 

Section  7.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  thirty-eight. 

Approved  May  28,  1937. 


Chav.S75        -^.n  Act  relative  to  treatment  against  rabies. 

Be  it  enacted,  etc.,  as  follows: 

G.  L  (Ter.  Chapter  one  hundred  and  forty  of  the  General  Laws  is 

§  i'45A.  etc.,      hereby  amended  by  striking  out  section  one  hundred  and 
amended.         forty-fivc  A,  as  amended  by  section  nine  of  chapter  three 
hundred  and  twenty  of  the  acts  of  nineteen  hundred  and 
thirty-four,  and  inserting  in  place  thereof  the  following :  — 
Boards  of         SectioTi  115 A.    The  board  of  health  of  a  city  or  town  shall, 

health  to  ^•       ,  •  e  •    ^       e  e       ^  ±.  •  ^       ^ 

furnish  anti-      upou  application,  fumish  free  or   charge  to  any  resident 

rabic  vacnne.     thereof  who  has  been  exposed  to  rabies,  or  may  have  been 

so  exposed,  anti-rabic  vaccine  and  anti-rabic  treatment,  in 


Acts,  1937. —Chap.  376.  425 

accordance  with  rules  and  regulations  which  the  depart- 
ment of  public  health  is  hereby  authorized  to  make.  Except 
in  Boston,  such  person  shall  have  the  right  to  select  his  own 
physician,  who  shall  be  paid  by  the  city  or  town  at  a  rate 
established  as  hereinafter  provided,  and  the  fact  that  a 
physician  is  a  member  of  a  board  of  health  shall  not  dis- 
qualify him  from  being  so  selected  and  from  being  paid  by 
the  city  or  town  for  his  services.  Boards  of  health  shall 
estabHsh  rates  of  compensation  for  such  treatment.  A  city 
or  town  so  furnishing  vaccine  and  treatment  shall  be  reim- 
bursed for  the  cost  thereof,  not  exceeding  fifty  dollars  in 
the  case  of  any  one  person,  from  the  dog  fund  of  the  county 
in  which  is  situated  the  city  or  town  where  the  person 
treated  was  exposed  to  rabies,  except  that  if  such  exposure 
occurred  in  Suffolk  county  such  reimbursement  shall  be 
made  by  the  city  or  town  where  such  person  was  exposed  to 
rabies,  and  except  that  if  such  vaccine  and  treatment  are 
given  by  the  board  of  health  of  a  city  or  town  because  of  a 
bite  by  or  other  exposure  to  rabies  from  a  dog  required  to 
be  licensed  therein,  the  city  or  town  shall  not  be  so  reim- 
bursed, unless  such  dog  is  licensed  at  the  time  of  such  bite 
or  other  exposure.  No  such  reimbursement  shall  include 
any  part  of  the  salary  of  a  salaried  city  or  town  physician. 
The  county  commissioners  of  all  counties  except  Suffolk, 
acting  jointlj^  or  the  county  commissioners  of  each  county, 
except  Suffolk,  shall  contract  for  the  supplying  of  such 
vaccine  to  the  several  cities  and  towns  on  the  order  of  their 
respective  boards  of  health,  and  shall,  from  time  to  time, 
notify  said  boards  of  the  terms  and  conditions  of  contracts 
made  hereunder.  No  city  or  town  shall  be  reimbursed 
hereunder  at  a  price  higher  than  that  fixed  by  contract  as 
aforesaid  for  such  vaccine  purchased  by  it. 

Approved  May  28,  1937, 

An  Act  authorizing  the  town  of  warren  to  borrow  (Jhnr>  376 

MONEY    FOR   TOWN   HALL   BUILDING   PURPOSES.  ^' 

Be  a  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  reconstructing  the  tower 
on  its  town  hall  building  and  of  making  incidental  repairs 
on  said  building,  the  town  of  Warren  may  borrow  from  time 
to  time,  within  a  period  of  five  years  from  the  passage  of 
this  act,  such  sums  as  may  be  necessary  not  exceeding,  in 
the  aggregate,  ten  thousand  dollars,  and  may  issue  bonds 
or  notes  therefor,  which  shall  bear  on  their  face  the  words, 
Warren  Town  Hall  Loan,  Act  of  1937.  Each  authorized 
issue  shall  constitute  a  separate  loan,  and  such  loans  shall 
be  paid  in  not  more  than  ten  years  from  their  dates.  In- 
debtedness incurred  under  this  act  shall  be  within  the  statu- 
tory limit  and  shall,  except  as  provided  herein,  be  subject 
to  the  provisions  of  chapter  forty-four  of  the  General  Laws, 
exclusive  of  the  limitation  contained  in  the  first  paragraph 
of  section  seven  thereof. 


426 


Acts,  1937.  —  Chaps.  377,  378. 


Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  a  majority  of  the  voters  of  the  town  of  Warren  present 
and  voting  thereon  at  any  regular  or  special  town  meeting 
held  within  three  years  after  its  passage. 

Approved  May  28,  1937. 


G.  L.  (Ter. 
Ed.).  90, 
§  33,  etc., 
amended. 


Registration 
fees  of  semi- 
trailer units. 


Chap. S77  An  Act  relative  to  the  fees  for  the  registration  of 

SEMI-TRAILER   UNITS. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-three  of  chapter  ninety  of  the  General  Laws, 
as  amended,  is  hereby  further  amended  by  striking  out  sub- 
divisions (2)  and  (3),  as  amended  by  section  one  of  chapter 
three  hundred  and  eighty  of  the  acts  of  nineteen  hundred 
and  thirty-six,  and  inserting  in  place  thereof  the  follow- 
ing:—(2)  For  the  registration  of  every  non-gasoline  driven 
tractor  which  is  a  part  of  a  semi-trailer  unit  used  for  the 
transportation  of  goods,  wares  or  merchandise,  fifty  cents  for 
every  hundred  pounds  of  the  weight  of  the  tractor  and  of 
the  weight  of  the  heaviest  semi-trailer  with  which  such 
tractor  is  combined  and  operated,  plus  the  maximum  carry- 
ing capacity  of  such  semi-trailer,  and  for  the  registration  of 
every  gasoline  driven  tractor  which  is  a  part  of  a  semi- 
trailer unit  so  used,  fifteen  cents  for  every  hundred  pounds 
of  the  weight  of  such  tractor  and  of  the  weight  of  the 
heaviest  semi-trailer  with  which  such  tractor  is  combined 
and  operated,  plus  the  maximum  carrying  capacity  of  such 
semi-trailer,  but  in  no  event  less  than  forty  dollars  in  the 
case  of  a  non-gasoline  driven  tractor  which  is  a  part  of  a 
semi-trailer  unit  so  used  or  twelve  dollars  if  gasoline  driven. 
(3)  For  the  registration  of  every  semi-trailer  drawn  by  a 
tractor  registered  under  subdivision  (2),  five  dollars. 

Approved  May  28,  1937. 


Chap. ^7 8  -An  Act  establishing  the  salaries  of  the  justice  and 

THE    CLERK    OF   THE    DISTRICT    COURT    OF    EASTERN    HAMP- 
SHIRE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seventy-six  of  chapter  two  hundred 
and  eighteen  of  the  General  Laws,  as  most  recently  amended 
by  section  one  of  chapter  three  hundred  and  sixty-six  of  the 
acts  of  nineteen  hundred  and  thirty-five,  is  hereby  further 
amended  by  adding  at  the  end  the  following :  —  ;  district 
court  of  eastern  Hampshire,  twenty-one  hundred  dollars,  — 
so  as  to  read  as  follows :  —  Section  76.  The  salary  of  the 
justice  of  the  Boston  juvenile  court  shall  be  five  thousand 
dollars,  and  that  of  the  clerk  of  said  court  an  amount  equal 
to  seventy-five  per  cent  of  the  salary  of  the  justice.  The 
salary  of  the  justice  of  the  municipal  court  of  the  Charles- 
town  district  shall  be  forty-five  hundred  dollars.    The  salary 


G.  L.  (Ter. 
Ed.),  218, 
§  76,  etc., 
amended. 


Salaries  of 
justices  in 
certain  dis- 
trict courts. 


Acts,  1937.  —  Chap.  379.  427 

of  the  justice  of  the  municipal  court  of  the  South  Boston 
district  shall  be  forty-five  hundred  dollars.  The  salaries  of 
the  justices  of  the  following  district  courts  shall  severally 
be  as  follows:  First  district  court  of  Barnstable,  twenty- 
seven  hundred  dollars;  second  district  court  of  Essex, 
twenty-four  hundred  dollars;  second  district  court  of  Plym- 
outh, thirty-two  hundred  dollars;  third  district  court  of 
Plymouth,  twenty-five  hundred  dollars;  fourth  district 
court  of  Plymouth,  twenty-five  hundred  dollars;  district 
court  of  Peabody,  three  thousand  dollars;  district  court  of 
eastern  Hampshire,  twenty-one  hundred  dollars. 

Section  2.     Section  eighty  of  said  chapter  two  hundred  EdViis'^' 
and  eighteen,  as  most  recently  amended  by  section  one  of  §80,' etc.,' 
chapter  two  hundred  and  twenty-nine  of  the  acts  of  nineteen  '*^'"®'^'^^'^- 
hundred  and  thirty-six,  is  hereby  further  amended  by  insert- 
ing after  the  word  "Peabody"  in  the  fourteenth  line  the 
following :  —  ,  the  district  court  of  eastern  Hampshire,  — 
so  as  to  read  as  follows :  —  Section  80.     The  salary  of  the  salaries  of 
clerk  of  the  municipal  court  of  the  Charlestown  district  shall  aili^unts'! 
be  equal  to  seventy-five  per  cent  of  the  salary  established  for 
the  justice  of  said  court,  and  the  salary  of  the  first  assistant 
clerk  shall  be  equal  to  seventy-five  per  cent,  and  the  salary 
of  the  second  assistant  clerk  shall  be  equal  to  sixty-six  and 
two  thirds  per  cent,  of  the  salary  of  said  clerk.    The  salary 
of  the  clerk  of  the  municipal  court  of  the  South  Boston  dis- 
trict shall  be  equal  to  seventy-five  per  cent  of  the  salary 
established  for  the  justice  of  said  court,  and  the  salary  of  the 
assistant  clerk  shall  be  equal  to  seventy-five  per  cent  of  the 
salary  of  said  clerk.     The  salaries  of  the  clerks  of  the  first 
district  court  of  Barnstable,  the  second  district  court  of 
Essex,  the  district  court  of  Peabody,  the  district  court  of 
eastern  Hampshire  and  the  second,  third  and  fourth  district 
courts  of  Plymouth  shall  be  equal  to  seventy-five  per  cent 
of  the  salaries  estabhshed  for  the  justices  of  their  respective 
courts.  Approved  May  28,  1937. 


An  Act  establishing  the  salaries  of  the  chairman  and  Chav  379 

CERTAIN  OTHER  MEMBERS  OF  THE  BOARD  OF  REGISTRATION 
IN   MEDICINE. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  eleven  of  chapter  thirteen  of  the  General  Laws,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenarj^  Edition,  is  hereby  amended  fi^end^,^  ^^' 
by  inserting  after  the  word  "dollars"  in  the  tenth  line  the 
words :  —  ,  to  the  chairman  of  the  board  a  salary  of  eight 
hundred  dollars,  —  and  also  by  striking  out,  in  the  same  line, 
the  word  "three"  and  inserting  in  place  thereof  the  word: 
—  six,  —  so  as  to  read  as  follows:  —  Section  11.     Said  board  Meetings, 
shall  hold  regular  meetings  on  the  second  Tuesdays  of  March,  members,  etc. 
July  and  November  in  each  year,  and  additional  meetings 
at  such  times  and  places  as  it  may  determine.    At  the  regu- 
lar meeting  in  Julj^,  it  shall  organize  by  the  choice  of  a  chair- 


428  Acts,  1937. —Chaps.  380,  381. 

man  and  secretary,  who  shall  hold  their  offices  for  one  year. 
The  secretary  shall  give  bond  to  the  state  treasurer  in  the 
sum  of  five  thousand  dollars,  with  sufficient  sureties  to  be 
approved  by  the  governor  and  council,  for  the  faithful  per- 
formance of  his  official  duties.  There  shall  be  paid  by  the 
commonwealth  to  the  secretary  of  the  board  a  salary  of 
twenty-five  hundred  dollars,  to  the  chairman  of  the  board  a 
salary  of  eight  hundred  dollars,  to  each  of  the  other  members 
thereof  a  salary  of  six  hundred  dollars,  and  to  each  member 
thereof  his  necessary  traveling  expenses  actually  incurred 
in  attending  the  meetings  of  the  board. 

Approved  May  28,  1937. 

C hap. SSO  ^  Act  relieving  the  cities  of  lynn  and  revere  and 

THE  TOWN  OF  SAUGUS  FROM  THE  OBLIGATION  OF  PAYING 
THE  COMPENSATION  OF  THE  DRAW  TENDERS  EMPLOYED  AT 
THE  GENERAL  CLARENCE  R.  EDWARDS  BRIDGE,  AND  RE- 
LIEVING THE  MUNICIPALITIES  OF  THE  METROPOLITAN 
PARKS  DISTRICT  OF  THE  COST  OF  MAINTENANCE  OF  SAID 
BRIDGE   AND    ITS   APPROACH. 

Be  it  enacted,  etc.,  as  follows: 

Section  four  of  chapter  two  hundred  and  forty-one  of  the 
acts  of  nineteen  hundred  and  thirty-two  is  hereby  amended 
by  striking  out  all  after  the  word  "commission"  in  the  fifth 
fine,  —  so  as  to  read  as  follows:  —  Section  4-  When  the 
work  herein  authorized  shall  have  been  completed,  said 
bridge  and  the  approach  at  the  southerly  end  thereof  con- 
necting with  the  metropolitan  parkway  shall  be  transferred 
to  the  control  of  the  metropolitan  district  commission. 

Approved  May  28,  1937. 

Chav.381  An  Act  exempting  from  certain  laws  regulating  the 

USE  OF  the  highways  BY  MOTOR  VEHICLES  FOR  TRANS- 
PORTING PROPERTY  IN  THE  COMMONWEALTH  AND  TO  THE 
SUPERVISION  AND  CONTROL  OF  SUCH  MOTOR  VEHICLES  AND 
SUCH  TRANSPORTATION  CERTAIN  MOTOR  VEHICLES  OWNED 
BY  THE  COMMONWEALTH  AND  ITS  POLITICAL  SUBDIVISIONS. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'  159B  Chapter  one  hundred  and  fifty-nine  B  of  the  General  Laws 

§  lb,'  etc.,  '       is  hereby  amended  by  striking  out  section  ten,  as  amended 
amended.  ^^  sectiou  five  of  chapter  three  hundred  and  forty-five  of  the 

acts  of  nineteen  hundred  and  thirty-six,  and  inserting  in 
Exemptions,  placc  thereof  the  following:  —  Section  10.  There  shall  be 
exempted  from  the  provisions  of  this  chapter,  other  than  the 
provisions  of  section  nine,  (1)  motor  vehicles  while  engaged 
exclusively  in  work  for  any  branch  of  the  government  of  the 
United  States,  and  motor  vehicles  owned  by  the  common- 
wealth or  any  department,  board  or  commission  thereof  or 
any  county,  city,  town  or  district  thereof,  and  (2)  motor 
vehicles  while  engaged  exclusively  in  the  defivery  of  the 


Acts,  1937. —Chaps.  382,  383.  429 

United  States  mail;  and  there  shall  be  exempted  from  the 
provisions  of  said  section  nine  motor  vehicles  while  engaged 
exclusively  in  work  for  any  branch  of  the  government  of  the 
United  States,  including  the  delivery  of  the  United  States 
mail,  to  such  extent,  if  any,  as  may  be  required  under  the 
constitution  and  laws  of  the  United  States. 

Approved  May  28,  1937. 


C/iap.382 


An  Act  relative  to  the  time  at  which  compensation 

SHALL    begin    TO    BE    PAID    UNDER    THE    WORKMEN'S    COM- 
PENSATION  LAW, 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  twenty-nine,   as  f29.'et^c^,' 
amended  by  chapter  three  hundred  and  seventy-two  of  the  amended, 
acts  of  nineteen  hundred  and  thirty-five,  and  inserting  in 
place  thereof  the  following :  —  Section  29.     No  compensa-  waiting 
tion  shall  be  paid  for  any  injury  which  does  not  incapacitate  comptn"atfon 
the  employee  from  earning  full  wages  for  a  period  of  at  least  ^^.w. 
seven  days.    If  incapacity  extends  for  a  period  of  two  weeks 
or  more,  compensation  shall  be  paid  from  the  day  of  injury, 
otherwise  from  the  eighth  day  thereafter;    provided,  that, 
except  under  section  thirty-five,  no  compensation  shall  be 
paid  for  any  period  for  which  any  wages  were  earned.    When 
compensation  shall  have  begun  it  shall  not  be  discontinued 
except  with  the  written  assent  of  the  employee,  or  with  the 
approval  of  the  department  or  a  member  thereof,  granted 
only  after  an  impartial  examination  or  after  a  personal  inter- 
view with  the  employee  by  a  member  or  employee  of  the 
department  or  after  failure  of  the  employee  to  report  for  or 
submit  to  such  examination  or  interview  after  reasonable 
notice  by  the  department;    provided,  that  such  compensa- 
tion shall  be  paid  in  accordance  with  section  thirty-five  if 
the  employee  in  fact  earns  wages  after  the  original  agreement 
or  decision  is  filed.  Approved  May  28,  1937. 

An  Act  relative  to  the  taxation  of  domestic  manu-  Phn^  qqq 

FACTURING  CORPORATIONS   AND    FOREIGN    MANUFACTURING  ^' 

CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  sixty-three  of  the  General  Laws  is  o.  l.  (Ter. 
hereby  amended  by  striking  out  section  thirty-eight  C,  as  amended.^  ^^^' 
appearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following :  —  Section  38C.    Every  corporation  or-  Taxation  of 
ganized  under  or  subject  to  chapter  one  hundred  and  fifty-  u°a"cturinr'^°' 
six  which  is  engaged  in  manufacturing  shall,  for  the  purposes  corporations. 
of  this  chapter,  be  deemed  to  be  a  domestic  manufacturing 
corporation.     Every   domestic   manufacturing   corporation 
shall  be  taxed  in  the  same  manner  and  shall  have  the  same 
duties  under  this  chapter  as  a  domestic  business  corporation, 


430 


Acts,  1937. —Chap.  384. 


G.  L.  (Ter. 
Ed.),  63,  §42B, 
amended. 

Taxation 
of  foreign 
manufacturing 
corporations. 


Application 
of  act. 


except  in  so  far  as  the  determination  of  the  excise  under  this 
chapter  may  be  affected  by  reason  of  the  exemption  from 
local  taxation  of  the  machinery  of  a  domestic  manufacturing 
corporation.  All  provisions  of  this  chapter  relative  to  the 
assessment,  collection,  payment,  abatement,  verification  and 
administration  of  taxes,  including  penalties,  appHcable  to 
domestic  business  corporations  shall,  so  far  as  pertinent,  be 
applicable  to  taxes  upon  domestic  manufacturing  corpora- 
tions. 

Section  2.  Said  chapter  sixty-three  is  hereby  further 
amended  by  striking  out  section  forty-two  B,  as  so  appearing, 
and  inserting  in  place  thereof  the  following :  —  Section  4^B. 
Every  corporation,  association  or  organization  established, 
organized  or  chartered  under  laws  other  than  those  of  the 
commonwealth,  which  has  a  usual  place  of  business  in  the 
commonwealth  and  is  engaged  in  manufacturing  therein, 
shall,  for  the  purposes  of  this  chapter,  be  deemed  a  foreign 
manufacturing  corporation.  Every  foreign  manufacturing 
corporation  shall  be  taxed  in  the  same  manner  and  shall  have 
the  same  duties  under  this  chapter  as  other  foreign  corpora- 
tions, except  in  so  far  as  the  determination  of  the  excise  under 
this  chapter  may  be  affected  by  reason  of  the  exemption 
from  local  taxation  of  the  machinery  of  a  foreign  manufactur- 
ing corporation.  All  provisions  of  this  chapter  relative  to 
the  assessment,  collection,  payment,  abatement,  verification 
and  administration  of  taxes,  including  penalties,  applicable 
to  other  foreign  corporations  shall,  so  far  as  pertinent,  be 
applicable  to  taxes  upon  foreign  manufacturing  corporations. 

Section  3.  This  act  shall  apply  to  taxes  assessed  in  or 
on  account  of  the  year  nineteen  hundred  and  thirty-eight 
and  thereafter.  Approved  May  28,  1937. 


Chap. dS4:  An  Act  eepealing  the  law  providing  for  party  prima- 
ries AND  PRE-PRIMARY  CONVENTIONS  OF  POLITICAL  PAR- 
TIES, AND  REVIVING  AND  CONTINUING  IN  FORCE  CERTAIN 
OTHER    LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  provisions  of  chapter  three  hundred  and 
ten  of  the  acts  of  nineteen  hundred  and  thirty-two,  providing 
for  party  primaries  and  for  pre-primary  conventions,  and 
all  other  laws  relative  to  such  primaries  or  to  such  conven- 
tions, or  to  both,  are  hereby  repealed.  All  provisions  of  law 
which  have  been  struck  out  or  amended  by  said  chapter  three 
hundred  and  ten  or  by  any  other  law  relative  to  such  pri- 
maries or  conventions,  or  both,  are  hereby  revived  as  they 
existed  immediately  prior  to  such  striking  out  or  amend- 
ment, subject,  however,  to  all  subsequent  amendments  not 
relating  to  such  primaries  or  conventions,  all  of  which  subse- 
quent amendments  are  hereby  continued  in  force. 

Section  2.  This  act  shall  take  effect  upon  December 
first  in  the  current  year.  Approved  May  28,  1937. 


Acts,  1937. —Chap.  385.  431 


The  Commonwealth  of  Massachusetts, 
Executive  Department,  Boston,  May  28,  1937. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Commonwealth, 
State  House. 

Sir:  —  I,  Charles  F.  Hurley,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  II,  Emergency  Meas- 
ures" do  declare  that  in  my  opinion,  the  immediate  preser- 
vation of  the  public  peace,  health,  safety  and  convenience 
requires  that  the  law  passed  on  the  twenty-eighth  day  of 
May,  in  the  year  nineteen  hundred  and  thirty-seven,  en- 
titled "An  Act  repealing  the  Law  providing  for  Party  Prima- 
ries and  Pre-Primary  Conventions  of  Political  Parties,  and 
Reviving  and  Continuing  in  Force  Certain  Other  Laws" 
should  take  effect  forthwith,  that  it  is  an  emergency  law,  and 
that  the  facts  constituting  the  emergency  are  as  follows: 

Because  its  delayed  operation  to  the  date  set  forth  in  the 
Act  will  result  in  inconvenience  to  the  public  and  to  State, 
City  and  Town  officials,  acting  on  behalf  of  the  public  who 
in  the  process  of  their  deliberations  on  and  framing  of  their 
annual  budgets  must  be  certain  as  to  the  financial  require- 
ments for  each  budget  item  involving  public  expenditures  for 
governmental  activities. 

Very  truly  yours, 

Charles  F.  Hurley, 

Governor. 

Office  of  the  Secretary,  Boston,  May  28,  1937. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  five  o'clock  and  nineteen 
minutes  p.m.,  on  the  above  date,  and  in  accordance  with 
Article  Forty-eight  of  the  Amendments  to  the  Constitution 
said  chapter  takes  effect  forthwith,  being  chapter  three  hun- 
dred and  eighty-four,  acts  of  nineteen  hundred  and  thirty- 
seven. 

F.  W.  Cook, 
Secretary  of  the  Commonirealth. 

An  Act  providing  for  certain  amendments  in  the  laws  Qfiaj)  335 

REGULATING  THE  OCCUPATION  OF  HAIRDRESSING,  AND 
LIMITING  THE  TIME  WITHIN  WHICH  CERTAIN  ACTIONS 
AGAINST  REGISTERED  HAIRDRESSERS  AND  CERTAIN  OPER- 
ATORS AND   REGISTERED   SHOPS   MAY   BE   COMMENCED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  forty-three  of  chapter  thirteen  of  the  o.  l.  (Ter. 
General  Laws,  inserted  by  section  one  of  chapter  four  hun-  ^ttl'amendtd. 
dred  and  twenty-eight  of  the  acts  of  nineteen  hundred  and 
thirty-five,  is  hereby  amended  by  adding  at  the  end  the 
following :  —  ;   provided,   that   inspectors   or   investigators 


432 


Acts,  1937. —Chap.  385. 


Chairman, 
etc.,  powers 
of  board. 


G.  L.  (Ter. 
Ed.),  112, 
§  87U,  etc., 
amended. 


Students  to 
be  registered. 


G.  L.  (Ter. 
Ed.),  112, 
§  87V,  etc., 
amended. 


Examination 
of  operators, 


appointed  by  the  board  shall  be  registered  hairdressers,  — 
so  as  to  read  as  follows :  —  Section  43-  The  board  shall  hold 
regular  meetings  at  the  state  house  on  the  second  Tuesday 
of  January,  May  and  October  in  each  year,  and  such  addi- 
tional meetings  at  such  times  and  places  as  it  may  deter- 
mine. At  the  regular  meeting  in  January  it  shall  annually 
organize  by  the  choice  of  a  chairman  and  a  secretary  who 
shall  be  members  of  the  board.  Before  entering  upon  the 
discharge  of  the  duties  of  his  office,  the  secretary  shall  give 
to  the  state  treasurer  a  bond,  in  such  amount  and  with  such 
sureties  as  shall  be  approved  by  the  governor  and  council, 
upon  the  recommendation  of  the  board,  conditioned  upon 
the  faithful  discharge  of  his  duties.  Such  bond,  with  the 
approval  of  the  governor  and  council  and  with  the  oath  of 
ofiice  endorsed  thereon,  shall  be  filed  in  the  office  of  the  state 
secretary.  The  board  shall  have  a  common  seal,  and  the 
members  thereof  may  administer  oaths.  The  board  may 
appoint  such  agents  and  employees  as  the  work  of  the  board 
may  require;  provided,  that  inspectors  or  investigators 
appointed  by  the  board  shall  be  registered  hairdressers. 

Section  2.  Section  eighty-seven  U  of  chapter  one  hun- 
dred and  twelve  of  the  General  Laws,  inserted  by  section 
two  of  said  chapter  four  hundred  and  twenty-eight,  is  hereby 
amended  by  striking  out  the  last  sentence  and  inserting  in 
place  thereof  the  following :  —  A  school  or  shop  shall  not 
pay  a  student  for  any  services  rendered  by  him.  The  board 
shall  make  such  reasonable  rules  and  regulations  as  may  be 
necessary  to  insure  a  proper  course  of  training  for  apprentices 
in  shops,  —  so  as  to  read  as  follows:  —  Section  87 U.  All 
students  enrolled  in  registered  schools  and  all  apprentices 
employed  or  studying  in  registered  shops  shall,  within  fifteen 
days  after  entering  upon  their  courses  of  study,  be  registered 
vsdth  the  board  by  such  schools  or  shops.  Students  at  regis- 
tered schools  and  apprentices  at  registered  shops  may,  within 
such  fifteen  day  period,  register  with  the  board.  No  fee 
shall  be  required  for  such  registration.  No  student  or  ap- 
prentice shall  practice  hairdressing  or  manicuring  upon  any 
paying  customer,  except  to  assist  a  registered  hairdresser  or 
operator  who  is  working  on  such  customer.  A  school  or  shop 
shall  not  pay  a  student  for  any  services  rendered  by  him. 
The  board  shall  make  such  reasonable  rules  and  regulations 
as  may  be  necessary  to  insure  a  proper  course  of  training  for 
apprentices  in  shops. 

Section  3.  Section  eighty-seven  V  of  said  chapter  one 
hundred  and  twelve,  as  so  inserted,  is  hereby  amended  by 
adding  at  the  end  the  following :  —  Any  person  making 
application  for  examination  hereunder  may  be  allowed  to 
practice  as  an  operator  until  the  next  examination  by  the 
board,  and  the  board  may  grant,  without  charge,  a  permit 
authorizing  him  to  practice  as  such  operator  until  such  next 
examination,  and  the  board  may  extend  such  permit  until 
a  subsequent  examination  by  the  board,  —  so  as  to  read 
as  follows;  —  Section  87V.    Any  registered  student  who  has 


Acts,  1937.  —  Chap.  385.  433 

completed  a  course  of  at  least  six  months,  including  at  least  fee.regis- 
one  thousand  hours  of  professional  training,  in  a  school  ap- 
proved by  the  board,  and  any  registered  apprentice  who  in 
the  opinion  of  the  board  has  received  the  equivalent  of  such 
a  course,  if  such  registrant  after  application  accompanied  by 
an  examination  fee  of  five  dollars  for  a  first  examination  or 
three  dollars  for  a  second  or  subsequent  examination,  passes 
an  examination  satisfactory  to  the  board,  may  be  registered 
by  the  board  as  an  operator,  and  as  such  may  practice  hair- 
dressing  for  compensation  under  the  supervision  of  a  regis- 
tered hairdresser  during  the  period  of  such  original  registra- 
tion, and  thereafter,  upon  payment  annually  of  a  renewal 
fee  of  two  dollars.  Any  person  making  application  for  ex- 
amination hereunder  may  be  allowed  to  practice  as  an 
operator  until  the  next  examination  by  the  board,  and  the 
board  may  grant,  without  charge,  a  permit  authorizing  him 
to  practice  as  such  operator  until  such  next  examination, 
and  the  board  may  extend  such  permit  until  a  subsequent 
examination  by  the  board. 

Section  4.     Section  eighty-seven  W  of  said  chapter  one  g.  l.  (Ter. 
hundred  and  twelve,  as  so  inserted,  is  hereby  amended  by  f  sVV/etc, 
inserting  after  the  word  "  hairdressing "  in  the  seventh  line  amended. 
the  words :  —  in  a  registered  shop,  —  so  as  to  read  as  fol- 
lows :  —  Section  S7W.     Any  operator  who  has  had  not  less  Registration 
than  sLx  months  practical  experience  as  such,   and   who,  elii^imtlM,"' 
after  application  accompanied  by  an  examination  fee  of  ten  ^^e,  etc. 
dollars  for  a  first  examination  or  five  dollars  for  a  second 
or  subsequent  examination,  passes  a  practical  examination 
satisfactory  to  the  board,  may  be  registered  by  the  board 
as  a  hairdresser,  and  thereafter  may  practice  hairdressing  in 
a  registered  shop  for  compensation  and  may  supervise  op- 
erators, without  additional  payment  for  the  period  during 
which  such   person  was  originally  registered  as  an  opera- 
tor, and  thereafter  upon  payment  annually  of  a  hairdresser's 
renewal  fee  of  two  dollars. 

Section  5.     Section  eighty-seven  Z  of  said  chapter  one  gdV'm'^' 
hundred  and  twelve,  as  so  inserted,  is  hereby  amended  by  §  sVz,  etc., 
striking  out  in  the  second  line  the  words  "hairdresser  or  ''"^e^'ie^- 
any"   and   inserting   in   place   thereof   the   words:  —  hair- 
dresser, operator  or,  —  by  inserting  after  the  word  "hair- 
dressers" in  the  fifth  and  sixth  lines  the  word:  —  ,  operators, 
—  and  by  inserting  after  the  word   "hairdresser"   in  the 
eighth  line  the  words :  —  ,  fifteen  dollars  in  the  case  of  an 
operator,  —  so  as  to  read  as  follows :  —  Section  87 Z.     The  Registration 
board  may  register,  without  examination,  any  hairdresser,  rxan?i^ition. 
operator  or  manicurist  who   has  been  registered   as  such 
under  the  laws  of  another  state  which,  in  the  opinion  of 
the  board,  maintains  a  standard  substantially  equivalent 
to  that  of  this  commonwealth,  and  in  which  hairdressers, 
operators  and  manicurists  registered  in  this  commonwealth 
are  given  like  recognition,  upon  payment  of  a  fee  of  twenty 
dollars,  in  the  case  of  a  hairdresser,  fifteen  dollars  in  the  case 
of  an  operator,  and  five  dollars  in  the  case  of  a  manicurist. 


434 


Acts,  1937.  —  Chap.  385. 


G.  L.  (Ter. 
Ed.),  112. 
§  87BB,  etc., 
amended. 


Registered 
school. 


G.  L.  (Ter. 
Ed.),  112, 
§  87EE,  etc., 
amended. 

Suspension  of 
registration. 


Any  person  who  has  completed  in  another  state,  or  in  a 
school  in  this  commonwealth  supported  by  public  funds,  a 
course  of  professional  training,  substantially  equivalent  to 
that  required  by  section  eighty-seven  V,  and  who,  after 
application  accompanied  by  an  examination  fee  of  five  dol- 
lars for  a  first  examination  or  three  dollars  for  a  second  or 
subsequent  examination,  passes  an  examination  satisfactory 
to  the  board,  may  be  registered  by  the  board  as  an  operator. 

Section  6.  Section  eighty-seven  BB  of  said  chapter  one 
hundred  and  twelve,  as  so  inserted,  is  hereby  amended  by 
adding  at  the  end  the  following :  —  Any  registered  hair- 
dresser who  has  had  not  less  than  three  years  practical 
experience  as  such,  and  who,  after  application  accompanied 
by  an  examination  fee  of  fifteen  dollars  for  a  first  examina- 
tion or  ten  dollars  for  a  second  or  subsequent  examination, 
passes  an  examination  satisfactory  to  the  board,  may  be 
registered  by  the  board  as  an  instructor,  and  thereafter  may 
instruct  in  hairdressing  in  any  registered  school  during  the 
period  of  original  registration,  and  thereafter,  upon  pay- 
ment annually  of  a  renewal  fee  of  two  dollars. 

No  person  not  so  registered  may  instruct  in  hairdressing 
in  any  registered  school  except  as  authorized  by  the  board. 

The  board  may  make  such  reasonable  rules  and  regula- 
tions as  are  necessary  for  the  proper  conduct  of  schools, 
qualifications  of  instructors,  courses  of  study,  and  hours  of 
study,  and  as  to  standards  of  professional  training,  —  so  as 
to  read  as  follows :  —  Section  87 BB.  The  board  may  regis- 
ter any  school  which  it  approves,  upon  payment  of  a  school 
registration  fee  of  fifty  dollars,  and  such  school  may  annu- 
ally be  registered  upon  payment  of  a  renewal  fee  of  twenty- 
five  dollars;  provided,  that  standards  of  professional  training 
satisfactory  to  the  board  are  there  maintained  and  a  suffi- 
cient course  is  there  given.  Any  registered  hairdresser  who 
has  had  not  less  than  three  years  practical  experience  as 
such,  and  who,  after  application  accompanied  by  an  exami- 
nation fee  of  fifteen  dollars  for  a  first  examination  or  ten 
dollars  for  a  second  or  subsequent  examination,  passes  an 
examination  satisfactory  to  the  board,  may  be  registered  by 
the  board  as  an  instructor,  and  thereafter  may  instruct  in 
hairdressing  in  any  registered  school  during  the  period  of 
original  registration,  and  thereafter,  upon  pajanent  annu- 
ally of  a  renewal  fee  of  two  dollars. 

No  person  not  so  registered  may  instruct  in  hairdressing 
in  any  registered  school  except  as  authorized  by  the  board. 

The  board  may  make  such  reasonable  rules  and  regula- 
tions as  are  necessary  for  the  proper  conduct  of  schools, 
qualifications  of  instructors,  courses  of  study,  and  hours  of 
study,  and  as  to  standards  of  professional  training. 

Section  7.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  eighty- 
seven  EE,  as  so  inserted,  and  inserting  in  place  thereof  the 
following:  —  Section  87 EE,  The  board,  under  such  reason- 
able rules  and  regulations  as  it  may  make,  may  for  cause, 


t 


Acts,  1937.  —  Chap.  385.  435 

including  unprofessional  conduct,  fraud,  deceit  or  misrepre- 
sentation in  practice  or  in  advertising,  habitual  drunken- 
ness, gross  incompetence,  or  for  violation  of  any  of  the  provi- 
sions of  sections  eighty-seven  T  to  eighty-seven  J  J,  inclusive, 
or  any  rule  or  regulation  made  thereunder,  suspend  or  cancel 
any  registration  granted  under  said  sections  eighty-seven  T 
to  eighty-seven  J  J,  inclusive;  provided,  that  before  any 
registration  shall  be  so  suspended  or  cancelled  the  registrant 
shall  have  had  notice  in  writing  of  the  charge  or  charges 
against  him  or  it,  and,  at  a  day  specified  in  said  notice, 
which  shall  be  at  least  five  days  after  the  service  of  notice 
thereof,  shall  have  been  given  a  public  hearing  and  an  op- 
portunity to  present  testimony  in  his  or  its  behalf,  and  to 
confront  the  witnesses  against  him  or  it.  The  mailing  of  a 
registered  letter,  postage  prepaid,  containing  a  notice  of 
such  hearing,  and  addressed  to  the  registrant  at  his  or  its 
address  in  this  commonwealth  as  it  appears  in  his  or  its 
registration,  shall  be  a  sufficient  service  of  such  notice,  and 
said  five  days  shall  begin  to  run  from  the  day  of  such 
mailing. 

The  board  may  compel  the  attendance  of  witnesses  and 
the  production  of  documents  at  any  such  hearing. 

Section  8.     Section  eighty-seven  II  of  said  chapter  one  g.  l.  (Ten 
hundred  and  twelve,  as  so  inserted,  is  hereby  amended  by  f  sni!  e^tc, 
inserting  after  the  word  "board"  in  the  third  line  the  fol-  amended, 
lowing :  —  or  unless  granted  a  permit  by  the  board  under 
section  eighty-seven  V,  —  so  as  to  read  as  follows :  — Sec-  Penalty. 
tion  8711.     Whoever  engages  in  or  follows,  or  attempts  to 
engage  in  or  follow,  the  occupation  of  hairdressing  or  mani- 
curing, unless  duly  registered  by  the  board  or  unless  granted 
a  permit  by  the  board  under  section  eighty-seven  V,  and 
whoever  conducts,  or  attempts  to  conduct,  a  shop  or  school 
not  so  registered,  and  whoever  violates  any  provision  of 
sections  eighty-seven  T  to  eighty-seven  HH,  inclusive,  or 
any  rule  or  regulation  made  under  authority  thereof,  shall, 
in  addition  to  any  other  penalty  prescribed  or  authorized  by 
said  sections,  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars. 

Section  9.    Section  four  of  chapter  two  hundred  and  sixty  g.  l.  (Ter. 
of  the  General  Laws,  as  most  recently  amended  by  section  fic^'ameAded 
four  of  chapter  two  hundred  and  ninety-one  of  the  acts  of 
nineteen  hundred  and  thirty-four,  is  hereby  further  amended 
by  inserting  after  the  word  "sanitaria"  in  the  eighth  fine 
the  words :  —  ,  hairdressers,  operators  and  shops  registered 
under  sections  eighty-seven  T  to  eighty-seven  J  J,  inclusive, 
of  chapter  one  hundred  and  twelve,  —  so  as  to  read  as  fol- 
lows :  —  Section  4-     Actions  for  assault  and  battery,  false  Limitation 
imprisonment,    slander,    actions    against    sheriffs,    deputy  "ct'ions'^'" 
sheriffs,  constables  or  assignees  in  insolvency  for  the  taking 
or  conversion  of  personal  property,  actions  of  tort  for  in- 
juries to  the  person  against  counties,  cities  and  towns,  and 
actions  of  contract  or  tort  for  malpractice,  error  or  mistake 
against  physicians,  surgeons,  dentists,  optometrists,  hospi- 


436  Acts,  1937.  —  Chap.  386. 

tals  and  sanitaria,  hairdressers,  operators  and  shops  regis- 
tered under  sections  eighty-seven  T  to  eighty-seven  J  J, 
inclusive,  of  chapter  one  hundred  and  twelve,  shall  be  com- 
menced only  within  two  years  next  after  the  cause  of  action 
accrues;  and  actions  for  libel  and  actions  of  tort  for  bodily 
injuries  or  for  death  the  payment  of  judgments  in  which  is 
required  to  be  secured  by  chapter  ninety  and  also  actions  of 
tort  for  bodily  injuries  or  for  death  or  for  damage  to  prop- 
erty against  officers  and  employees  of  the  commonwealth, 
of  the  metropolitan  district  commission,  and  of  any  county, 
city  or  town,  arising  out  of  the  operation  of  motor  or  other 
vehicles  owned  by  the  commonwealth,  including  those  under 
the  control  of  said  commission,  or  by  any  such  county,  city 
or  town,  suits  by  judgment  creditors  in  such  actions  of  tort 
under  section  one  hundred  and  thirteen  of  chapter  one  hun- 
dred and  seventy-five  and  clause  (10)  of  section  three  of 
chapter  two  hundred  and  fourteen  and  suits  on  motor  vehi- 
cle liability  bonds  under  section  thirty-four  G  of  said  chapter 
ninety  shall  be  commenced  only  within  one  year  next  after 
the  cause  of  action  accrues, 
^f^'^icedfn  Section  10.    Section  nine  of  this  act  shall  apply  only  to 

section.  causes  of  actiou  accruing  subsequent  to  the  effective  date 

of  this  act.  Approved  May  28,  1937. 


Chap.SSQ  An  Act  to  provide  for  the  funding  by  the  city  of  wal- 

THAM   OF  CERTAIN   OVERPAYMENTS   OF  TAXES  ASSESSED  TO 
THE   WALTHAM   WATCH    COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Waltham,  for  the  purposes  set 
forth  in  section  two  of  this  act,  may  issue  from  time  to  time 
bonds  or  notes  to  an  amount  not  exceeding,  in  the  aggregate, 
one  hundred  and  fifty  thousand  dollars,  which  shall  bear  on 
their  face  the  words.  City  of  Waltham  Tax  Funding  Loan, 
Act  of  1937.  Each  authorized  issue  shall  constitute  a  sepa- 
rate loan,  and  such  loans  shall  be  payable  in  not  more  than 
five  years  from  their  dates.  Indebtedness  incurred  under 
this  act  shall  be  in  excess  of  the  statutory  limit,  but  shall, 
except  as  herein  provided,  be  subject  to  chapter  forty-four 
of  the  General  Laws,  exclusive  of  the  limitation  contained 
in  the  first  paragraph  of  section  seven  thereof. 

Section  2.  The  sums  raised  by  authority  of  this  act  shall 
be  used  only  for  the  purpose  of  paying  to  the  Waltham  Watch 
Company,  a  Massachusetts  corporation,  so  much  of  the 
taxes  assessed  upon  real  estate  and  machinery  used  in  the 
conduct  of  its  business  in  the  years  nineteen  hundred  and 
thirty-one,  nineteen  hundred  and  thirty-two,  nineteen  hun- 
dred and  thirty-three,  nineteen  hundred  and  thirty-four, 
nineteen  hundred  and  thirty-five  and  nineteen  hundred  and 
thirty-six  as  may  be  lawfully  abated  by  the  board  of  tax 
appeals  or  by  the  board  of  assessors  of  said  city.    Payments 


Acts,  1937.  —  Chap.  387.  437 

for  the  purposes  herein  specified  shall  be  made  upon  the 
order  of  the  mayor. 

Section  2A.  Chapter  three  hundred  and  sixty-one  of  the 
acts  of  nineteen  hundred  and  thirty-six  is  hereby  repealed. 

Section  3.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Waltham  by  a  ma- 
jority vote  of  the  members  thereof  present  and  voting 
thereon.  Approved  May  28^  1937. 


Chap.dSl 


An  Act  relative   to  service   of  process   on   certain 
defendants  in  motor  vehicle  accident  cases. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety  of  the  General  Laws  is  hereby  amended  gj^io^""- 
by  striking  out  section  three  C,  as  appearing  in  the  Tercente-  §  so',  amended, 
nary  Edition,  and  inserting  in  place  thereof  the  following :  — 
Section  3C.     Service  of  process  under  section  three  A  or  three  Service  of 
B  shall  be  made  by  leaving  a  copy  of  the  process  with  a  fee  p'""''^^^ 
of  two  dollars  in  the  hands  of  the  registrar,  or  in  his  office, 
and  by  giving  the  defendant  notice  in  either  the  manner  pro- 
vided in  paragraph  (1)  or  in  that  provided  in  paragraph  (2) 
hereof,  and  such  service  shall  be  sufficient  service  upon  a 
defendant  who  has  under  either  of  said  sections  appointed 
the  registrar  or  his  successor  his  true  and  lawful  attorney 
therefor. 

(1)  If  the  defendant  is  known  by  the  plaintiff  to  be  the 
holder  of  a  motor  vehicle  registration  or  operator's  license 
issued  by  another  state  or  country,  notice  of  such  service 
upon  the  registrar  as  attorney  for  the  defendant  and  a  copy 
of  the  process  shall  forthwith  be  sent  by  registered  mail,  with 
return  receipt  requested,  by  the  plaintiff  to  the  defendant  at 
his  address  of  record  in  the  office  from  which  such  registration 
or  license  was  issued.  The  plaintiff's  affidavit  of  compUance 
herewith,  and  the  defendant's  return  receipt,  if  received  by 
the  plaintiff,  shall  be  filed  in  the  case  on  or  before  the  return 
day  of  the  process  or  within  such  further  time  as  the  court 
may  allow.  If  the  defendant  has  no  motor  vehicle  regis- 
tration or  license  known  to  the  plaintiff,  such  notice  and  copy 
shall  be  sent  in  the  same  manner  to  the  last  address  of  the 
defendant  known  to  the  plaintiff,  and  affidavit  of  compliance 
herewith,  and  the  defendant's  return  receipt  or  other  proof 
of  actual  notice,  shall  be  filed  in  the  case  within  the  time 
above  provided. 

(2)  Notice  of  such  service  upon  the  registrar  and  a  copy 
of  the  process  shall  be  served  upon  the  defendant,  if  found 
within  the  commonwealth,  by  a  sheriff  or  deputy  sheriff 
of  any  county  of  this  commonwealth,  or,  if  found  without 
the  commonwealth,  by  any  duly  constituted  public  officer 
quahfied  to  serve  like  process  in  the  state  or  jurisdiction  where 
the  defendant  is  found,  and  the  officer's  return  showing  such 
service  to  have  been  made  shall  be  filed  in  the  case  on  or 


438  Acts,  1937.  —  Chap.  388. 

before  the  return  day  of  the  process  or  within  such  further 
time  as  the  court  may  allow. 

(3)  The  court  in  which  the  action  is  pending  may  order 
such  continuances  as  may  be  necessary  to  afford  the  defend- 
ant reasonable  opportunity  to  defend  the  action. 

Approved  May  28,  1937. 


Chap. 3SS  An  Act  authorizing  the  city  of  somerville  to  pay  cer- 
tain BILLS  OF  THE  YEAR  NINETEEN  HUNDRED  AND  THIRTY- 
FIVE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Somerville  is  hereby  authorized 
to  appropriate  money  for  the  payment  of,  and  to  pay,  such 
of  the  unpaid  bills  against  the  city  included  as  deferred 
accounts  of  nineteen  hundred  and  thirty-five  in  the  report 
for  that  year  of  the  auditor  of  said  city,  a  copy  of  which  is 
on  file  in  the  office  of  the  director  of  accounts  in  the  depart- 
ment of  corporations  and  taxation,  as  are  legally  unenforce- 
able against  said  city  by  reason  of  its  failure  to  comply  with 
the  provisions  of  its  charter;  provided,  that  no  such  appro- 
priation shall  be  made  in  any  year  after  the  establishment  of 
the  tax  rate  for  that  year. 

Section  2.  No  bill  or  payroll  shall  be  approved  for  pay- 
ment or  paid  under  authority  of  this  act  unless  and  until 
certificates  have  been  signed  and  filed  with  the  auditor  of 
said  city,  as  hereinafter  provided,  stating  under  the  penalties 
of  perjury  that  the  goods,  materials  or  services  for  which 
bills  have  been  submitted  were  ordered  by  an  official  or 
employee  of  said  city  and  that  such  goods  and  materials 
were  delivered  and  actually  received  by  said  city  or  that  such 
services  were  rendered  to  said  city,  or  both. 

Every  such  certificate  that  goods,  materials  or  services 
were  so  ordered  shall  be  signed  and  filed  by  the  official  or 
employee  of  said  city  who  ordered  the  same  or  by  any  official 
or  employee  of  said  city;  every  such  certificate  of  delivery 
to  said  city  of  goods  or  materials  shall  be  signed  and  filed  by 
the  vendor  thereof,  and  if  such  vendor  is  a  corporation  shall 
be  signed  and  filed  by  the  treasurer  thereof;  every  such 
certificate  that  goods  or  materials  were  received  by  said  city 
shall  be  signed  and  filed  by  an  official  or  employee  of  said 
city;  and  every  such  certificate  of  services  rendered  to  said 
city  shall  be  signed  and  filed  by  the  person  who  rendered 
such  services. 

In  every  instance  where  the  original  purchase  order  or 
contract  was  in  writing,  each  certificate  filed  hereunder  shall 
be  accompanied  by  the  original  purchase  order  or  contract, 
or  by  a  certified  copy  thereof  if  the  original  is  not  available. 

Section  3.  This  act  shall  take  full  effect  upon  its  accept- 
ance, during  the  current  year,  by  vote  of  the  city  council  of 
said  city,  subject  to  the  provisions  of  its  charter;  but  not 
otherwise.  Approved  May  28,  1937. 


Acts,  1937.  —  Chaps.  389,  390.  439 


An  Act  providing  for  the  acquisition  and  development  (JJiQ/p  359 

OF  APREMONT  PARK  IN  THE  CITY  OF  "WESTFIELD  AS  A  WAR 
MEMORIAL  AND  THE  REMOVAL  THERETO  OF  A  CERTAIN 
EXISTING   MEMORIAL. 

Be  it  enacted,  etc.,  as  follows: 

The  county  commissioners  of  Hampden  county  are  hereby 
authorized  to  acquire  by  purchase  or  take  by  eminent  domain 
under  chapter  seventy-nine  of  the  General  Laws,  and  to  de- 
velop, landscape  and  thereafter  maintain  as  a  war  memorial, 
a  certain  tract  of  land  on  Apremont  road  in  the  city  of  West- 
field,  thereafter  to  be  known  as  Apremont  park.  Said  com- 
missioners, with  the  consent  of  said  city,  may  remove  to  said 
park  an  existing  war  memorial  situated  in  and  belonging  to 
said  city.  For  the  purpose  of  establishing  said  war  memo- 
rial as  aforesaid,  there  shall  be  contributed  by  the  com- 
monwealth such  sum,  not  exceeding  two  thousand  dollars,  as 
may  hereafter  be  appropriated.  After  the  state  treasurer  is 
satisfied  that  sums  sufficient,  with  said  contribution  by  the 
commonwealth,  to  provide  for  the  acquisition,  development 
and  landscaping  of  said  tract,  and  the  removal  thereto  of 
said  existing  war  memorial,  have  been  provided  by  the  county 
commissioners  and  allocated  by  the  federal  government 
therefor,  the  sum  so  appropriated  shall  be  paid  by  the  state 
treasurer  to  the  treasurer  of  said  county.  Said  city  of  West- 
field  may  at  any  time,  with  the  consent  of  the  county 
commissioners  of  said  county,  assume  and  take  over  the 
maintenance  of  said  Apremont  park. 

Approved  May  28,  1937. 


An  Act  relative  to  the  renewal  of  motor  vehicle  C/iai). 390 

LIABILITY    POLICIES    OR    BONDS,    SO    CALLED,    IN    CERTAIN 

CASES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-five  of  the  General  Laws  o.  l.  (Tcr. 
is  hereby  amended  by  inserting  after  section  one  hundred  and  n^w  sic'tfon 
thirteen  E,  inserted  by  chapter  sixty-one  of  the  acts  of  nine-  hsf,  added, 
teen  hundred  and  thirty-four,  the  following  new  section :  — 
Section  113F.     Any  company  which  does  not  intend  to  issue  Renewal  of 
a  motor  vehicle  liability  policy  or  to  execute  or  act  as  surety  Hawmy^^"''^ 
on  a  motor  vehicle  liability  bond,  both  as  defined  in  section  policies,  etc. 
thirty-four  A  of  chapter  ninety,  for  the  ensuing  year  in  favor 
of  the  insured  or  the  principal  named  in  an  existing  policy 
or  bond  issued  or  executed  by  it  shall,  if  said  policy  or  bond 
is  in  full  force  and  effect  on  November  tenth,  give  written 
notice  of  its  said  intent  on  or  before  November  fifteenth  as 
hereinafter  provided.     Such  notice  shall,  except  as  herein- 
after provided,  be  sent  either  to  said  insured  or  principal  or 
to  the  insurance  agent  of  the  company  or  the  insurance 
broker  who  negotiated  the  issue  of  the  policy  or  the  execution 


440  Acts,  1937.  —  Chap.  390. 

of  the  bond.  If  the  certificate,  as  defined  in  said  section 
thirty-four  A,  in  respect  to  such  pohcy  or  bond  was  executed 
by  or  on  behalf  of  an  insurance  agent  of  the  company,  such 
notice  shall  be  sent  to  the  said  insurance  agent.  If  when  said 
notice  is  to  be  sent  any  such  insurance  agent  is  not  then  so 
licensed,  the  company  shall  send  such  notice  to  the  said 
insured  or  principal.  Such  notice  shall  be  in  a  form  satis- 
factory to  the  commissioner. 

Every  such  insurance  agent  or  broker  receiving  such  a 
notice  from  a  company  shall,  on  or  before  December  first, 
send  a  copy  of  such  notice  to  the  insured  or  the  principal, 
unless  another  company  has  executed  a  certificate,  as  defined 
in  said  section  thirty-four  A,  evidencing  the  issue  or  the 
execution  of  a  policy  or  bond  for  the  ensuing  year  covering 
the  motor  vehicle  or  vehicles  specified  in  the  existing  policy 
or  bond. 

If  the  commissioner  is  satisfied  that  an  insurance  agent  or 
broker  has  failed  to  send  a  copy  of  the  notice  as  hereinbefore 
provided  he  may  revoke  any  license  issued  to  such  agent  or 
broker  under  section  one  hundred  and  sixty-three  and  sec- 
tion one  hundred  and  sixty-six. 

Any  company  faihng  to  send  a  notice  as  hereinbefore  pro- 
vided shall  upon  the  request  of  such  insured  or  principal  issue 
a  new  policy  or  execute  a  new  bond  as  surety  covering  said 
insured  or  principal  and  the  same  motor  vehicle  or  vehicles 
for  the  ensuing  year,  subject,  however,  to  the  right  of  such 
company  to  cancel  such  policy  or  bond  in  accordance  with  its 
terms;  except  that  a  company  may,  subject  to  section  one 
hundred  and  thirteen  D,  refuse  to  issue  such  a  new  policy  or 
execute  such  a  new  bond  as  surety,  if  the  facts  upon  which 
such  refusal  is  based  were  not  known  by  such  company  prior 
to  October  fifteenth  of  the  then  current  year  or  may  refuse 
so  to  do  if,  after  the  issue  by  the  company  of  a  written  notice 
of  cancellation  of  such  existing  policy  or  bond,  the  board  of 
appeal  on  motor  vehicle  liability  policies  and  bonds,  subse- 
quent to  said  October  fifteenth,  has  found  in  favor  of  the 
company  upon  a  complaint  filed  under  said  section  one 
hundred  and  thirteen  D. 

The  giving  of  a  notice  under  this  section  shall  not  preclude 
an  application,  by  the  person  named  as  the  insured  or  the 
principal  in  the  existing  pohcy  or  bond,  for  such  a  policy  or 
bond  for  the  ensuing  year,  and,  if  the  company  does  not 
within  seven  days  after  such  an  application  issue  or  execute 
such  a  policy  or  bond,  the  applicant  may  file  a  complaint  as 
provided  in  and  subject  to  said  section  one  hundred  and 
thirteen  D. 

Nothing  in  this  section  shall  be  construed  to  affect  any 
of  the  provisions  of  said  section  one  hundred  and  thirteen  D. 

Approved  May  28,  1937. 


Acts,  1937. —Chaps.  391,  392.  441 


An  Act  transferring  to  the  commonwealth  the  re-  Qh„^  301 

SPONSIBILITY   FOR    TREATMENT    OF   CERTAIN    PERSONS   SUF-  ^' 

FEEING  FROM  GONORRHEA  OR  SYPHILIS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  one  hundred  and  f'liWVc.. 
seventeen,  as  amended  by  chapter  one  hundred  and  fifty-five  amended, 
of  the  acts  of  nineteen  hundred  and  thirty-five,  and  inserting 
in  place  thereof  the  following:  —  Section  117.     For  the  pur-  Treatment 
pose  of  providing  treatment  for  persons  suffering  from  gonor-  dislaslj.^*' 
rhea  or  syphilis,  and  who  are  unable  to  pay  for  private  medical 
care,  the  department  shall,  or  with  the  co-operation  of  local 
boards  of  health,  hospitals,  dispensaries  or  other  agencies 
may,  establish  and  maintain  clinics  in  such  parts  of  the  com- 
monwealth as  it  may  deem  most  advantageous  to  the  public 
health,  and  may  otherwise  provide  treatment  for  such  dis- 
eases subject  to  such  rules  and  regulations  as  the  depart- 
ment may  from  time  to  time  establish.     Cities  and  towns, 
separately  or  jointly,  through  their  boards  of  health  or  munic- 
ipal hospitals,  may  establish  and  maintain  such  clinics.    For 
the  purposes  of  this  section,  providing  treatment  shall  include 
providing   transportation   or  the   reasonable   cost   of  such 
transportation  to  and  from  the  place  where  treatment  is 
given  whenever  the  patient  is  not  able  to  pay  for  such  trans- 
portation. Approved  May  28,  1937. 


An  Act  permitting  the  admission  to  state  sanatoria  (jhnq)  392 

AND    COUNTY   TUBERCULOSIS   HOSPITALS    FOR    PURPOSES    OF  ^' 

DIAGNOSIS  AND  OBSERVATION,  OF  CERTAIN  PATIENTS  WITH 
DISEASES  OF  THE  LUNGS  OTHER  THAN  RECOGNIZABLE 
TUBERCULOSIS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is  g.  l.  (Ter. 
hereby   amended   by   inserting   after   section   sixty-six,   as  ne'V'aecVion 
amended,  the  following  new  section:  —  Section  66 A.    Upon  66a,  added, 
written  apphcation  of  a  registered  physician,  any  state  sana-  to'^s^ate"" 
torium  or  county  tuberculosis  hospital  may  admit  for  diag-  ^^"'^\°j"*'  ^*^''- 
nosis  and  observation,  subject  to  such  rules  and  regulations  wit'iTdTsea^seB 
as  the  department  may  prescribe,  such  persons  with  lung  "^  *^^  '''°^^- 
diseases   other   than   recognizable   tuberculosis,    who    have 
resided  in  the  commonwealth  for  at  least  two  years  within 
the  period  of  three  years  immediately  prior  to  the  date  of 
such   apphcation.     Any  such   patient  may  be   discharged 
from  such  sanatorium  or  hospital,  prior  to  the  expiration  of 
sixty  days  after  admission,  either  upon  his  own  request  or 
upon   determination   of  the   department  or  the   board   of 
health  of  the  city  or  town  in  which  such  patient  resides,  or, 
in  any  event,  upon  the  expiration  of  sixty  days  after  admis- 
sion;   and  the  provisions  of  sections  sixty-six  and  eighty- 


442 


Acts,  1937.  —  Chaps.  393,  394,  395. 


eight  relative  to  the  support  of  inmates  in  state  sanatoria 
and  patients  in  county  tuberculosis  hospitals,  respectively, 
shall  apply  in  the  case  of  patients  admitted  under  this  sec- 
tion. Approved  May  28,  1937. 


Chap. 393  An  Act  providing  for  the  hospitalization  of  patients 

WITH    CHRONIC    RHEUMATISM. 


G.  L.  (Ter. 
Ed.),  Ill, 
new  section 
116A,  added. 


Hospitaliza- 
tion of  pa- 
tients with 
rheumatism. 


Be  it  enacted,  etc.,  asfolloivs: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  one  hundred  and 
sixteen,  as  appearing  in  the  Tercentenary  Edition,  under  the 
title  CHRONIC  RHEUMATISM,  the  following  new  section:  — 
Section  116 A.  The  department,  subject  to  rules  and  regu- 
lations approved  by  the  commission  on  administration  and 
finance,  may  provide  for  the  care  and  treatment  of  persons 
suffering  from  chronic  rheumatism  for  a  period  not  exceed- 
ing six  months  in  case  of  any  one  such  person,  and  said 
department  may  enter  into  contracts  with  one  or  more 
existing  hospitals  within  any  metropolitan  district  for  the 
care  and  treatment  of  such  patients;  provided,  that  not 
more  than  twenty-five  such  patients  may  be  cared  for  or 
treated  under  this  section  at  any  one  time. 

Approved  May  28,  1937. 


Chap. 394:  An  Act  increasing  the  amount  to  be  paid  into  the 

TREASURY   OF  THE   COMMONWEALTH   IN   CERTAIN   CASES   OF 
industrial  ACCIDENTS  RESULTING  IN  DEATH. 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty-five  of  chapter  one  hundred  and  fifty-two 
of  the  General  Laws,  as  most  recently  amended  by  chapter 
one  hundred  and  sixty-two  of  the  acts  of  nineteen  hundred 
and  thirty-six,  is  hereby  further  amended  by  striking  out,  in 
the  fourth  line,  the  words  "five  hundred"  and  inserting  in 
place  thereof  the  words:  —  one  thousand,  —  so  as  to  read 
as  follows:  —  Section  65.  For  every  case  of  personal  injury 
resulting  in  death  covered  by  this  chapter,  when  there  are 
no  dependents,  the  insurance  company  shall  pay  into  the 
treasury  of  the  commonwealth  one  thousand  dollars.  Such 
payments  shall  constitute  a  special  fund  in  the  custody  of 
the  state  treasurer  who  shall  make  payments  therefrom 
upon  the  written  order  of  the  department  for  the  purposes 
set  forth  in  section  thirty-seven. 

Approved  May  28,  1937. 


G.  L.  (Ter. 
Ed.),  152, 
§  65,  etc.. 
amended. 


Special  fund 
for  payments 
in  industrial 
accident  cases. 


Chap. 395  An  Act  relative  to  the  taxation  of  incomes  and  of 

CERTAIN  BUSINESS  AND  MANUFACTURING  CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  three  hundred   and   seven  of  the 
acts  of  nineteen  hundred  and  thirty-three  is  hereby  amended 


Acts,  1937. —Chap.  395.  443 

by  striking  out  section  nine,  as  most  recently  amended  by 
section  one  of  chapter  eighty-two  of  the  acts  of  nineteen 
hundred  and  thirty-six,  and  inserting  in  place  thereof  the 
following:  —  Section  9.  Income  received  by  any  inhabitant 
of  the  commonwealth  during  the  years  nineteen  hundred 
and  thirty-three,  nineteen  hundred  and  thirty-four  and 
nineteen  hundred  and  thirty-five  from  dividends  on  shares 
in  all  corporations,  joint  stock  companies  and  banking  asso- 
ciations, organized  under  the  laws  of  this  commonwealth  or 
under  the  laws  of  any  state  or  nation,  except  co-operative 
banks,  building  and  loan  associations  and  credit  unions 
chartered  by  the  commonwealth,  and  except  savings  and 
loan  associations  under  the  supervision  of  the  commissioner 
of  banks,  and  income  received  by  any  inhabitant  of  the 
commonwealth  during  the  years  nineteen  hundred  and  thirty- 
six,  nineteen  hundred  and  thirtj^-seven  and  nineteen  hundred 
and  thirty-eight  from  such  dividends,  other  than  stock  divi- 
dends paid  in  new  stock  of  the  company  issuing  the  same, 
shall  be  taxed  at  the  rate  of  six  per  cent  per  annum.  In- 
habitant of  the  commonwealth  shall  include  (a)  estates  and 
fiduciaries  specified  in  sections  nine,  ten,  thirteen  and  four- 
teen of  chapter  sixty-two  of  the  General  Laws,  as  appearing 
in  the  Tercentenary  Edition,  (6)  partnerships  specified  in 
section  seventeen  of  said  chapter  sixtj^-two,  as  so  appearing, 
and  (c)  partnerships,  associations  or  trusts,  the  beneficial 
interest  in  which  is  represented  by  transferable  shares,  speci- 
fied in  paragraphs  entitled  First,  Second  and  Third  of 
subsection  (c)  of  section  one  of  said  chapter  sixty-two,  as 
amended.  Except  as  otherwise  provided  in  this  section, 
the  provisions  of  chapter  sixty-two  of  the  General  Laws,  as 
amended,  shall  apply  to  the  taxation  of  income  received  by 
any  such  inhabitant  during  said  years.  Subsection  (6)  of 
section  one  of  said  chapter  sixty-two  shall  not  apply  to 
income  received  during  said  years. 

Section  2.  Said  chapter  three  hundred  and  seven  is 
hereby  further  amended  by  striking  out  section  nine  A,  as 
amended  by  section  two  of  chapter  four  hundred  and  eighty- 
nine  of  the  acts  of  nineteen  hundred  and  thirty-five,  and 
inserting  in  place  thereof  the  following:  —  Section  9 A.  The 
credit  for  dividends  paid  to  inhabitants  of  this  common- 
wealth by  foreign  corporations  provided  by  section  forty- 
three  of  chapter  sixty-three  of  the  General  Laws  in  deter- 
mining the  tax  leviable  on  such  corporations  under  paragraph 
(2)  of  section  thirty-nine  of  said  chapter  sixty-three  shall 
not  be  allowed  to  foreign  corporations  or  to  foreign  manu- 
facturing corporations  in  respect  to  dividends  so  paid  in  the 
years  nineteen  hundred  and  thirty-three,  nineteen  hundred 
and  thirty-four,  nineteen  hundred  and  thirty-five,  nineteen 
hundred  and  thirty-six,  nineteen  hundred  and  thirty-seven 
and  nineteen  hundred  and  thirty-eight. 

Section  3.  Said  chapter  three  hundred  and  seven  is 
hereby  further  amended  by  striking  out  section  ten,  as 
amended  by  section  three  of  said  chapter  four  hundred  and 


444  Acts,  1937.  —  Chap.  395. 

eighty-nine,  and  inserting  in  place  thereof  the  following :  — 
Section  10.  Every  corporation  organized  under  the  laws  of 
this  commonwealth,  and  every  corporation  doing  business 
therein,  including  every  banking  association  organized  under 
the  laws  of  any  state  or  nation,  and  every  partnership,  asso- 
ciation or  trust  the  beneficial  interest  in  which  is  represented 
by  transferable  shares,  doing  business  in  the  commonwealth 
unless  the  dividends  paid  on  its  shares  are  exempt  from  tax- 
ation under  said  section  one  of  said  chapter  sixty-two  shall 
in  nineteen  hundred  and  thirty-four,  nineteen  hundred  and 
thirty-five,  nineteen  hundred  and  thirty-six,  nineteen  hun- 
dred and  thirty-seven,  nineteen  hundred  and  thirty-eight 
and  nineteen  hundred  and  thirty-nine  file  with  the  commis- 
sioner of  corporations  and  taxation,  hereinafter  called  the 
commissioner,  in  such  form  as  he  shall  prescribe,  a  complete 
list  of  the  names  and  addresses  of  its  shareholders  as  of 
record  on  December  thirty-first  next  preceding,  or  on  any 
other  date  satisfactory  to  the  commissioner,  or  in  its  discre- 
tion, of  such  shareholders  as  are  residents  of  the  common- 
wealth, together  with  the  number  and  class  of  shares  held 
by  each  shareholder,  and  the  rate  of  dividends  paid  on  each 
class  of  stock  for  said  preceding  year.  The  second  paragraph 
of  section  thirty-three  of  said  chapter  sixty-two  shall  not 
appl}^  to  returns  relative  to  shareholders  receiving  dividends 
in  the  years  nineteen  hundred  and  thirty-three,  nineteen 
hundred  and  thirty-four,  nineteen  hundred  and  thirty-five, 
nineteen  hundred  and  thirty-six,  nineteen  hundred  and 
thirty-seven  and  nineteen  hundred  and  thirty-eight. 

Section  4.  Said  chapter  three  hundred  and  seven  is 
hereby  further  amended  by  striking  out  section  eleven,  as 
amended  by  section  three  A  of  said  chapter  four  hundred 
and  eighty-nine,  and  inserting  in  place  thereof  the  follow- 
ing:—  Section  11.  The  state  treasurer  shall,  on  or  before 
November  twentieth,  in  the  years  nineteen  hundred  and 
thirty-four,  nineteen  hundred  and  thirty-five,  nineteen  hun- 
dred and  thirty-six,  nineteen  hundred  and  thirty-seven,  nine- 
teen hundred  and  thirty-eight  and  nineteen  hundred  and 
thirty-nine,  distribute  to  the  several  cities  and  towns,  in 
proportion  to  the  amounts  of  state  tax  imposed  upon  such 
cities  and  towns  in  said  years,  respectively,  the  proceeds  of 
the  taxes  collected  by  the  commonwealth  under  section  nine 
of  this  act,  after  deducting  a  sum  sufficient  to  reimburse  the 
commonwealth  for  the  expenses  incurred  in  the  collection 
and  distribution  of  said  taxes,  and  for  such  of  said  taxes  as 
have  been  refunded  under  section  twenty-seven  of  chapter 
fifty-eight  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition  thereof,  during  said  years,  together  with 
any  interest  or  costs  paid  on  account  of  refunds,  which  shall 
be  retained  by  the  commonwealth;  provided,  that  the  state 
treasurer  may  withhold  out  of  the  amount  to  which  any  city 
or  town  would  otherwise  be  entitled  as  aforesaid  so  much 
thereof  as  is  necessary  to  pay  the  principal  or  interest  of  any 
bonds  or  notes  issued  by  such  city  or  town  under  section  two 


Acts,  1937.  —  Chap.  396.  445 

and  then  held  by  the  commonwealth  and  remaining  impaid, 
and  thereafter  interest  shall  be  payable  only  on  the  balance 
of  such  bonds  or  notes  remaining  unpaid.  Any  amount 
payable  to  a  city  or  town  hereunder  shall  be  included  by  the 
assessors  thereof  as  an  estimated  receipt,  and  be  deducted, 
in  accordance  with  the  provisions  of  section  twenty-three 
of  chapter  fifty-nine,  from  the  amount  required  to  be  raised 
by  taxation  to  meet  appropriations  made  in  such  years  for 
public  welfare,  soldiers'  benefits  and  maturing  debts,  in  that 
order. 

Section  5.  Section  one  of  chapter  three  hundred  and 
seventeen  of  the  acts  of  nineteen  hundred  and  thirty-four,  as 
amended  by  section  four  of  said  chapter  four  hundred  and 
eighty-nine,  is  herebj^  further  amended  by  striking  out  the 
first  paragraph  and  inserting  in  place  thereof  the  following 
new  paragraph :  — 

During  the  years  nineteen  hundred  and  thirty-four,  nine- 
teen hundred  and  thirty-five,  nineteen  hundred  and  thirty- 
six,  nineteen  hundred  and  thirty-seven,  nineteen  hundred 
and  thirty-eight  and  nineteen  hundred  and  thirty-nine,  every 
corporation  subject  to  the  provisions  of  section  thirt3^-eight 
B  of  chapter  sixty-three  of  the  General  Laws,  as  appearing  in 
the  Tercentenary  Edition,  shall,  except  as  provided  in  sec- 
tion fifty-six  A  of  said  chapter,  as  amended  by  section  three 
hereof,  pay  annually  a  minimum  excise  of  not  less  than  the 
amount,  if  any,  by  which  the  sum  of  (1),  (2),  (3)  and  (4) 
following  exceeds  six  per  cent  of  the  dividends  paid  by  such 
corporation  during  the  year  corresponding  to  that  in  which 
the  income  is  received :  — 

Section  6.  Any  reference  in  said  chapter  three  hundred 
and  seventeen  or  in  section  four  of  chapter  three  hundred 
and  sixty-two  of  the  acts  of  nineteen  hundred  and  thirty-six 
to  section  nine  of  chapter  three  hundred  and  seven  of  the  acts 
of  nineteen  hundred  and  thirty-three  shall  be  taken  to  refer 
to  said  section,  as  most  recently  amended  by  section  one  of 
this  act.  Approved  May  28,  1937. 


An  Act  authorizing  the  city  of  lowell  to  pay  certain  C/iai).396 

CLAIMS  legally  UNENFORCEABLE  BY  REASON  OF  FAILURE 
TO  COMPLY  WITH  CERTAIN  PROVISIONS  OF  LAW^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lowell  is  hereby  authorized  to 
appropriate  a  sum  of  money  not  exceeding  one  hundred 
twenty-eight  thousand  three  hundred  dollars  and  may,  with 
the  approval  of  the  mayor  of  said  city,  expend  the  same,  or 
any  part  thereof,  in  the  payment  and  discharge  of  certain 
unpaid  bills  against  said  city  which  have  been  listed  and 
recommended  for  payment  in  the  report  of  the  finance  com- 
mission of  said  city  to  the  city  council  of  said  city,  dated 
May  eleventh,  nineteen  hundred  and  thirty-six,  on  claims 
against  said  city  contracted  in  violation  of  the  law  which  are 


446  Acts,  1937.  —  Chap.  397. 

legally  unenforceable  against  said  city  by  reason  of  failure 
to  comply  with  the  provisions  of  section  twenty-eight  or 
twenty-nine  of  chapter  forty-three  of  the  General  Laws,  or 
section  thirty-one  of  chapter  three  hundred  and  eighty- 
three  of  the  acts  of  nineteen  hundred  and  twenty-one,  or 
for  any  other  cause,  a  copy  of  which  report  is  on  file  in  the 
office  of  the  director  of  the  division  of  accounts  in  the  de- 
partment of  corporations  and  taxation. 

Section  2,  For  the  purpose  of  providing  for  the  above 
appropriation  said  city  may  borrow  from  time  to  time, 
within  a  period  of  five  years  from  the  passage  of  this  act, 
sums  not  exceeding,  in  the  aggregate,  one  hundred  twenty- 
eight  thousand  three  hundred  dollars,  and  may  issue  bonds 
or  notes  therefor,  which  shall  bear  on  their  face  the  words 
City  of  Lowell  loan  for  the  payment  of  certain  claims  — 
Act  of  1937.  Each  authorized  issue  shall  constitute  a  sepa- 
rate loan,  and  such  loans  shall  be  paid  in  not  more  than  five 
years  from  their  dates.  Indebtedness  incurred  under  this 
act  shall  be  in  excess  of  the  statutory  limit  and  shall,  except 
as  herein  provided,  be  subject  to  chapter  forty-four  of  the 
General  Laws,  exclusive  of  the  limitation  contained  in  the 
first  paragraph  of  section  seven  thereof. 

Section  3.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  vote  of  the  city  council  of 
said  city,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  May  28,  1937. 

Chap.S97  An  Act  providing  for  the  acquisition  of  property  for 

FLOOD  CONTROL  PURPOSES  IN  THE  CONNECTICUT  RIVER 
VALLEY,  FOR  COMPLIANCE  BY  THE  COMMONWEALTH  WITH 
THE  INTERSTATE  COMPACT  RELATIVE  THERETO,  AND  FOR 
FURTHER  STUDY  RELATIVE  TO  SUCH  FLOOD  CONTROL. 

Emergency  Whercas,    The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  pubhc  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works  shall  be  the 
agency  of  the  commonwealth  for  the  acquisition  of  lands, 
easements  and  rights  of  way  provided  for  in  the  compact 
between  the  commonwealth  and  the  states  of  Connecticut, 
New  Hampshire  and  Vermont  relative  to  flood  control  in 
the  Connecticut  river  valley.  Said  department,  upon  the 
request  of  the  Connecticut  river  valley  flood  control  com- 
mission, established  by  said  compact,  may  take  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws  or 
acquire  by  purchase  or  otherwise,  in  behalf  of  the  common- 
wealth, such  lands,  easements  and  rights  of  way,  including 
cemeteries  and  property  held  for  pubhc  use,  and  including 
any  railroad,  electric  transmission  or  distribution  lines, 
telephone  or  telegraph  fines,  pipe  fines,  aqueducts,  water 


Acts,  1937. —Chap.  397.  447 

mains,  gas  mains  or  other  public  utility  structures  located 
thereon  within  the  commonwealth,  as  are  determined  and 
designated  by  said  flood  control  commission  for  the  con- 
struction of  any  reservoirs  authorized  under  said  compact. 

Said  department  may  enter  into  any  agreement  or  con- 
tract with  any  person,  city,  town,  water  district  or  public 
utility  company  providing  for  the  removal  of  his  or  its  rail- 
road, electric  transmission  or  distribution  lines,  telephone 
or  telegraph  lines,  pipe  lines,  aqueducts,  water  mains,  gas 
mains  or  other  public  utility  structures  to  such  new  location 
under  such  terms  and  conditions  as  may  be  agreed  upon  and 
without  expense  to  the  owner  thereof.  For  the  purpose  of 
providing  lands,  easements  or  rights  of  way  for  such  new 
location,  said  department  may  take  property  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws. 

Said  department  shall  keep  an  accurate  account  of  all 
expenditures  made  or  incurred  in  the  acquisition  of  lands, 
easements  and  rights  of  way  under  any  provision  of  this  sec- 
tion, and  the  same  shall  be  included  as  part  of  the  cost  of 
acquisition  to  be  paid  by  said  Connecticut  river  valley  flood 
control  commission.  Said  expenditures  shall  be  made  in 
anticipation  of  and  subject  to  appropriations. 

Section  2.  Upon  the  acquisition  of  such  lands,  ease- 
ments and  rights  of  way  or  parts  thereof  for  the  construction 
of  any  dam  or  reservoir  authorized  under  said  compact,  and 
the  full  payment  by  said  Connecticut  river  valley  flood  con- 
trol commission  of  the  cost  of  acquisition  thereof,  including 
all  expenditures  the  inclusion  of  which  is  authorized  by 
article  VII  of  said  compact,  said  department  in  the  name  of 
the  commonwealth  shall  make,  execute  and  deliver  to  said 
commission  a  good  and  sufficient  lease  for  nine  hundred  and 
ninety-nine  years  of  such  lands,  easements  and  rights  of  way, 
upon  the  conditions  and  subject  to  all  the  provisions  and 
restrictions  set  forth  in  article  VI  of  said  compact. 

Section  3.  Said  department  of  public  works,  upon  no- 
tice from  and  at  the  sole  expense  of  said  Connecticut  river 
valley  flood  control  commission,  shall  make  such  highway 
relocations  as  may  become  necessary  because  of  the  con- 
struction, operation  and  maintenance  of  any  dam  or  reser- 
voir authorized  under  said  compact.  Said  department  shall 
lay  out  and  construct  the  new  locations  in  the  manner  pro- 
vided by  law  for  the  laying  out  and  construction  of  state 
highways,  and  may  take  property  therefor  by  eminent  do- 
main under  said  chapter  seventy-nine;  but  after  the  con- 
struction of  each  such  relocated  highway  it  shall  be  a  state 
highway  only  if  the  highway  of  which  it  is  a  relocation  was 
a  state  highwaj^,  otherwise  it  shall  be  a  highway  subject  to 
chapters  eighty-two  and  eighty-four  of  the  General  Laws 
and  all  other  provisions  of  law  relative  to  highways  in  each 
county  and  municipality  in  which  it,  or  anj^  part  thereof,  is 
situated  after  such  relocation. 

An  accurate  record  shall  be  kept  of  the  cost  of  such  relo- 
cations, including  the  cost  of  acquisition  of  any  lands,  ease- 


448  Acts,  1937.  —  Chap.  397. 

ments  and  rights  of  way  necessary  thereto,  and  any  expense 
incidental  to  the  same,  and  the  said  cost  and  expense  shall  be 
paid  by  said  Connecticut  river  valley  flood  control  commis- 
sion in  accordance  with  the  terms  of  said  compact;  provided, 
that  due  allowance  shall  be  made  on  account  of  any  improved 
type  of  construction  of  such  relocated  highway.  In  the  event 
that  said  department  and  said  commission  cannot  agree  as 
to  the  cost  and  expense  to  be  paid  by  said  commission  on 
account  of  such  highway  relocation,  either  party  may  apply 
by  petition  to  the  superior  court  within  and  for  any  county 
wherein  such  highway  as  relocated  or  any  part  thereof  is 
situated,  to  fix  and  determine  the  same,  and,  upon  hearing, 
said  court  shall  thereupon  ascertain  and  adjudge  the  amount 
thereof,  giving  the  matter  precedence  over  all  other  civil 
cases,  except  as  otherwise  provided  by  law. 

Section  4.  Said  department  of  public  works  is  hereby 
designated  the  agency,  with  the  approval  of  the  governor, 
to  notify  the  United  States  through  its  war  department, 
before  construction  work  is  commenced  upon  any  flood 
control  reservoir  authorized  under  said  compact,  of  the 
determination  by  the  commonwealth  to  preserve  the  value 
of  any  such  site  for  the  pm"pose  of  water  conservation, 
power  storage  or  power  development  that  may  be  inherent 
in  such  site,  in  order  that  the  dam  and  works  at  such  site 
may  be  so  designed  and  constructed  as  to  provide  for  the 
further  development  thereof  as  a  storage  reservoir  for  the 
purposes  aforesaid.  Said  department  may,  with  the  ap- 
proval of  the  governor,  enter  into  contracts  or  agreements 
with  the  United  States  respecting  the  terms  and  conditions 
under  which  such  rights  of  water  conservation,  power  stor- 
age or  power  development  shall  be  made  available,  and  may 
approve  on  the  part  of  the  commonwealth  such  types  of 
dams  and  reservoirs  and  such  general  plans  for  their  con- 
struction, as  will  provide  for  such  further  development  in 
accordance  with  the  terms  and  provisions  of  article  VIII 
of  said  compact. 

Said  department  may  acquire  in  the  manner  provided  in 
section  one  such  additional  lands,  easements  and  rights  of 
way  as  may  be  necessary  for  the  full  beneficial  use  of  the 
rights  reserved  to  the  commonwealth  under  the  terms  of 
said  compact. 

In  providing  for  such  further  development  and  use  of 
such  dams  and  reservoirs  for  the  purposes  reserved  to  the 
commonwealth  as  aforesaid,  or  in  the  acquisition  of  lands, 
easements  or  rights  of  way  therefor,  or  for  any  flood  control 
reservoir  site,  said  department,  with  the  approval  of  the 
governor,  may  enter  into  such  contracts  and  agreements 
with  such  persons,  under  such  terms  and  subject  to  such 
conditions,  as  to  it  shall  appear  to  be  for  the  best  interest 
and  advantage  of  the  commonwealth. 

Said  department,  with  the  approval  of  the  governor,  may 
at  any  time  hereafter,  whenever  it  may  determine  that  any 


Acts,  1937.  —  Chap.  397.  449 

reservoir  constructed  under  the  terms  of  said  compact  is 
desirable  or  necessary  to  be  used  for  water  conservation, 
power  storage  or  power  development,  require  the  same  to 
be  adapted  for  that  purpose  in  accordance  with  the  provi- 
sions of  article  VIII  of  said  compact. 

Section  5.  All  sums  required  by  said  compact  to  be  paid 
by  the  commonwealth  to  the  Connecticut  river  valley  flood 
control  commission  shall  be  paid  by  the  state  treasurer  to  the 
treasurer  of  said  commission  upon  its  requisition  therefor. 

Section  6.  To  meet  the  expenditures  necessary  to  carry 
out  the  provisions  of  article  IX  of  said  compact  relating  to 
the  payment  by  the  commonwealth  to  the  Connecticut  river 
valley  flood  control  commission  of  the  proportionate  share 
of  the  commonwealth  in  the  cost  of  acquisition  of  lands, 
easements  and  rights  of  way  for  the  dams  and  reservoirs 
therein  provided  as  the  initial  plan,  the  state  treasurer  shall 
upon  request  of  said  commission  issue  and  sell,  at  public  or 
private  sale,  bonds  of  the  commonwealth  registered  or  with 
interest  coupons  attached  as  he  may  deem  best  to  an  amount 
to  be  specified  by  said  commission  from  time  to  time,  but 
not  in  excess  of  one  million,  three  hundred  and  fifty  thousand 
dollars  in  the  aggregate,  nor  in  excess  of  six  hundred  and 
seventy-five  thousand  dollars  in  any  one  year.  All  such 
bonds  shall  be  designated  on  their  face,  —  Connecticut 
River  Valley  Flood  Control  Loan,  and  shall  be  on  the  serial 
payment  plan  for  such  maximum  term  of  years  as  the  gov- 
ernor may  recommend  to  the  general  court  in  accordance 
with  section  3  of  article  LXII  of  the  amendments  to  the  con- 
stitution of  the  commonwealth,  the  maturities  thereof  to  be 
so  arranged  that  the  amount  payable  each  year,  other  than 
the  final  year,  shall,  as  nearly  as  in  the  opinion  of  the  state 
treasurer  is  practicable,  be  equal.  Said  bonds  shall  bear 
interest  payable  semi-annually  at  such  rate  as  the  state 
treasurer,  with  the  approval  of  the  governor  and  council, 
shall  fix. 

Section  7.  There  may  be  expended  for  the  compensa- 
tion of  the  members  of  said  commission  appointed  by  the 
commonwealth  who  do  not  hold  salaried  state  office  and  for 
the  necessary  expenses  of  operation  and  maintenance  of 
structures  and  appurtenances  thereto  provided  for  under 
said  compact  such  sums  as  may  be  annually  appropriated 
therefor. 

Section  8.  The  state  planning  board  shall  make  or  cause 
to  be  made  such  studies  and  investigations  of  the  Connecti- 
cut river  and  its  tributaries,  with  particular  reference  to  the 
matter  of  possible  flood  control  reservoir  sites  on  such  tribu- 
taries and  the  availability  and  feasibility  of  the  same  in 
connection  with  the  further  extension  and  expansion  of  a 
comprehensive  program  of  flood  control  contemplated  under 
said  compact,  as  may  be  necessary  to  determine  the  char- 
acter and  location  of  reservoir  sites  which  would  be  most 
beneficial  to  the  commonwealth  as  a  part  of  such  program. 


450 


Acts,  1937. —Chap.  398. 


From  time  to  time  said  board  shall  report  its  findings  and 
recommendations  upon  the  foregoing  matters  to  the  general 
court.  Approved  May  28,  1937. 


G.  L.  (Ter. 
Ed.),  93, 
new  sections 
14A-14D, 
added. 

Sale  of  com- 
modities 
bearing 
trade  marks. 


C/irtp.398  An  Act  protecting  trade  mark  owners,  distributors 

AND  the  public  AGAINST  INJURIOUS  AND  UNECONOMIC 
PRACTICES  IN  THE  DISTRIBUTION  OF  ARTICLES  OF  STAND- 
ARD QUALITY  UNDER  A  TRADE  MARK,  BRAND  OR  NAME. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety-three  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  fourteen,  as  appearing  in 
the  Tercentenary  Edition,  under  the  heading  "Fair  Trade", 
the  four  following  new  sections:  —  Section  I4A.  No  con- 
tract relating  to  the  sale  or  resale  of  a  commodity  which 
bears,  or  the  label  or  container  of  which  bears,  the  trade 
mark,  brand  or  name  of  the  producer  or  owner  of  such  com- 
modity and  which  is  in  fair  and  open  competition  with  com- 
modities of  the  same  general  class  produced  by  others  shall 
be  deemed  in  violation  of  any  law  of  the  commonwealth  by 
reason  of  any  of  the  following  provisions  which  may  be  con- 
tained in  such  contract: 

(1)  That  the  buyer  will  not  resell  such  commodity  except 
at  the  price  stipulated  by  the  vendor. 

(2)  That  the  producer  or  vendee  of  a  commodity  require 
upon  the  sale  of  such  commodity  to  another,  that  such  pur- 
chaser agree  that  he  will  not,  in  turn,  resell  except  at  the 
price  stipulated  by  such  producer  or  vendee. 

Such  provisions  in  any  contract  shall  be  deemed  to  con- 
tain or  imply  conditions  that  such  commodity  may  be  resold 
without  reference  to  such  agreement  in  the  following  cases: 

(1)  In  closing  out  the  owner's  stock  for  the  purpose  of  dis- 
continuing dehvery  of  any  such  commodity;  provided,  that 
such  stock  is  first  offered  to  the  manufacturer  of  such  stock 
at  the  original  invoice  stock  price,  at  least  ten  days  before 
such  stock  shall  be  offered  for  sale  to  the  public. 

(2)  When  the  goods  are  damaged  or  deteriorated  in 
quality,  and  notice  is  given  to  the  public  thereof. 

(3)  By  any  officer  acting  under  the  orders  of  any  court. 

Section  I4B.  Wilfully  and  knowingly  advertising,  offer- 
ing for  sale  or  selling  any  commodity  at  less  than  the  price 
stipulated  in  any  contract  entered  into  pursuant  to  the  pre- 
ceding section,  whether  the  person  so  advertising,  offering 
for  sale  or  selling  is  or  is  not  a  party  to  such  contract,  is 
hereby  declared  to  constitute  unfair  competition  and  to  be 
actionable  at  the  suit  of  any  person  damaged  thereby. 

Section  I4C.  The  two  preceding  sections  shall  not  apply 
to  any  contract  or  agreement  between  producers  or  between 
wholesalers  or  between  retailers  as  to  sale  or  resale  prices. 

Section  I4D.  Sections  fourteen  A  to  fourteen  C,  inclu- 
sive, may  be  known  and  cited  as  the  "Fair  Trade  Law." 

Approved  May  28,  1937. 


Penalty. 


Application 
of  sections 
14A-14B. 


Law,  how 
cited. 


Acts,  1937.  —  Chap.  399.  451 


An  Act  abolishing  the  existing  board  of  parole  and  (JJkij)  399 
creating  a  parole  board  and  defining  its  powers  and  ^' 

DUTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  twenty-seven  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  five,  as  amended  by  ^'I'J'Jl', 
section  one  of  chapter  three  hundred  and  fifty  of  the  acts  of  amended, 
nineteen  hundred  and  thirty-four,  and  inserting  in  place 
thereof  the  following :  —  Section  5.     There  shall  be  in  the  Board  of 
department  a  parole  board,  consisting  of  five  members,  two  p^'"°'®- 
of  whom  shall  be  women.    Upon  the  expiration  of  the  term 
of  office  of  a  member,  his  or  her  successor  shall  be  appointed 
bj''  the  governor,  with  the  advice  and  consent  of  the  council, 
for  five  years.    The  governor  shall  designate  one  of  the  men 
members  as  chairman,  and  said  chairman  shall  receive  a 
salary  of  fifty-five  hundred  dollars.    The  other  men  members 
of  the  board  shall  each  receive  a  salary  of  forty-five  hundred 
dollars,  and  the  women  members  of  the  board  shall  each 
receive  a  salary  of  twenty-two  hundred  and  fifty  dollars.    All 
the  members  of  the  board  shall  constitute  the  parole  board 
having  jurisdiction  of  parole  matters  relating  to  women,  and 
only  the  men  members  of  the  board  shall  constitute  the 
parole  board  having  jurisdiction  over  parole  matters  relating 
to  men.    With  the  approval  of  the  commissioner,  said  board 
may  expend  annually  from  the  appropriation  for  contingent 
and  other  expenses  of  the  department  a  sum  not  exceeding 
two  hundred  dollars  for  examination  by  physicians  of  prison- 
ers whose  cases  come  before  said  board  for  action. 

Section  2.     Chapter  one  hundred  and  twenty-seven  of  GjL-  (Ter. 
the  General  Laws  is  hereby  amended  by  striking  out  section  §  129,  amended, 
one  hundred  and  twenty-nine,  as  appearing  in  the  Tercente- 
nary Edition,  and  inserting  in  place  thereof  the  following:  — 
Section  129.     The  commissioner  shall  furnish  to  the  parole  Board  to 
board  all  information  in  his  possession  relating  to  any  prisoner  fo1"e  aT""*^ 
whose  case  is  under  consideration.    No  permit  to  be  at  hberty  liberty. 
from  the  state  prison,  the  Massachusetts  reformatory,  the 
reformatory  for  women,  the  state  prison  colony,  or  the  de- 
fective delinquent  departments  of  the  state  farm  shall  be 
granted  until  the  prisoner  has  been  seen  by  said  board.    The 
warden  and  superintendents  of  the  penal  institutions  of  the 
commonwealth,  personally  or  by  a  representative,  shall  be 
present  at  all  meetings  of  the  parole  board  at  which  the  board 
votes  upon  the  matter  of  the  release  of  any  felon  or  defective 
delinquent  from  their  respective  institutions.    Each  member 
of  the  parole  board  shall  record  in  clear  and  concise  form  the 
reasons  for  his  or  her  decision  in  the  matter  of  granting  a 
permit  to  be  at  liberty  to  a  felon  or  defective  dehnquent. 

Section  3.     The  board  of  parole  existing  on  the  effective  Existing  board 
date  of  this  section  is  hereby  abolished,  and  all  books  and  ''''"''^^ed. 
papers  of  said  board  shall  upon  said  date  be  turned  over  to 
the  parole  board  created  by  this  act.    All  unexpended  bal- 


452 


Acts,  1937.  —  Chap.  399. 


Transfer  of 
powers. 


Appointment 
of  members. 


Effective 
date. 


ances  of  monies  heretofore  appropriated  for  said  board  of 
parole  shall  be  immediately  available  for  expenditure  by  said 
parole  board.  The  employees  of  said  board  of  parole  are 
hereby  transferred  to  serve  under  the  said  parole  board  with- 
out impairment  of  their  civil  service  status. 

Section  4.  The  powers  and  duties  of  the  board  of  parole 
abolished  by  this  act  shall  hereafter  be  exercised  and  per- 
formed by  the  parole  board  created  by  this  act,  and  when 
used  in  any  statute,  rule  or  regulation,  the  phrase  "board  of 
parole"  or  any  words  connoting  the  same  shall  mean  the 
said  parole  board  created  by  this  act,  unless  a  contrary 
intent  clearly  appears. 

Section  5.  The  governor,  with  the  advice  and  consent 
of  the  council,  shall  forthwith  appoint  three  men  and  two 
women  to  serve  as  the  parole  board  created  by  this  act  for 
one,  two,  three,  four  and  five  years,  respectively,  as  the 
governor  may  designate.  Upon  the  expiration  of  their  re- 
spective terms,  their  successors  shall  be  appointed  as  pro- 
vided in  section  one  of  this  act. 

Section  6.  Section  five  of  this  act  shall  take  effect  as 
soon  as  said  act  has  the  force  of  law  conformably  to  the  con- 
stitution and  all  other  provisions  thereof  shall  take  effect 
upon  the  appointment  of  the  initial  members  of  said  parole 
board  as  provided  in  said  section  five  and  their  qualification. 

Approved  May  28,1937. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  Boston,  May  28,  1937. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Commonwealth, 

State  House. 

Sir:  —  I,  Charles  F.  Hurley,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment 
of  the  Constitution,  "The  Referendum  II,  Emergency 
Measures,"  do  declare  that  in  my  opinion  the  immediate 
preservation  of  the  public  peace,  health,  safety  and  con- 
venience requires  that  the  law  passed  on  the  twenty-eighth 
day  of  May,  in  the  year  nineteen  hundred  and  thirty-seven, 
entitled,  "An  Act  abolishing  the  Existing  Board  of  Parole 
and  creating  a  Parole  Board  and  defining  its  Powers  and 
Duties, "  should  take  effect  forthwith,  that  it  is  an  emergency 
law  and  that  the  facts  constituting  the  emergency  are  as 
follows : 

Because  the  immediate  creation  of  the  Board  provided  for 
by  this  Act  will  afford  a  greater  measure  of  public  safety 
than  the  public  would  receive  at  the  hands  of  the  present 
membership  of  the  Board,  who,  although  thej^  have  been 
legislated  out  of  office  by  this  Act,  retain  for  at  least  ninety 
days,  the  authority  to  release  men  from  our  Penal  Institu- 
tions. The  usefulness  of  the  present  members  of  the  Board 
has  been  destroyed  by  the  passage  of  this  Act. 

Very  truly  yours, 

Charles  F.  Hurley, 

Governor. 


Acts,  1937.  —  Chap.  400.  453 

Office  of  the  Secretary,  Boston,  May  29,  1937. 

I  hereby  certify  that  the  accompanying  statement  was  filed 
in  this  office  by  His  Excellency  the  Governor  of  the  Common- 
wealth of  Massachusetts  at  twelve  o'clock  and  thirty  minutes 
A.M.,  on  the  above  date,  and  in  accordance  with  Article 
Forty-eight  of  the  Amendments  to  the  Constitution  said 
chapter  takes  effect  forthwith,  being  chapter  three  hundred 
and  ninety-nine,  acts  of  nineteen  hundred  and  thirty-seven. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 


An  Act  abolishing  the  board  of  tax  appeals  and  great-  CJiavAOO 

ING   the   appellate   TAX    BOARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  tax  appeals  created  by  section  Existing  board 
one  of  chapter  fifty-eight  A  of  the  General  Laws  and  whose  *'^°''«hed. 
membership  was  temporarily  increased  by  section  one  of 
chapter  three  hundred  and  twenty-one  of  the  acts  of  nine- 
teen hundred  and  thirty-three,  is  hereby  abolished  and  the 
jurisdiction  of  said  board  provided  by  section  six  of  said 
chapter  fifty-eight  A  or  by  any  other  provision  of  law  is 
hereby  transferred  to  the  appellate  tax  board  created  by 
this  act. 

Section  2.     The  title  of  said   chapter  fifty-eight  A  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  the  words  "Board  of  Tax  f^end^e^d^' 
Appeals"  and  inserting  in  place  thereof  the  words:  —  Appel-  xitie. 
late  Tax  Board. 

Section  3.     Said  chapter  fifty-eight  A  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  one,  as  appearing  in  the  §  i,  amended. 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol-  Appellate' 
lowing:  —  Section  1.     There  shall  be  in  the  department  of  tax  board, 
corporations  and  taxation,  but  in  no  manner  subject  to  the 
control  of  the  commissioner  of  said  department,  an  appellate 
tax  board,  in  this  chapter  referred  to  as  the  board,  consisting 
of  five  members  appointed  by  the  governor,  with  the  advice 
and  consent  of  the  council,  who  shall  be  designated  in  their 
initial  appointments  to  serve  respectivel}^  for  two,  three, 
four,  five  and  six  years  from  March  first  in  the  year  of  ap- 
pointment.    The  governor,  with  the  advice  and  consent  of 
the  council,  shall  designate  one  of  the  members  as  chairman. 
Upon  the  expiration  of  the  term  of  office  of  a  member,  his 
successor  shall  be  appointed  in  the  manner  aforesaid  for  six, 
years.    The  chairman  of  said  board  shall  receive  a  salary  of 
seventy-five  hundred  dollars  and  each  other  member  shall 
receive  a  salary  of  seven  thousand  dollars.    All  members  of 
the  board  shall  devote  their  whole  time  in  office  hours  to  the 
work  of  the  board. 

No  member  of  the  board  shall,  while  he  remains  a  member, 
act  as  attorney,  counsellor  or  accountant  in  an}'  contested 
matter  of  taxation  before  the  department  of  corporations 
and  taxation,  before  any  board  of  assessors  or  before  the 


powers. 


454  Acts,  1937.  —  Chap.  400. 

courts  of  the  commonwealth;  but  the  foregoing  shall  not  be 
construed  to  prevent  a  member  of  the  board  from  acting 
outside  of  office  hours  of  the  board  as  attorney,  counsellor 
or  accountant  in  any  tax  matters  other  than  those  dealing 
with  taxes  levied  by  the  commonwealth  or  by  a  subdivision 
thereof.  Not  more  than  three  members  of  the  board  shall 
be  members  of  the  same  political  party.  The  majority  of 
the  members  of  the  board  shall  constitute  a  quorum  for  the 
transaction  of  its  business,  except  that  the  board  may  pro- 
vide by  rule  for  the  decision  by  a  single  member  on  appeals 
from  a  board  of  assessors  where  the  assessed  value  of  the 
property  involved  in  the  appeal  does  not  exceed  twenty-five 
thousand  dollars,  and  also  in  cases  where  the  assessed  value 
exceeds  twenty-five  thousand  but  does  not  exceed  fifty  thou- 
sand dollars  when  the  appellant  gives  written  consent  to  a 
decision  by  a  single  member.  In  any  such  appeal  upon  the 
filing  of  such  written  consent  the  appeal  shall  be  advanced 
for  speedy  hearing.  A  vacancy  in  the  board  shall  not  impair 
its  powers  nor  affect  its  duties.  The  board  shall  have  a  seal 
which  shall  be  judicially  noticed. 
nowprl"'"^  Section  4.     The  appellate  tax  board  created  by  this  act 

shall  have  all  the  powers  heretofore  vested  in  the  board  of 
tax  appeals  abohshed  by  this  act,  and  all  references  in  gen- 
eral laws  or  in  any  other  provision  of  law  to  the  said  board 
of  tax  appeals  shall  be  deemed  to  refer  to  the  appellate  tax 
board  created  by  this  act.  No  party  to  a  proceeding  pend- 
ing before  the  said  board  of  tax  appeals  upon  the  effective 
date  of  this  act  shall  lose  any  rights  by  virtue  of  the  transfer 
of  jurisdiction  by  section  one  of  this  act,  except  the  loss  of 
the  right  to  a  decision  by  the  majority  of  the  board  in  cases  to 
be  decided  by  a  single  member  as  provided  by  section  one  of 
said  chapter  fifty-eight  A,  as  amended  by  section  three  of 
this  act,  and  except  that  such  proceeding  after  the  effective 
date  of  this  act  shall  be  dealt  with  in  all  respects  by  the  said 
appellate  tax  board  instead  of  by  the  said  board  of  tax 
appeals.  All  appeals,  and  matters  incidental  thereto,  pend- 
ing on  the  effective  date  of  this  act  before  the  said  board  of 
tax  appeals  shall  be  transferred  to  the  said  appellate  tax 
board  for  further  disposition  in  accordance  with  law.  Ap- 
peals, and  matters  incidental  thereto,  which  have  been  heard 
by  or  argued  before  the  said  board  of  tax  appeals  and  upon 
which  no  decision  has  been  made,  may,  by  an  agreement  in 
writing  between  the  appellant  and  the  appellee,  be  deter- 
mined by  the  said  appellate  tax  board  on  the  pleadings, 
evidence  and  arguments  filed  with  or  submitted  to  the  said 
board  of  tax  appeals.  The  appellate  tax  board  may  provide 
for  the  publication  and  sale  or  distribution  of  such  reports  or 
opinions  of  the  board  of  tax  appeals  as  are  of  public  interest, 
in  such  form  and  manner  as  it  may  deem  best  adapted  for 
public  convenience  and  use,  upon  such  terms  and  conditions 
as  may  be  approved  by  the  governor  and  council.  All  un- 
expended balances  of  monies  heretofore  appropriated  for 
the  board  of  tax  appeals  shall  be  immediately  available  for 


Acts,  1937.  —  Chap.  400.  455 

expenditure  by  the  said  appellate  tax  board.  All  furniture, 
equipment,  papers  and  other  propertj^  now  in  the  possession 
of  the  said  board  of  tax  appeals  shall  immediately  pass  into 
the  possession  of  the  appellate  tax  board. 

Section  5.  Within  forty  days  after  the  qualification  of  a  Employees 
majority  of  the  members  of  the  appellate  tax  board  created  °^  ^°^^^- 
by  this  act  the  board  shall,  subject  to  the  approval  of  the 
governor  and  council,  appoint  and  fix  the  compensation  of 
such  employees,  including  a  clerk,  as  it  may  deem  necessary 
for  the  efficient  and  economical  prosecution  of  the  business  of 
the  board.  So  far  as  is  practicable  and  consistent  with  the 
public  interest  and  with  the  eflficient  and  economical  per- 
formance of  the  functions  of  the  board,  the  persons  originally 
so  appointed  shall  be  persons  employed  in  similar  positions 
by  the  said  board  of  tax  appeals  on  or  before  December  first, 
nineteen  hundred  and  thirty-six.  When  so  appointed  such 
employees  shall  retain  any  step  increases  from  the  minimum 
pay  of  their  grade  earned  during  their  service  with  the  said 
board  of  tax  appeals,  and  for  retirement  purposes  their 
service  with  the  commonwealth  shall  be  deemed  to  be  con- 
tinuous as  defined  in  section  one  of  chapter  thir by-two  of  the 
General  Laws.  For  all  other  purposes,  the  period  of  em- 
ployment of  any  such  employee  with  the  said  board  of  tax 
appeals  shall  be  deemed  employment  with  the  appellate  tax 
board.  Subject  to  the  foregoing  provisions  of  this  section, 
all  employees  of  the  said  board  of  tax  appeals  on  the  effective 
date  of  this  act  shall  be  retained  in  the  employ  of  the  ap- 
pellate tax  board  created  by  this  act. 

Section  6.     Chapter  fifty-nine  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  sixty-four,  as  most  j'e^^Jetc*.. 
recently  amended  by  section  two  of  chapter  two  hundred  and  amended, 
eighteen  of  the  acts  of  nineteen  hundred  and  thirty-five,  and 
inserting  in  place  thereof  the  following:  —  Section  64.     A  Appeals  from 
person  aggrieved  by  the  refusal  of  assessors  to  abate  a  tax  abat^e^tax" 
msiy,  within  sixty  days  after  receiving  the  notice  provided 
in  the  preceding  section,  or  within  ninety  days  after  the  time 
when  the  application  for  abatement  is  deemed  to  be  refused 
as  hereinafter  provided,  appeal  therefrom  by  filing  a  com- 
plaint with  the  clerk  of  the  county  commissioners,  or  of  the 
board  authorized  to  hear  and  determine  such  complaints, 
for  the  county  where  the  property  taxed  lies,  and  if  on  hear- 
ing the  board  finds  that  the  property  has  been  overrated,  it 
shall  make  a  reasonable  abatement  and  an  order  as  to  costs. 
Whenever  a  board  of  assessors,  before  which  an  application 
in  writing  for  the  abatement  of  a  tax  is  or  shall  be  pending, 
fails  to  act  upon  said  application,  except  with  the  written 
consent  of  the  applicant,  prior  to  the  expiration  of  four 
months  from  the  date  of  filing  of  such  application  it  shall  then 
be  deemed  to  be  refused.     If  the  list  of  personal  property 
required  to  be  brought  into  the  assessors  was  not  brought  in 
within  the  time  specified  in  the  notice  required  by  section 
twenty-nine,  no  tax  upon  personal  property  shall  be  abated 
unless  the  board  appealed  to  finds  good  cause  for  this  delay 


456  Acts,  1937.  —  Chap.  400. 

or  unless  the  assessors  have  so  found  as  provided  in  section 
sixty-one,  or  unless  such  tax  exceeds  by  fifty  per  cent  the 
amount  which  would  have  been  assessed  on  such  estate,  if 
the  list  had  been  seasonably  brought  in,  and  in  such  case 
only  the  excess  over  such  fifty  per  cent  shall  be  abated.  A 
tax  or  assessment  upon  real  estate  may  be  abated  although 
no  list  of  property  was  brought  in  within  the  time  specified 
by  the  notice  required  by  section  twenty-nine;  provided, 
that  the  application  for  an  abatement  of  such  a  tax  or  assess- 
ment included  a  sufficient  description  of  the  particular  real 
estate  as  to  which  an  abatement  is  requested. 

Upon  the  filing  of  a  complaint  under  this  section  the  clerk 
of  the  county  commissioners  or  of  the  board  authorized  to 
hear  and  determine  the  same  shall  forthwith  transmit  a 
certified  copy  of  such  complaint  to  the  assessors  and  the 
assessors  or  the  city  solicitor  or  town  counsel  may  within 
thirty  days  after  receipt  of  said  copy  give  written  notice  to 
said  clerk  and  to  the  complainant  that  the  town  elects  to 
have  the  same  heard  and  determined  by  the  appellate  tax 
board.  Thereupon,  the  clerk  of  the  county  commissioners 
or  of  the  board  authorized  to  hear  and  determine  such  com- 
plaints shall  forward  all  papers  with  respect  to  such  com- 
plaint then  in  the  file  of  the  county  commissioners  or  other 
such  board  to  the  clerk  of  the  appellate  tax  board  and  pro- 
ceedings with  respect  to  such  complaint  shall  thenceforth 
be  continued  as  provided  in  chapter  fifty-eight  A.  If  upon 
hearing  the  appellate  tax  board  finds  that  the  complainant 
is  duly  entitled  to  an  abatement,  it  may  grant  him  such 
reasonable  abatement  as  justice  may  require,  and  shall  enter 
an  order  directing  the  treasurer  of  the  town  to  refund  said 
amount,  if  the  tax  sought  to  be  abated  has  been  paid,  to- 
gether with  all  charges  and  interest  at  five  per  cent  on  the 
amount  of  the  abatement  from  the  date  of  the  payment  of 
the  tax.  The  board  may  make  such  order  with  respect  to 
the  payment  of  costs  as  justice  may  require. 
Temporary  SECTION  7.     For  the  purposcs  of  the  appointment  of  the 

members  of  the  appellate  tax  board  created  by  this  act  and 
the  organization  of  said  board,  this  act  shall  take  effect  as 
soon  as  it  has  the  force  of  law  conformably  to  the  constitu- 
tion, and  for  all  other  purposes  it  shall  take  effect  upon  the 
qualification  of  a  majority  of  the  members  of  the  said  appel- 
late tax  board.  Approved  May  28,  1937. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  Boston,  May  28,  1937. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Conmionvealth, 

State  House. 

Sir: —  I,  Charles  F.  Hurley,  by  virtue  of  and  in  accordance 
with  the  provisions  of  the  Forty-eighth  Amendment  of  the 
Constitution,  "The  Referendum  II,  Emergency  Measures," 
do  declare  that  in  my  opinion  the  immediate  preservation 
of  the  public  peace,  health,  safety  and  convenience  requires 


provisions. 


Acts,  1937. —Chap.  401.  457 

that  the  law  passed  on  the  twenty-eighth  day  of  May,  in 
the  year  nineteen  hundred  and  thirty-seven,  entitled,  "An 
Act  abolishing  the  Board  of  Tax  Appeals  and  Creating  the 
Appellate  Tax  Board,"  should  take  effect  forthwith,  that  it 
is  an  emergency  law  and  that  the  facts  constituting  the 
emergency  are  as  follows: 

Because  public  convenience  will  be  affected  by  the  con- 
tinuance in  office  of  the  present  Board,  the  inefficiency  of 
which  has  so  impaired  its  proper  functioning  and  operation 
to  cause  a  loss  of  public  confidence. 

Very  truly  yours, 

Charles  F.  Hurley, 

Governor. 

Office  of  the  Secretary,  Boston,  May  29,  1937. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  twelve  o'clock  and 
thirty-one  minutes  a.m.,  on  the  above  date,  and  in  accord- 
ance with  Article  Forty-eight  of  the  Amendments  to  the 
Constitution  said  chapter  takes  effect  forthwith,  being 
chapter  four  hundred,  acts  of  nineteen  hundred  and  thirty- 
seven. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 

An  Act  further  amending  the  laws  relative  to  the  nhrj^^  ac\\ 

DETERMINATION    AND    ESTABLISHMENT    OF    MINIMUM    FAIR  ^' 

WAGE  RATES  FOR  WOMEN  AND  CHILDREN. 

Whereas,  The  deferred  operation  of  this  act  would  cause  Emergency 
substantial  injury  to  the  public  welfare  and  would  delay  preamble, 
necessary  protection  to  women  and  minors  engaged  in  indus- 
try in  this  commonwealth,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  fifty-one  of  the  g  l.  (Ter. 
General  Laws,  as  inserted  therein  by  section  one  of  chapter  Sricicen  out, 
three  hundred  and  eight  of  the  acts  of  nineteen  hundred  and  ^r^'^  "^w 
thirty-four  and  as  amended  by  sections  one  to  seventeen,  inserted.     ' 
inclusive,  of  chapter  four  hundred  and  thirtj^  of  the  acts  of 
nineteen  hundred  and  thirty-six,  is  hereby  further  amended 
by  striking  out  said  chapter,  as  so  amended,  and  inserting 
in  place  thereof  the  following:  — 

Chapter  151. 

Minimum  Fair  Wages  for  Women  and  Minors. 

Section  1.     It  is  hereby  declared  to  be  against  public  Certain  wage 
policy  for  any  emplo\^er  to  employ  any  woman  or  minor  in  e°c".!'rga?n,st 
an  occupation  in  this  commonwealth  at  an  oppressive  and  public  policy. 


458 


Acts,  1937. —Chap.  401. 


Definitions. 


Powers  of 
commission. 


unreasonable  wage,  as  defined  in  section  two,  and  any  con- 
tract, agreement  or  understanding  for  or  in  relation  to  such 
employment  shall  be  null  and  void. 

Section  2.  The  following  words  and  phrases  as  used  in 
this  chapter  shall  have  the  following  meanings,  unless  the 
context  clearly  requires  otherwise : 

"Commission",  the  minimum  wage  commission  which  is 
hereby  established  in  the  department  of  labor  and  industries, 
but  under  the  control  of  the  commissioner  of  labor  and  in- 
dustries, and  which  shall  consist  of  the  associate  commis- 
sioners of  labor  and  industries,  each  of  whom  shall  be  entitled 
to  necessary  traveling  expenses. 

"A  directory  order",  an  order  the  violation  of  which  is  not 
subject  to  the  penalties  prescribed  in  subsection  (2)  of  sec- 
tion nineteen. 

"A  fair  wage",  a  wage  fairly  and  reasonably  commensurate 
with  the  value  of  the  service  or  class  of  service  rendered.  In 
establishing  a  minimum  fair  wage  for  any  service  or  class 
of  service  under  this  chapter  the  commissioner  and  the  wage 
board  without  being  bound  by  any  technical  rules  of  evi- 
dence or  procedure  (1)  may  take  into  account  the  cost  of 
living  and  all  other  relevant  circumstances  affecting  the  value 
of  the  service  or  class  of  service  rendered,  (2)  may  be  guided 
by  like  considerations  as  would  guide  a  court  in  a  suit  for 
the  reasonable  value  of  services  rendered  where  services  are 
rendered  at  the  request  of  an  employer  in  the  absence  of  an 
express  contract  as  to  the  amount  of  the  wage  to  be  paid, 
and  (3)  may  consider  the  wages  paid  in  the  commonwealth 
for  work  of  like  or  comparable  character  by  employers  who 
voluntarily  maintain  minimum  fair  wage  standards. 

"A  mandatory  order",  an  order  the  violation  of  which  is 
subject  to  the  penalties  prescribed  in  subsection  (2)  of  sec- 
tion nineteen. 

"An  oppressive  and  unreasonable  wage",  a  wage  which  is 
both  less  than  the  fair  and  reasonable  value  of  the  services 
rendered  and  less  than  sufficient  to  meet  the  minimum  cost 
of  living  necessary  for  health. 

"Commissioner",  the  commissioner  of  labor  and  industries. 

"Department",  the  department  of  labor  and  industries. 

"Minor",  a  person  of  either  sex  under  the  age  of  twenty- 
one  years. 

"Occupation",  an  industry,  trade  or  business  or  branch 
thereof  or  class  of  work  therein  in  which  women  or  minors 
are  gainfully  employed,  but  shall  not  include  domestic 
service  in  the  home  of  the  employer  or  labor  on  a  farm. 

"Wage  board",  a  board  created  as  provided  in  sections 
four  and  five. 

"Woman",  a  female  of  twenty-one  years  or  over. 

Section  3.  The  commissioner,  or  his  authorized  repre- 
sentative, shall  have  full  power  and  authority: 

1.  To  investigate  and  ascertain  the  wages  of  women  and 
minors  employed  in  any  occupation  in  the  commonwealth; 


Acts,  1937. —Chap.  401.  459 

2.  To  enter  the  place  of  business  or  employment  of  any 
employer  of  women  and  minors  in  any  occupation  for  the 
purpose  of  examining,  inspecting  and  making  a  transcript 
of  any  and  all  books,  registers,  pay-rolls,  and  other  records 
of  any  employer  of  women  or  minors  that  in  any  way  apper- 
tain to  or  have  a  bearing  upon  the  question  of  wages  of  any 
such  women  or  minors  and  for  the  purpose  of  ascertaining 
whether  the  orders  of  the  commissioner  have  been  and  are 
being  complied  with;   and 

3.  To  require  from  such  employer  full  and  correct  state- 
ments in  writing  when  the  commissioner,  or  his  authorized 
representative,  deem  necessary,  of  the  wages  paid  to  all 
women  and  minors  in  his  employ,  such  statements  to  be 
under  oath  or  accompanied  by  a  written  declaration  that 
they  are  made  under  the  penalties  of  perjury. 

4.  To  carry  out  the  provisions  of  this  chapter. 

Section  4-  The  commissioner  shall  have  the  power,  and  ^^^ions'^^" 
it  shall  be  his  duty  on  the  petition  of  fifty  or  more  citizens 
of  the  commonwealth,  to  cause  an  investigation  to  be  made 
by  any  of  his  authorized  representatives,  of  the  wages  paid 
to  women  or  minors  in  any  occupation  in  order  to  ascertain 
whether  any  substantial  number  of  women  or  minors  in  such 
occupation  are  receiving  oppressive  and  unreasonable  wages. 
If,  on  the  basis  of  information  in  the  possession  of  the  com- 
missioner, with  or  without  a  special  investigation,  he  is  of  the 
opinion  that  any  substantial  number  of  women  or  minors  in 
any  occupation  or  occupations  are  receiving  oppressive  and 
unreasonable  wages,  he  shall  direct  the  commission  to  ap- 
point a  wage  board  to  report  upon  the  establishment  of 
minimum  fair  wage  rates  for  such  women  or  minors  in  such 
occupation  or  occupations. 

Section  5.  A  wage  board  shall  be  composed  of  not  more  wage 
than  three  persons  to  represent  the  employers  in  any  occu-  ^°^^^^- 
pation  or  occupations,  an  equal  number  of  persons  to  repre- 
sent the  employees  in  such  occupation  or  occupations,  and 
of  not  more  than  three  disinterested  persons  to  represent 
the  public,  one  of  whom  shall  be  designated  by  the  commis- 
sion as  chairman  of  the  board.  The  commission  shall  ap- 
point the  members  of  such  wage  board,  the  representatives 
of  the  employers  and  employees  to  be  selected  so  far  as  prac- 
ticable from  nominations  submitted  by  employers  and  em- 
ployees in  such  occupation  or  occupations.  Two  thirds  of 
the  members  of  such  wage  board  shall  constitute  a  quorum 
and  the  recommendations  or  report  of  such  wage  board  shall 
require  a  vote  of  not  less  than  a  majority  of  all  its  members. 
Members  of  a  wage  board  shall  be  entitled  to  compensation 
at  the  rate  of  five  dollars  per  day  for  each  meeting  attended 
by  them  or  each  day  actually  spent  in  the  work  of  the  board. 
They  shall  also  be  paid  their  reasonable  and  necessary  travel- 
ling and  other  expenses  while  engaged  in  the  performance  of 
their  duties.  The  commission  shall  make  and  establish  from 
time  to  time  rules  and  regulations  not  inconsistent  herewith 


460 


Acts,  1937. —Chap.  401. 


Information 
to  be  fur- 
nished to 
wage  boards. 


Report  of 
wage  board. 


Acceptance 
or  rejection 
of  report. 


governing  the  selection  of  a  wage  board  and  its  mode  of 
procedure. 

Section  6.  The  commissioner  shall  present  to  a  wage 
board  prompth'^  iipon  its  organization  all  the  evidence  and 
information  in  his  possession  relating  to  the  wages  of  women 
and  minors  in  the  occupation  or  occupations  for  which  the 
wage  board  was  appointed  and  all  other  information  which 
he  deems  relevant  to  the  establishment  of  a  minimum  fair 
wage  for  such  women  and  minors.  The  commission  shall 
cause  to  be  brought  before  the  board  any  witnesses  whom  it 
deems  material.  A  wage  board  may  summon  other  witnesses 
or  call  upon  the  commissioner  to  furnish  additional  informa- 
tion to  aid  it  in  its  deliberations. 

Section  7.  Within  sixty  days  of  its  organization  a  wage 
board  shall  submit  a  report  including  its  recommendations 
as  to  minimum  fair  wage  rates  for  the  women  or  minors  in 
the  occupation  or  occupations  the  wage  rates  of  which  the 
wage  board  was  appointed  to  investigate.  If  its  report  is  not 
submitted  within  such  time  the  commission  may  constitute 
a  new  wage  board.  A  wage  board  may  differentiate  and 
classify  employments  in  any  occupation  according  to  the 
nature  of  the  service  rendered  and  recommend  appropriate 
minimum  fair  wage  rates  for  different  classes  of  employment. 
A  wage  board  may  also  recommend  minimum  fair  wage  rates 
varying  with  localities  if  in  its  judgment  conditions  make 
such  local  differentiation  proper  and  will  not  cause  unreason- 
able discrimination  against  any  locality.  A  wage  board  may 
recommend  a  suitable  scale  of  rates  for  learners  and  appren- 
tices in  any  occupation  or  occupations,  which  scale  of  learners' 
and  apprentices'  rates  may  be  less  than  the  regular  minimum 
fair  wage  rates  recommended  for  experienced  women  or 
minors  in  such  occupation  or  occupations.  In  addition  to 
its  report  a  wage  board  may  separately  recommend  such 
administrative  regulations  as  it  may  deem  appropriate  to 
safeguard  the  minimum  fair  wage  rates  recommended  in  its 
report. 

Section  8.  A  wage  board  shall  submit  its  report  and  any 
proposed  administrative  regulations  to  the  commission  which 
shall  within  ten  days  thereafter  accept  or  reject  such  report. 
During  such  ten  days  the  commission  may  confer  with  the 
wage  board  which  may  make  such  changes  in  the  report  or 
proposed  administrative  regulations  as  it  may  deem  fit.  If 
the  report  is  rejected  the  commission  shall  resubmit  the 
matter  to  the  same  wage  board  or  to  a  new  wage  board.  If 
the  report  is  accepted  it  shall  be  published,  together  with 
such  of  the  administrative  regulations  recommended  by  the 
board  and  such  amendments  and  rescissions  thereof  as  the 
commission  may  approve,  and  together  with  such  additional 
administrative  regulations  as  the  commission  may  deem 
necessary  or  appropriate  as  a  further  safeguard  to  the  mini- 
mum fair  wage  rates.  Such  administrative  regulations  may 
include  among  others  regulations  defining  and  governing 
learners  and  apprentices,  their  rates,  number,  proportion  or 


Acts,  1937. —Chap.  401.  461 

length  of  service,  piece  rates  or  their  relation  to  time  rates, 
overtime  or  part-time  rates,  bonuses  or  special  pay  for  special 
or  extra  work,  deductions  for  board,  lodging,  apparel  or  other 
items  or  services  supplied  by  the  employer,  and  other  special 
conditions  or  circumstances;  and  in  view  of  the  diversities 
and  complexities  of  different  occupations  and  the  dangers  of 
evasion  and  nullification,  the  commission  may  provide  in 
such  regulations  without  departing  from  the  basic  minimum 
rates  recommended  by  the  wage  board  such  modifications  or 
reductions  of  or  additions  to  rates  in  or  for  special  cases  or 
classes  of  cases  herein  enumerated  as  it  may  find  appropriate 
to  safeguard  the  basic  minimum  rates  established.  The 
commission  shall  give  notice  of  a  public  hearing,  to  be  held 
by  it  not  sooner  than  fifteen  nor  later  than  thirty  days  after 
such  publication,  at  which  all  persons  in  favor  of  or  opposed 
to  the  recommendations  contained  in  such  report  or  to  the 
proposed  administrative  regulations  may  be  heard.  Within 
ten  days  after  such  hearing  the  commission  shall  approve  or 
disapprove  the  report  of  the  wage  board.  If  the  report  is 
disapproved  the  commission  shall  resubmit  the  matter  to 
the  same  wage  board  or  to  a  new  wage  board.  If  the  report 
is  approved  the  commission  shall  transmit  it  to  the  commis- 
sioner, who  shall  issue  a  directory  order  which  shall  define 
minimum  fair  wage  rates  in  the  occupation  or  occupations  as 
recommended  in  the  report  of  the  wage  board  and  such  di- 
rectory order  shall  include  the  regulations  as  approved  by 
the  commission. 

Section  9.  For  any  occupation  for  which  minimum  fair  Special  em- 
wage  rates  have  been  established,  the  commission  may  cause  ucen^l"* 
to  be  issued  to  a  woman  or  minor,  including  a  learner  or 
apprentice,  whose  earning  capacity  is  impaired  by  age  or 
physical  or  mental  deficiency  or  injury,  a  special  license 
authorizing  employment  at  such  wages  less  than  such  mini- 
mum fair  wage  rates  and  for  such  period  of  time  as  shall  be 
fixed  by  the  commission  and  stated  in  the  license. 

Section  10.  If  at  any  time  after  a  directory  minimum  fair  Mandatory 
wage  order  has  been  in  effect  for  three  months  the  commis-  "segued."  ^°'^ 
sioner  is  of  the  opinion,  that  persistent  non-observance  of 
such  order  by  one  or  more  emploj^ers  is  a  threat  to  the  main- 
tenance of  fair  minimum  wage  rates  in  any  occupation  or 
occupations,  the  commissioner  may  make  such  order  manda- 
tory and  after  such  order  is  made  mandatory  it  shall  be  un- 
lawful for  an}'  employer  in  said  occupation  to  employ  women 
or  minors  for  less  than  the  rate  of  wage  specified  in  said  order 
in  the  said  occupation.  The  commissioner  shall  send  by 
mail  so  far  as  is  practicable  to  each  emploj'er  in  the  occupa- 
tion in  question  a  copy  of  the  order,  and  each  cmploj^er 
shall  be  required  to  post  a  copy  of  said  order  in  each  room 
in  which  women  or  minors  affected  by  the  order  are  em- 
ployed. 

Section  11.  If  the  commissioner  has  reason  to  believe  Enforcement 
that  any  employer  is  not  observing  any  directory  or  manda-  hlarings%tc. 
tory  order,  the  commissioner  may,  on  fifteen  days'  notice, 


462 


Acts,  1937. —Chap.  401. 


Reconsidera- 
tion and  modi- 
fication of 
orders. 


Same 
subject. 


summon  such  employer  to  appear  before  the  commissioner 
to  show  cause  why  the  name  of  such  employer  should  not  be 
published  as  having  failed  to  observe  the  provisions  of  such 
order.  After  a  hearing  and  the  finding  of  non-observance  of 
such  order  by  the  commissioner,  he  may  cause  to  be  published 
in  such  newspaper  or  newspapers  within  this  commonwealth 
or  in  such  other  manner  as  he  may  deem  appropriate,  the 
name  of  any  such  employer  or  employers  as  having  failed 
in  the  respects  stated  to  observe  the  provisions  of  such  order. 
Neither  the  commissioner  nor  any  authorized  representative 
of  the  commissioner  nor  any  newspaper  publisher,  proprietor, 
editor,  or  employee  thereof  shall  be  liable  to  an  action  for 
damages  for  publishing  the  name  of  any  employer  as  pro- 
vided herein  unless  guilty  of  wilful  misrepresentation. 

Section  12.  At  any  time  after  a  minimum  fair  wage  order 
has  been  in  effect  for  one  year  or  more,  whether  during  such 
period  it  has  been  directory  or  mandatory,  the  commissioner 
may  on  his  own  motion  and  shall  on  petition  of  fifty  or  more 
citizens  of  the  commonwealth  reconsider  the  minimum  fair 
wage  rates  established  therein  and  direct  the  commission  to 
reconvene  the  same  wage  board  or  appoint  a  new  wage  board 
to  consider  and  recommend  whether  and  to  what  extent,  if 
anj^,  the  rate  or  rates  contained  in  such  order  should  be 
modified.  Such  report  of  such  wage  board  shall  be  dealt 
with  in  the  manner  prescribed  in  sections  seven  and  eight; 
provided,  that  if  the  order  under  reconsideration  has  there- 
tofore been  made  mandatory  in  whole  or  in  part  by  the  com- 
missioner under  section  ten  then  the  commissioner  in  making 
any  new  order  or  confirming  any  old  order  shall  have  power 
to  declare  to  what  extent  such  order  shall  be  directory  and 
to  what  extent  mandatory. 

Section  13.  The  commission  may  at  any  time  and  from 
time  to  time  propose  such  modifications  of  or  additions  to 
any  administrative  regulations  included  in  any  directory  or 
mandatory  order  of  the  commissioner  without  reference  to 
a  wage  board,  as  the  commission  may  deem  appropriate  to 
effectuate  the  purposes  of  this  chapter,  provided  such  pro- 
posed modifications  or  additions  could  legally  have  been  in- 
cluded in  the  original  order,  and  shall  give  notice  of  a  public 
hearing  to  be  held  by  the  commission  not  less  than  fifteen 
days  after  such  notice,  at  which  hearing  all  persons  in  favor 
of  or  opposed  to  such  proposed  modifications  or  additions 
may  be  heard.  Notice  of  such  hearing  shall  be  given  by 
publication  and  in  such  other  manner  as  the  commission 
may  determine.  After  such  hearing  the  commissioner  may 
make  an  order  putting  into  effect  such  proposed  modifications 
of  or  additions  to  the  administrative  regulations  as  he  deems 
appropriate,  and  if  the  order  of  which  the  administrative 
regulations  form  a  part  has  heretofore  been  made  manda- 
tory in  whole  or  in  part  by  the  commissioner  under  section 
ten  then  the  commissioner  in  making  any  new  order  shall 
have  the  power  to  declare  to  what  extent  such  order  shall 
be  directory  and  to  what  extent  mandatory. 


Acts,  1937. —Chap.  401.  463 

Section  lA.     Any  person  aggrieved  by  an\'  decision  of  the  Appeal  from 

1      •  ,•,•  •  '     J.1  •  J.    decisions  of 

commissioner  may  bring  a  petition  m  the  superior  court  commission. 
praying  that  such  decision  of  the  commissioner  may  be  re- 
viewed by  the  court,  and,  after  such  notice  to  the  commis- 
sioner as  the  court  deems  necessary,  it  shall  review  such 
decision,  hear  the  evidence  and  make  such  order  approving, 
in  whole  or  in  part,  or  setting  aside,  in  whole  or  in  part,  the 
decision  appealed  from  as  justice  may  require,  and  may  refer 
any  matter  or  issue  arising  in  the  proceedings  to  the  commis- 
sioner for  further  consideration.  The  filing  of  the  petition 
shall  not  stay  proceedings  upon  the  decision  appealed  from, 
but  the  court  may,  on  application,  after  notice  to  the  com- 
missioner and  for  cause  shown,  grant  a  restraining  order. 
Upon  any  such  petition  the  court  may  take  evidence  with- 
out being  bound  by  any  technical  rules  of  evidence  or  proce- 
dure, to  the  end  that  any  evidence  may  be  received  which  the 
court  considers  probative. 

Section  15.  Every  employer  of  women  and  minors  shall  ke'?p'rJcOT^ds° 
keep  a  true  and  accurate  record  of  the  name,  address  and 
occupation  of  each  such  employee,  of  the  age  of  each  minor, 
of  the  amount  paid  each  pay  period  to  each  woman  and 
minor,  of  the  hours  worked  each  day  and  each  week  by  each 
woman  and  minor,  and  such  other  information  as  the  com- 
missioner in  his  discretion  shall  deem  material  and  neces- 
sary. Such  records  shall  be  kept  on  file  for  at  least  one  year 
after  the  entry  date  of  the  record.  Such  records  shall  be 
open  to  the  inspection  of  the  commissioner  or  his  authorized 
representatives  at  any  reasonable  time,  and  they  shall  have 
the  right  to  make  a  transcript  thereof.  Every  employer  shall 
furnish  to  the  commissioner,  or  his  authorized  representative, 
on  demand,  a  sworn  statement  of  such  record,  and,  if  the 
commissioner  shall  so  require,  upon  forms  prescribed  or  ap- 
proved by  him. 

Section  16.  Every  employer  subject  to  a  minimum  fair  Copies  of 
wage  order  whether  directory  or  mandatory  shall  keep  a  copy  posted.*"  ^ 
of  such  order  posted  in  a  conspicuous  place  in  every  room  in 
which  women  or  minors  are  employed.  Employers  shall  be 
furnished  copies  of  orders  on  request  without  charge.  The 
commissioner  may  require  each  employer  in  any  occupation 
subject  to  this  chapter  to  post  notices  of  hearings  of,  and 
nominations  for,  wage  boards,  or  orders  which  apply  to  such 
employer's  employees,  in  such  reasonable  way  or  ways  and 
for  such  length  of  time  as  he  may  direct. 

Section  17.     Each  employer  shall   permit  any  duly  au- officers,  etc., 
thorized  officer  or  employee  of  the  department  to  question  not''to'be?nter- 
any  employee  of  such  employer  in  the  place  of  employment  ^''^^'■^  ^'t'^- 
and  during  work  hours  in  respect  to  the  wages  paid  to  and 
the  hours  worked  by  women  and  minors. 

Section  18.     In  the  discharge  of  the  duties  prescribed  by  Power  to 
this  chapter,  any  member  of  the  commission  or  of  a  wage  ^itnTsses. 
board  shall  have  power  to  administer  oaths,  take  depositions 
similar  to  those  in  civil  actions,  and  to  require  by  summons 
the  attendance  of  witnesses,  the  production  of  books,  papers, 


464 


Acts,  1937. —Chap.  401. 


Discrimina- 
tion prohibited. 


Recovery 
for  failure 
to  pay  mini- 
mum wage. 


documents  and  records,  necessary  or  convenient  to  be  used 
in  connection  with  the  performance  of  his  duties.  Witnesses 
summoned  shall  be  paid  the  same  fees  as  witnesses  summoned 
to  appear  before  courts. 

Section  19.  (1)  Any  employer  and  his  agent,  or  the  officer 
or  agent  of  any  corporation,  who  discharges  or  in  any  other 
manner  discriminates  against  any  employee  because  such 
employee  has  served  or  is  about  to  serve  on  a  wage  board 
or  has  testified  or  is  about  to  testify  before  any  wage  board 
or  in  any  other  investigation  or  proceeding  under  or  related 
to  this  chapter  or  because  such  employer  believes  that  said 
employee  may  serve  on  any  wage  board  or  may  testify  before 
any  wage  board  or  in  any  investigation  or  proceeding  under 
this  chapter  shall  be  punished  by  a  fine  of  not  less  than  fifty 
nor  more  than  two  hundred  dollars. 

(2)  Any  emploj^er  or  the  officer  or  agent  of  any  corpora- 
tion who  pays  or  agrees  to  pay  to  any  woman  or  minor  em- 
ploj^ee  less  than  the  rates  applicable  to  such  woman  or  minor 
under  a  mandatory  minimum  fair  wage  order  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  nor  more  than  two 
hundred  dollars  or  by  imprisonment  for  not  less  than  ten 
nor  more  than  ninety  days  or  by  both  such  fine  and  imprison- 
ment, and  each  week  in  any  day  of  which  such  employee  is 
paid  less  than  the  rate  applicable  to  him 'under  a  mandatory 
minimum  fair  wage  order  and  each  employee  so  paid  less 
shall  constitute  a  separate  offence. 

(3)  Any  employer  or  the  officer  or  agent  of  any  corpora- 
tion who  fails  to  keep  the  records  required  under  this  chapter 
or  to  furnish  such  records  to  the  commissioner,  or  any  au- 
thorized representative  of  the  commissioner  upon  request, 
or  who  falsifies  such  records,  or  who  fails  to  comply  with  any 
requirement  of  the  commissioner  under  the  last  sentence  of 
section  sixteen,  or  who  hinders  or  delays  the  commissioner 
or  any  authorized  representative  of  the  commissioner  in  the 
performance  of  his  duties,  or  who  refuses  to  admit,  or  locks 
out,  such  commissioner,  or  such  authorized  representative 
from  any  place  of  employment  which  he  is  authorized  to 
inspect,  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars,  and  each  day  of  such 
failure  to  keep  such  records  or  to  furnish  to  the  commissioner 
or  any  authorized  representative  of  the  commissioner  such 
records  or  other  information  as  may  be  required  for  the 
proper  enforcement  of  this  chapter  shall  constitute  a  sepa- 
rate offence. 

Section  20.  If  any  woman  or  minor  is  paid  by  an  employer 
less  than  the  minimum  fair  wage  to  which  such  woman  or 
minor  is  entitled  under  or  by  virtue  of  a  mandatory  mini- 
mum fair  wage  order  such  woman  or  minor  may  recover  in 
a  civil  action  the  full  amount  of  such  minimum  wage  less 
any  amount  actually  paid  to  such  woman  or  minor  by  the 
emploj^er,  together  with  costs  and  such  reasonable  attorney's 
fees  as  may  be  allowed  by  the  court,  and  any  agreement 
between  such  woman  or  minor  and  the  employer  to  work 


Acts,  1937.  —  Chap.  402.  465 

for  less  than  such  mandatory  minimum  fair  wage  shall  be 
no  defence  to  such  action.  At  the  request  of  any  woman  or 
minor  paid  less  than  the  minimum  wage  to  which  such  woman 
or  minor  is  entitled  under  a  mandatory  minimum  fair  wage 
order  the  commissioner  may  take  an  assignment  of  such 
wage  claim  in  trust  for  the  assigning  employee  and  may 
bring  any  legal  action  necessary  to  collect  such  claim,  and 
the  employer  shall  be.  required  to  pay  the  costs  and  such 
reasonable  attorney's  fees  as  may  be  allowed  by  the  court. 
The  commissioner  shall  not  be  required  to  pay  a  filing  fee  in 
connection  with  any  such  action. 

Section  21 .     This  chapter  shall  be  known  and  may  be  Law,  how 
cited  as  the  minimum  fair  wage  for  women  and  minors  law.  "'®'^- 

Section  2.     If  any  provision  of  this  act  or  the  applica-  Constitu- 
tion thereof  to  any  person  or  circumstance  is  held  invalid  *'°°''^"^y- 
the  remainder  of  the  act  and  the  application  of  such  provision 
to   other   persons   or   circumstances  shall   not   be   affected 
thereby. 

Section  3.  This  act  shall  not  be  construed  to  abrogate  Operation  and 
or  invalidate  any  proceedings  hitherto  taken  or  pending  on  ^^®*^*  °^  **'*• 
its  effective  date  under  chapter  one  hundred  and  fifty-one 
of  the  General  Laws,  as  in  effect  immediately  prior  to  such 
date,  or  to  alter  or  modify  the  effect  of  any  decree  or  order 
made  under  the  provisions  of  said  chapter  as  so  in  effect, 
but  all  such  proceedings  may  be  completed  in  accordance 
with  said  chapter  as  so  in  effect,  and  such  decrees  and  orders 
shall  continue  to  be  in  full  force  and  effect  until  expressly 
amended,  modified  or  revoked  in  accordance  with  chapter 
one  hundred  and  fifty-one  as  revised  by  this  act. 

Approved  May  29,  1937. 


An  Act  ratifying  a  proposed  compact  between  the  com-  QJkuj  4Q2 

MONWEALTH  AND  THE  STATES  OF  CONNECTICUT,  NEW 
HAMPSHIRE  AND  VERMONT  RELATIVE  TO  FLOOD  CONTROL 
IN  THE  CONNECTICUT  RIVER  VALLEY  AND  PROVIDING  FOR 
THE  APPOINTMENT  AND  COMPENSATION  OF  THE  MEMBERS 
REPRESENTING  THE  COMMONWEALTH  UPON  THE  COMMIS- 
SION  THEREBY    ESTABLISHED. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  therefore  it  is  herebj^  declared  to  be  ^'^^^'^  ^' 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  planning  board,  by  its  chairman, 
is  hereby  authorized  to  enter  into  and  execute  on  the  part 
of  this  commonwealth  and  in  its  name  and  behalf,  with  the 
states  of  Connecticut,  New  Hampshire  and  Vermont,  by 
and  through  the  commissioners  or  other  officers  who  may  be 
authorized  thereto  b}^  the  legislatures  of  said  respective 
states,  a  compact  in  the  following  form: 


466  Acts,  1937.  —  Chap.  402. 

Whereas,  The  Commonwealth  of  Massachusetts  and  the  States  of 
Connecticut,  New  Hampshire  and  Vermont  recognize  that  destructive 
floods  upon  the  Connecticut  River,  upsetting  orderly  processes  and 
causing  loss  of  life  and  property,  including  the  erosion  of  lands,  and 
impairing  and  obstructing  highways,  railroads  and  other  channels  of 
commerce  between  the  aforesaid  states,  constitute  a  menace,  and  that 
investigations  and  improvements  of  said  Connecticut  River  and  its 
tributaries,  including  the  watersheds  thereof,  for  flood  control  purposes 
are  in  the  interest  of  the  general  welfare  of  the  aforesaid  states;   and 

Whereas,  Under  Section  4  of  an  Act  of  the  Congress  of  the  United 
States  of  America  entitled  "Public  —  No.  738  —  74th  Congress  —  An 
Act  authorizing  the  construction  of  certain  public  works  on  rivers  and 
harbors  for  flood  control,  and  for  other  purposes,"  approved  June  22, 
1936,  "the  consent  of  Congress"  was  "given  to  any  two  or  more  states 
to  enter  into  compacts  or  agreements  in  connection  with  any  project 
or  operation  authorized  by  such  act  for  flood  control  or  the  prevention 
of  damage  to  life  or  property  by  reason  of  floods,  upon  any  stream  or 
streams  or  their  tributaries  which  lie  in  two  or  more  such  states,  for 
the  purpose  of  providing,  in  such  manner  and  such  proportion  as  may 
be  agreed  upon  by  said  states  and  approved  by  the  Secretary  of  War, 
funds  for  construction  and  maintenance,  for  the  payments  of  damages, 
and  for  the  purchase  of  lands,  easements  and  rights  of  way  in  con- 
nection with  such  project  or  operation;"    and 

Whereas,  The  Connecticut  River,  together  with  its  tributaries,  is 
such  a  waterway  as  is  defined  in  said  Act  of  Congress  above  referred 
to,  and  the  adequate  and  proper  regulation  of  the  destructive  floods 
hereinbefore  referred  to  upon  said  Connecticut  River  and  its  tribu- 
taries can  best  be  accomplished  by  the  mutual  agreement  and  co- 
operation of  the  states  hereinbefore  named,  by  and  through  a  joint  or 
common  agency;    and 

Whereas,  Under  and  by  the  terms  of  said  Act  of  Congress,  herein- 
before referred  to,  the  entire  cost  of  construction  of  the  various  proj- 
ects for  flood  control  therein  defined  is  to  be  paid  and  discharged  by 
the  United  States,  and  the  signatory  states  hereto  desire  to  avail 
themselves  of  the  advantages  and  benefits  accruing  to  them  thereby 
and  to  be  relieved  of  such  cost  of  construction. 

Now,  therefore.  The  said  Commonwealth  of  Massachusetts  and  States 
of  Connecticut,  New  Hampshire  and  Vermont  do  hereby  enter  into 
the  following  compact,  to  wit: 

Article  I. 

The  principal  purposes  of  this  compact  are: 

(a)  To  promote  interstate  comity  among  and  between  the  signatory 
states; 

(5)  To  provide  adequate  storage  capacity  for  impounding  the 
waters  of  the  Connecticut  River  and  its  tributaries,  designed  primarily 
for  the  protection  of  life  and  property  from  floods; 

(c)  To  provide  a  joint  or  common  agency  through  which  the  signa- 
tory states,  while  promoting,  protecting  and  preserving  to  each  the 
local  interest  and  sovereignty  of  the  respective  signatory  states,  may 
more  effectively  co-operate  in  accomplishing  the  object  of  flood  control 
in  the  basin  of  the  Connecticut  River  and  its  tributaries,  and,  among 
other  things: 

(1)  To  acquire  by  lease  from  the  states  signatory  hereto,  or  some  of 
them,  all  lands,  easements  and  rights  of  way  necessary  for  the  con- 
struction of  the  projects  herein  contemplated,  without  cost  to  the 
United  States,  except  as  provided  in  said  Act  of  Congress  hereinbefore 
referred  to; 

(2)  To  hold  and  save  the  United  States  free  from  damages  due  to 
the  construction  works; 

(3)  To  maintain  and  operate  all  the  works  herein  contemplated  after 
completion  in  accordance  with  regulations  prescribed  by  the  Secretary 
of  War; 

(4)  To  accept  from  the  signatory  states  hereto,  and  from  any  other 
source,  contributions  of  moneys  as  hereinafter  set  forth  for  the  purposes 


Acts,  1937.  —  Chap.  402.  467 

herein  set  forth,  including  without  hmiting  the  same,  funds  for  the 
acquisition  of  lands,  easements  and  rights  of  way,  for  the  payment  of 
damages  and  for  the  operation  and  maintenance  of  said  Hood  control 
reservoirs,  and  the  expenses  incidental  thereto  and  to  the  functions 
of  the  Connecticut  River  Valley  Flood  Control  Commission  hereinafter 
created. 

Article  II, 

There  is  hereby  created  "The  Connecticut  River  Valley  Flood  Con- 
trol Commission,"  hereinafter  referred  to  as  the  Commission,  which 
shall  consist  of  twelve  commissioners,  three  of  whom  shall  be  residents 
of  the  Commonwealth  of  Massachusetts;  three  of  whom  shall  be  resi- 
dents of  the  State  of  Connecticut;  three  of  whom  shall  be  residents  of 
the  State  of  New  Hampshire;  and  three  of  whom  shall  be  residents  of 
the  State  of  Vermont. 

The  members  of  said  commission  shall  be  chosen  by  their  respective 
states  in  such  manner  and  for  such  term  as  may  be  fixed  and  deter- 
mined from  time  to  time  by  the  law  of  each  of  said  states  respectively 
by  which  they  are  appointed.  A  commissioner  may  be  removed  or 
suspended  from  office  as  provided  by  the  law  of  the  state  for  which 
he  shall  be  appointed;  and  any  vacancy  occurring  in  said  Commission 
shall  be  filled  in  accordance  with  the  laws  of  the  state  wherein  such 
vacancy  exists. 

A  majority  of  the  members  from  each  state  shall  constitute  a  quorum 
for  the  transaction  of  business,  the  exercise  of  any  powers  or  the  per- 
formance of  any  duties,  but  no  action  of  the  Commission  shall  be 
binding  unless  at  least  two  of  the  members  from  each  State  shall  vote 
in  favor  thereof. 

The  compensation  of  the  members  of  said  Commission  shall  be  fixed, 
determined  and  paid  by  the  state  which  they  respectively  represent. 
All  necessary  expenses  incurred  in  the  performance  of  their  duties  shall 
be  paid  from  the  funds  of  said  Commission. 

The  Commission  shall  elect  from  its  members  a  chairman,  vice- 
chairman,  clerk  and  treasurer.  Such  treasurer  shall  furnish  to  said 
Commission,  at  its  expense,  a  bond  with  corporate  surety,  to  be  ap- 
proved by  said  Commission,  in  such  amount  as  said  Commission  may 
determine,  conditioned  for  the  faithful  performance  of  his  duties. 

The  Commission  shall  adopt  suitable  by-laws,  and  shall  make  such 
rules  and  regulations  as  it  may  deem  advisable  governing  the  operation 
of  flood  control  projects,  not  inconsistent  with  the  laws  of  the  signatory 
states  or  laws  of  the  United  States,  and  any  rules  or  regulations  law- 
fully promulgated  thereunder. 

The  Commission  shall  make  an  annual  report  to  the  governor  of 
each  of  the  signatory  states,  setting  forth  in  detail  the  operations  and 
transactions  conducted  by  it  pursuant  to  this  compact  and  any  legis- 
lation thereunder,  which  said  reports  shall  be  submitted  to  the  respec- 
tive legislatures. 

The  Commission  shall  keep  a  record  of  all  its  meetings  and  pro- 
ceedings, contracts  and  accounts,  and  shall  maintain  a  suitable  office, 
where  its  maps,  plans,  documents,  records  and  accounts  shall  be  kept, 
subject  to  public  inspection  at  such  times  and  under  such  regulations 
as  the  Commission  shall  determine. 

Article  III. 

The  Commission  shall  constitute  a  body,  both  corporate  and  politic, 
with  full  power  and  authority,  — 

(1)  To  acquire  by  lease  and  to  hold  lands,  easements  and  rights  of 
way  for  reservoirs  herein  contemplated,  and  for  the  use  and  enjoyment 
thereof; 

(2)  To  hold,  maintain  and  operate  reservoirs,  including  appur- 
tenances, for  the  purposes  of  flood  control; 

(3)  To  receive  funds  and  moneys  from  the  signatory  states  or  other 
sources,  for  the  purpose  of  acquiring,  operating  and  maintaining  such 
reservoirs  as  may  hereafter  be  constructed  within  the  basin  of  the 
Connecticut  River  under  the  terms  of  this  compact,  including,  without 


468  Acts,  1937.  —  Chap.  402. 

limiting  the  same,  funds  for  the  acquisition  of  lands,  easements  and 
rights  of  way,  for  the  payment  of  damages  and  for  the  maintenance 
and  operation  of  said  reservoirs,  and  the  expenses  incidental  thereto 
and  to  the  functions  of  the  commission; 

(4)  To  sue  and  be  sued; 

(5)  To  have  a  seal  and  alter  the  same  at  pleasure; 

(6)  To  appoint  and  employ  such  agents  and  employees  as  may  be 
required  in  the  proper  performance  of  the  duties  hereby  committed 
to  it,  and  to  fix  and  determine  their  qualifications,  duties  and  com- 
pensation; 

(7)  To  enter  into  such  contracts  and  agreements,  and  to  do  and 
perform  any  and  all  other  acts,  matters  and  things  as  may  be  neces- 
sary and  essential  to  the  full  and  complete  performance  of  the  powers 
and  duties  hereby  committed  to  and  imposed  upon  it  in  connection 
with  the  construction,  operation  and  maintenance  of  the  system  of 
reservoirs  hereby  or  hereafter  authorized  and  as  may  be  incidental 
thereto;  and 

(8)  To  have  such  additional  powers  and  duties  as  may  hereafter 
be  delegated  to  or  imposed  upon  it  from  time  to  time  by  the  action  of 
the  legislature  of  any  of  said  states,  concurred  in  by  the  legislatures  of 
the  other  states. 

The  Commission  shall  be  charged  with  the  duty,  and  it  is  hereby 
authorized  and  empowered,  to  give  such  assurances,  satisfactory  to 
the  Secretary  of  War,  as  are  required  by  Section  3  of  the  Act  of  Con- 
gress hereinbefore  referred  to. 

The  Commission  shall  make,  or  cause  to  be  made,  such  studies  as 
it  may  deem  necessary,  in  co-operation  with  the  War  Department,  for 
the  development  of  a  comprehensive  plan  of  flood  control,  as  herein 
defined,  and  for  the  efficient  management  and  regulation  of  said  flood 
control  system,  and  from  time  to  time  shall  make  reports  and  recom- 
mendations in  respect  thereto  to  the  signatory  states. 

The  Commission  shall  not  pledge  the  credit  of  the  signatory  states, 
or  any  of  them,  nor  shall  it  convey,  encumber,  or  in  any  way  undertake 
to  alienate  the  lands,  easements  and  rights  of  way  so  leased  to  it,  as 
hereinafter  provided,  or  any  part  thereof,  or  any  interest  therein, 
except  by  and  with  the  consent  of  the  signatory  states. 


Article  IV. 

There  shall  be  established  in  the  Connecticut  River  basin  as  an 
initial  plan  of  flood  control  eight  of  the  following  eleven  proposed 
reservoirs,  to  wit: 

(a)  Three  of  the  four  following  reservoirs  in  the  State  of  Vermont : 

(1)  At  Victory  on  the  Moose  River,  controlling  a  drainage  area  of 
approximately  sixty-six  (66)  square  miles,  and  providing  flood  control 
storage  for  approximately  seven  (7)  inches  of  runoff  over  said  drainage 
area,  the  dam  at  said  reservoir  to  be  constructed  in  such  manner  as  to 
provide  for  flood  control,  and  in  addition  thereto  to  be  so  designed 
and  constructed  as  to  provide  for  further  development  by  increasing 
the  storage  capacity,  the  added  storage  to  be  used  for  water  conser- 
vation or  power  development  at  the  option  of  the  State  of  Vermont. 

(2)  At  Union  Village  on  the  Ompompanoosuc  River,  controlling  a 
drainage  area  of  approximately  one  hundred  twenty-six  (126)  square 
miles,  and  providing  flood  control  storage  for  approximately  four  and 
one-half  (41)  inches  of  runoff  over  said  drainage  area,  the  dam  at  said 
reservoir  to  be  constructed  in  such  manner  as  to  provide  for  flood  con- 
trol and  also  for  a  recreational  lake,  to  be  maintained  during  the  sum- 
mer months  at  a  substantially  constant  minimum  level,  to  be  fixed  by 
the  Chief  of  Engineers  of  the  United  States  Army,  except  when  in- 
creased temporary  storage  is  required  for  flood  control. 

(3)  At  North  Hartland  on  the  Ottauquechee  River,  controlling  a 
drainage  area  of  approximately  two  hundred  twenty-two  (222)  square 
miles,  and  providing  flood  control  storage  for  approximately  four  and 
one-tenth  (4.1)  inches  of  runoff  over  said  drainage  area,  the  dam  at 
said  reservoir  to  be  for  flood  control  purposes  only. 


Acts,  1937.  —  Chap.  402.  469 

(4)  At  Groton  Pond  on  the  Wells  River,  controlling  a  drainage  area 
of  approximately  seventeen  and  three-tenths  (17.3)  square  miles,  and 
providing  flood  control  storage  for  approxima'tely  seven  (7)  inches  of 
runoff  over  said  drainage  area,  and  the  dam  at  said  reservoir  to  be  con- 
structed in  such  manner  as  to  provide  for  flood  control  and  also  for  a 
recreational  lake,  the  level  of  the  water  to  be  maintained  during  the 
summer  months  at  a  substantially  constant  minimum  level,  to  be  fixed 
by  the  Chief  of  Engineers  of  the  United  States  Army,  except  when 
increased  temporary  storage  is  required  for  flood  control. 

(b)  Three  reservoirs  in  the  State  of  New  Hampshire  as  follows: 

(1)  At  Bethlehem  Junction  on  the  Ammonoosuc  River,  controlling 
a  drainage  area  of  approximately  ninety  (90)  square  miles,  and  pro- 
viding flood  control  storage  for  approximately  six  (6)  inches  of  runoff 
over  said  drainage  area,  the  dam  at  said  reservoir  to  be  constructed 
in  such  manner  as  to  provide  for  flood  control  and  also  for  a  recreational 
lake  to  be  maintained  during  the  summer  months  at  a  substantially 
constant  minimum  level,  to  be  fixed  by  the  Chief  of  Engineers  of  the 
United  States  Army,  except  when  increased  temporary  storage  is 
required  for  flood  control. 

(2)  At  Stocker  Pond  in  the  Towns  of  Grantham  and  Springfield, 
controlling  a  drainage  area  of  approximately  thirty-four  and  four- 
tenths  (34.4)  square  miles,  and  providing  flood  control  storage  for 
approximately  six  (6)  inches  of  runoff  over  said  drainage  area,  the  dam 
at  said  reservoir  to  be  constructed  for  flood  control,  and  in  addition 
thereto  to  be  so  designed  and  constructed  as  to  provide  for  further 
development  by  increasing  the  storage  capacity,  the  added  storage  to 
be  used  for  water  conservation  or  power  development,  at  the  option 
of  the  State  of  New  Hampshire. 

(3)  At  Surry  Mountain  on  the  Ashuelot  River,  controlling  a  drain- 
age area  of  appro.ximately  one  hundred  (100)  square  miles,  and  pro- 
viding flood  control  storage  for  approximately  six  (6)  inches  of  runoff 
over  said  drainage  area,  the  dam  at  said  reservoir  to  be  constructed  in 
such  manner  as  to  provide  for  flood  control,  and  in  addition  thereto 
to  be  so  designed  and  constructed  as  to  provide  for  further  develop- 
ment by  increasing  the  storage  capacity,  the  added  storage  to  be  used 
for  water  conservation  or  power  development,  at  the  option  of  the 
State  of  New  Hampshire. 

(c)  Two  of  the  four  following  reservoirs  in  the  Commonwealth  of 
Massachusetts : 

(1)  At  Knightville  on  the  Westfield  River,  controlling  a  drainage 
area  of  approximately  one  hundred  sixty-four  (164)  square  mfles,  and 
providing  flood  control  storage  for  approximately  four  and  five-tenths 
(4.5)  inches  of  runoff  over  said  drainage  area,  the  dam  at  said  reservoir 
to  be  constructed  in  such  manner  as  to  provide  for  flood  control,  and 
in  addition  thereto  to  be  so  designed  and  constructed  as  to  provide  for 
further  development  by  increasing  the  storage  capacity,  the  added 
storage  to  be  used  for  water  conservation  or  power  development,  at 
the  option  of  the  Commonwealth  of  Massachusetts;  or  to  be  constructed 
in  such  manner  as  to  provide  for  flood  control  and  also  for  a  recrea- 
tional lake  to  be  maintained  during  the  summer  months  at  a  sub- 
stantially constant  minimum  level,  to  be  fixed  by  the  Chief  of  Engineers 
of  the  United  States  Army,  except  when  increased  temporary  storage 
is  required  for  flood  control,  as  said  Commonwealth  of  Massachusetts 
may  elect. 

(2)  At  Tully  on  the  Tully  Brook,  a  tributary  of  Millers  River,  con- 
trolling a  drainage  area  of  approximately  fifty  (50)  square  miles,  and 
providing  flood  control  storage  for  approximately  eight  (8)  inches  of 
runoff  over  said  drainage  area,  the  dam  at  said  reservoir  to  be  con- 
structed in  such  manner  as  to  provide  for  flood  control,  and  in  addition 
thereto  to  be  so  designed  and  constructed  as  to  provide  for  further 
development  by  increasing  the  storage  capacity,  the  added  storage 
to  be  used  for  water  conservation  or  power  development,  at  the  option 
of  the  Commonwealth  of  Massachusetts;  or  to  be  constructed  in  such 
manner  as  to  provide  for  flood  control  and  also  for  a  recreational  lake 
to  be  maintained  during  the  summer  months  at  a  substantially  constant 
minimum  level,  to  be  fixed  by  the  Chief  of  Engineers  of  the  United 


470  Acts,  1937.  —  Chap.  402. 

States  Army,  except  when  increased  temporary  storage  is  required  for 
flood  control,  as  said  Commonwealth  of  Massachusetts  may  elect. 

(3)  At  Priest  Pond  on  Priest  Brook,  a  tributary  of  Millers  River, 
controlling  a  drainage  area  of  approximately  eighteen  and  eight-tenths 
(18.8)  square  miles,  and  providing  flood  control  storage  for  approxi- 
mately six  (6)  inches  of  runoff  over  said  drainage  area,  the  dam  at  said 
reservoir  to  be  constructed  in  such  manner  as  to  provide  for  flood 
control,  and  in  addition  thereto  to  be  so  designed  and  constructed  as 
to  provide  for  further  development  by  increasing  the  storage  capacity, 
the  added  storage  to  be  used  for  water  conservation  or  power  develop- 
ment, at  the  option  of  the  Commonwealth  of  Massachusetts;  or  to  be 
constructed  in  such  manner  as  to  provide  for  flood  control,  and  also 
for  a  recreational  lake  to  be  maintained  during  the  summer  months, 
at  a  substantially  constant  minimum  level,  to  be  fixed  by  the  Chief 
of  Engineers  of  the  United  States  Army,  except  when  increased  tem- 
porary storage  is  required  for  flood  control,  as  said  Commonwealth  of 
Massachusetts  may  elect. 

(4)  At  Lower  Naukeag  on  the  Millers  River,  controlling  a  drainage 
area  of  approximately  nineteen  and  seven- tenths  (19.7)  square  miles, 
and  providing  flood  control  storage  for  approximately  five  and  one- 
tenth  (5.1)  inches  of  runoff  over  said  drainage  area,  the  dam  at  said 
reservoir  to  be  constructed  in  such  manner  as  to  provide  for  flood 
control  and  also  for  a  recreational  lake,  to  be  maintained  during  the 
summer  months  at  a  substantially  constant  minimum  level,  to  be  fixed 
by  the  Chief  of  Engineers  of  the  United  States  Army,  except  when 
increased  temporary  storage  is  required  for  flood  control. 

The  type  and  general  plans  for  the  construction  of  the  eight  reser- 
voirs herein  provided  to  be  constructed  as  an  initial  plan  of  flood  con- 
trol on  the  Connecticut  River  basin,  are  to  be  approved  by  the  Con- 
necticut River  Valley  Flood  Control  Commission,  hereinbefore  created, 
before  any  construction  work  thereon  is  begun  or  prosecuted. 

In  so  far  as  any  of  the  foregoing  reservoirs  may  be  constructed  for 
the  combined  purpose  of  flood  control  and  recreational  facilities,  none 
of  the  signatory  states  wherein  such  reservoirs  are  located  shall  be 
obligated  to  pay  any  additional  cost  of  construction. 

Article  V. 

To  the  end  that  the  Connecticut  River  Valley  Flood  Control  Com- 
mission may  give  to  the  Secretary  of  War  the  assurances  required 
under  Section  3  of  the  Act  of  Congress  hereinbefore  referred  to,  and 
that  the  lands,  easements  and  rights  of  way  necessary  for  the  con- 
struction by  the  United  States  of  the  reservoirs  and  structures  thereon, 
herein  contemplated,  may  be  provided,  each  state  at  the  request  of 
said  Commission  shall  proceed  forthwith  to  acquire  title  to  and  pos- 
session of  the  lands,  easements  and  rights  of  way  within  its  territorial 
limits,  which  are  determined  and  designated  by  the  Commission  for 
the  construction  of  such  reservoir  or  reservoirs. 

Such  acquisition  shall  be  by  purchase  or  by  the  exercise  of  the  right 
of  eminent  domain,  as  said  Commission  may  direct,  and  in  the  manner 
now  or  hereafter  provided  for  by  the  laws  of  the  states  wherein  such 
lands,  easements  and  rights  of  way  are  located.  Title  to  such  lands, 
easements  and  rights  of  way  shall  be  taken  in  the  name  of  the  state 
wherein  the  same  are  located.  The  cost  of  acquisition,  as  hereinafter 
defined,  shaU  be  borne  by  said  Commission  and  paid  from  and  out  of 
the  funds  contributed  by  the  signatory  states  for  such  purpose,  as 
hereinafter  provided. 

Each  state,  upon  notice  from  and  at  the  sole  expense  of  said  Com- 
mission, shall  forthwith  proceed  to  make,  or  cause  to  be  made,  such 
highway  relocations,  including  the  acquisition  of  all  necessary  rights 
of  way  therefor,  and  the  construction  of  such  relocated  highway,  as 
may  become  necessary  therein  because  of  the  construction,  operation 
and  maintenance  of  any  reservoir  or  reservoirs  for  flood  control  pur- 
poses. Provided,  however,  that  due  allowance  shall  be  made  on  account 
of  any  improved  type  of  construction  of  such  relocated  highway.  The 
character,  location,  route  and  construction  of  such  relocated  highways 


Acts,  1937. —Chap.  402.  471 

shall  be  determined  by  the  state  wherein  such  relocated  highway  is 
situated,  or  by  its  representatives. 

In  like  manner,  such  state,  at  the  expense  of  the  Commission,  and 
upon  its  request,  shall  procure  the  relocation  of  any  railroad,  electric 
transmission,  telephone  or  telegraph  lines,  or  other  public  utility 
structures,  including  new  rights  of  way  therefor  as  may  be  essential 
on  account  of  the  construction,  operation  and  maintenance  of  such 
reservoir  for  flood  control  purposes. 

Article  VI. 

The  Commission  shall  save  the  states  in  which  such  reservoirs  are 
located  free  and  harmless  from  all  loss,  cost,  damage  or  expense  in 
connection  with  the  control,  operation  and  maintenance  of  such  reser- 
voir or  reservoirs  except  as  hereinafter  provided  in  Articles  IX  and  XI. 

The  Commission  or  the  War  Department  in  the  construction  and 
maintenance  of  such  reservoir  or  reservoirs  shall  cause  the  area  which 
may  be  flowed  thereby  when  full,  to  be  cleared  of  buildings  and  all 
such  trees,  brush  and  underbrush  as  from  time  to  time  may  be  damaged 
or  killed  by  such  flowage;  shall  cause  borrow  pits  or  banks,  other 
excavations  or  unused  accumulations  of  material  and  debris,  to  be 
leveled,  graded,  masked,  removed  or  otherwise  disposed  of  in  such  a 
way  as  to  leave  no  holes  or  other  unsightly  conditions  therein;  and 
shall  cause  all  water  pockets  to  be  properly  drained  and  the  premises 
affected  by  such  flowage  to  be  landscaped  in  such  manner  as  may 
reasonably  preserve  the  natural  condition  of  such  premises  before 
such  construction,  except  as  the  same  necessarily  may  be  changed 
thereby. 

The  lands,  easements  and  rights  of  way  leased  shall  be  exempt  from 
all  taxation  but  the  said  Commission  shall  make  payments  on  or  before 
the  first  day  of  October  of  each  year  to  each  town  in  which  such  lands, 
easements  and  rights  of  way,  respectively,  are  located,  of  a  sum  equal 
to  the  taxes  which  would  have  been  assessed  against  the  said  lands, 
easements  and  rights  of  way  in  such  town  if  the  same  had  been  in- 
cluded in  the  list  of  taxable  property  for  such  year,  at  the  assessed 
valuation  of  the  same  as  determined  for  the  tax  year  1936.  Provided, 
however,  that  no  payment  shall  be  made  or  required  hereunder  on 
account  of  reimbursement  for  loss  of  taxes  on  any  structure  which 
may  be  erected  on  such  premises  in  connection  with  the  construction 
or  use  of  said  project,  or  on  account  of  any  railroad  or  other  public 
utility  which  may  be  relocated  under  the  terms  of  this  compact,  and 
which  is  included  in  the  list  of  taxable  property  in  said  town  when 
relocated. 

When  said  lands,  easements  and  rights  of  way  essential  to  the  con- 
struction of  any  dam  or  reservoir  shall  have  been  acquired  as  herein- 
before provided,  the  state  wherein  the  same  are  located,  shall  make, 
execute  and  deliver  to  said  Commission  a  good  and  sufficient  lease  of 
the  same,  to  include  the  structures  thereon  when  completed  and  ac- 
cepted by  the  state,  except  as  hereinafter  provided,  upon  the  terms 
and  conditions  following,  to  wit: 

(a)  The  said  Commission  shall  save  the  state  in  which  said  reser- 
voirs are  respectively  located,  free  and  harmless  from  all  loss,  cost, 
damage  or  expense  in  connection  with  the  control,  operation  and  main- 
tenance of  said  reservoir  or  reservoirs  except  as  hereinafter  provided 
in  Articles  IX  and  XL 

(b)  In  the  construction  and  maintenance  of  such  reservoir  or  reser- 
voirs, the  area  which  may  be  flowed  thereby,  when  full,  shall  be  cleared 
of  buildings  and  of  such  trees,  brush  and  underbrush,  as  from  time  to 
time  may  be  damaged  or  killed  by  such  flowage;  borrow  pits  or  banks, 
other  excavations  or  unused  accumulations  of  material  and  debris, 
shall  be  leveled,  graded,  masked,  removed  or  otherwise  disposed  of 
in  such  a  way  as  to  leave  no  holes  or  other  unsightly  conditions  therein; 
all  water  pockets  shall  be  properly  drained;  and  the  premises  affected 
by  such  flowage  shall  be  landscaped  in  such  manner  as  may  reason- 
ably preserve  the  natural  condition  of  such  premises  before  such  con- 
struction, except  as  the  same  necessarily  may  be  changed  thereby. 


472  Acts,  1937.  —  Chap.  402. 

(c)  The  lands,  easements  and  rights  of  way  hereby  leased  shall  be 
exempt  from  all  taxation;  but  the  said  Commission  shall  make  pay- 
ments on  or  before  the  first  day  of  October  of  each  year  to  each  town 
in  which  such  lands,  easements  and  rights  of  way,  respectively,  are 
located,  of  a  sum  equal  to  the  taxes  which  would  have  been  assessed 
against  the  said  lands,  easements  and  rights  of  way  in  such  town  if 
the  same  had  been  included  in  the  list  of  taxable  property  for  such 
year,  at  the  assessed  valuation  of  the  same  as  determined  for  the  tax 
year  1936.  Provided,  however,  that  no  payment  shall  be  made  or 
required  hereunder  on  account  of  reimbursement  for  loss  of  taxes  on 
any  structure  which  may  be  erected  on  such  premises  in  connection 
with  the  construction  or  use  of  said  project;  or  on  account  of  any  rail- 
road or  other  public  utility  which  may  be  relocated  under  the  terms  of 
this  agreement,  and  which  thereafter  is  included  in  the  list  of  taxable 
property  in  said  town  when  relocated. 

(d)  The  lands,  easements  and  rights  of  way  herein  described,  are 
leased  and  demised  solely  for  the  purpose  of  flood  control,  and  for  no 
other  purpose,  and  the  said  lessor  hereby  excepts  from  this  lease  and 
reserves  unto  itself  all  benefit  or  advantage  of  water  conservation, 
power  storage  or  power  development,  that  may  be  inherent  in  such 
reservoir  site,  with  the  right,  at  such  time  as  it  may  determine,  and 
upon  compliance  with  the  requirements  of  the  United  States  respecting 
the  adjustment  and  payment  of  any  added  construction  cost  by  reason 
of  the  type  of  construction  adapted  for  that  purpose,  and  the  assump- 
tion and  payment  of  the  cost  of  acquiring  any  additional  lands,  ease- 
ments and  rights  of  way  necessitated  by  such  additional  development, 
and  the  full  preservation  of  the  principal  purpose  of  flood  control,  to 
develop  the  same  in  such  manner  and  for  such  purpose  as  may  be 
essential  to  the  full  beneficial  use  thereof. 

(e)  The  term  of  said  lease  shall  be  for  the  period  of  nine  hundred 
and  ninety-nine  years,  subject  only  to  be  defeated  by  a  breach  of  the 
terms  or  the  conditions  in  this  article  set  forth. 

Article  VII. 

The  cost  of  acquisition  of  lands,  easements  and  rights  of  way,  as 
used  or  referred  to  herein,  shall  be  deemed  to  include  the  cost  of: 

(1)  The  purchase  or  condemnation  of  lands,  easements  and  rights 
of  way  of  every  kind  and  nature  required  or  essential  in  the  construc- 
tion, development,  operation  and  maintenance  of  such  reservoirs  as  an 
effective  agency  for  flood  control,  and  including,  among  other  things, 
camp  sites,  borrow  banks  or  pits,  rock  ledges,  gravel  deposits  and 
rights  of  way  thereto  in  the  vicinity  of  the  dam  necessary  for  the 
construction  and  maintenance  thereof.  Such  camps  are  to  be  removed 
and  the  sites  thoroughly  cleaned  up  at  no  cost  to  the  states  or  Com- 
mission before  being  relinquished  by  the  United  States  upon  the  com- 
pletion of  the  construction  work; 

(2)  The  reconstruction,  relocation  or  elevation  of  public  highways, 
including  bridges  or  other  structures; 

(3)  The  reconstruction  or  relocation  of  public  service  utilities, 
including  railroads  and  the  alteration  of  bridges  and  structures  thereon, 
whether  publicly  or  privately  owned; 

(4)  The  reconstruction  or  relocation  of  telegraph,  telephone  or 
electric  light  or  power  distribution  and  transmission  lines,  pipe  lines, 
aqueducts,  water  or  gas  mains;   and 

(5)  Any  other  damages,  expenses  or  costs  that  may  be  necessitated 
or  incurred  in  procuring  and  providing  the  sites  necessary  for  the 
construction  of  the  reservoirs  herein  contemplated,  including  the  cost 
and  expense  of  acquiring  such  lands,  easements  and  rights  of  way  and 
procuring  the  reconstruction  or  relocation  of  the  highways,  bridges, 
railroads,  telephone,  telegraph  and  electric  lines,  pipes,  aqueducts 
and  mains  above  mentioned,  or  the  rights  of  way  for  the  same,  or  any 
other  similar  expenditures. 


Acts,  1937.  —  Chap.  402.  473 


Article  VIII. 

The  rights  to  be  acquired  and  exercised  by  the  Commission  are 
solely  for  flood  control  purposes,  and  each  of  the  respective  signatory 
states  wherein  any  reservoir  may  be  situated,  reserves  respectively 
unto  itself,  all  benefit  or  advantage  of  water  conservation,  power 
storage  or  power  development  that  may  be  inherent  in  such  reservoir 
site. 

In  the  event  any  signatory  state  may  wish  to  preserve  to  itself  the 
value  of  such  site  for  the  purposes  aforesaid,  it  may,  through  an  appro- 
priate agency  of  the  state,  so  notify  the  United  States,  through  its 
War  Department,  before  any  construction  work  is  commenced  here- 
under for  flood  control  purposes,  so  that  the  design  and  construction 
of  the  dam  at  such  site  may  be  developed  in  such  manner  as  to  provide 
for  further  development  as  a  storage  reservoir  for  the  conservation  of 
water,  enhancement  of  stream  flow  or  power  development. 

Provided,  however,  that  nothing  herein  contained  shall  be  deemed 
to  prevent  any  such  state,  at  its  option,  at  any  time  hereafter,  by  itself 
or  through  such  agency  as  it  maj'  designate,  from  developing  any  such 
reservoir  or  reservoirs  for  use  for  water  conservation,  power  storage  or 
power  development,  in  order  that  it  may  avail  itself  of  the  fuU  bene- 
ficial use  and  enjoyment  of  the  rights  herein  reserved.  In  such  event, 
such  state  shall  pay  or  provide  for  the  payment  of  all  costs  or  expenses 
necessary  for  such  further  development,  including  adaptation  of  any 
existing  dam  and  works  to  such  purpose,  in  accordance  with  plans 
approved  by  the  Secretary  of  War,  and  at  all  times  fully  preserve  the 
primary  purpose  of  flood  control. 

The  terms  and  conditions  under  which  any  such  signatory  state  shall 
make  available  the  rights  of  water  conservation,  power  storage  or 
power  development  herein  reserved  shall  be  determined  by  separate 
agreement  or  arrangement  between  such  state  and  the  United  States; 
and  the  type  and  general  plans  for  the  construction  of  such  of  the  reser- 
voirs as  are  herein  contemplated  to  provide  for  such  further  develop- 
ment shall  be  approved  by  some  agency  of  such  state,  for  that  purpose 
duly  authorized,  before  any  construction  thereon  is  begun  or  prosecuted. 

Article  IX. 

In  order  that  an  adequate  fund  may  be  established  and  created 
from  which  payments  for  the  acquisition  of  lands,  easements  and  rights 
of  way  may  be  made,  the  signatory  states  become  bound  and  each 
hereby  obligates  itself  to  pay  to  the  Commission,  the  proportion  of 
the  cost  of  acquisition  of  lands,  easements  and  rights  of  way  respec- 
tively set  forth  below,  and  subject  to  the  limitations  hereinafter  pro- 
vided, as  follows: 

(1)  The  Commonwealth  of  Massachusetts  fifty  per  cent  thereof. 

(2)  The  State  of  Connecticut  forty  per  cent  thereof. 

(3)  The  State  of  New  Hampshire  five  per  cent  thereof. 

(4)  The  State  of  Vermont  five  per  cent  thereof. 

Provided,  however,  that  it  is  the  understanding,  intent  and  purpose 
of  the  parties  hereto,  that  the  cost  of  acquisition  of  lands,  easements 
and  rights  of  way  for  eight  reservoirs,  provided  for  herein,  shall  not 
exceed  the  sum  of  Two  Million  Seven  Hundred  Thousand  Dollars 
($2,700,000)  and  that  the  drainage  area  of  the  Connecticut  River 
Basin  to  be  controlled  thereby  shall  be  approximately  seven  and  61/100 
(7.61)  per  cent  thereof;  and  it  is  expressly  provided  that  the  maximum 
amount  to  which  each  of  the  signatory  states  shall  be  bound  or  obli- 
gated for  cost  of  acquisition  of  lands,  easements  and  rights  of  way  on 
account  of  said  eight  reservoirs  shall  not  exceed  the  respective  propor- 
tions hereinbefore  set  forth  of  said  sum  of  Two  Million  Seven  Hundred 
Thousand  Dollars  ($2,700,000). 

The  fiscal  year  shall  be  deemed  to  begin  on  July  1st  and  end  on  June 
30th.  Payment  by  the  signatory  states  of  the  cost  of  acquisition  shall 
be  made  as  and  when  requested  by  the  Commission  on  or  after  July  1, 


474  Acts,  1937.  —  Chap.  402. 

1937;  provided  that  not  more  than  one-half  of  said  sum  of  Two  Mil- 
lion Seven  Hundred  Thousand  Dollars  ($2,700,000)  shall  be  required 
to  be  paid  in  any  fiscal  year  after  said  date. 

Article  X. 

In  the  execution  of  the  initial  plan  of  eight  reservoirs  herein  con- 
templated said  Commission,  with  the  approval  of  the  Secretary  of 
War,  shall  determine  the  order  in  which  the  construction  work  of  the 
same  shall  be  commenced  and  prosecuted,  except  that  it  is  hereby 
declared  to  be  the  intent  and  purpose  of  the  signatory  states  that 
construction  work  shall  be  first  begun  on  one  reservoir  project  located 
in  the  Commonwealth  of  Massachusetts  and  upon  one  reservoir  project 
located  respectively  in  each  of  the  States  of  New  Hampshire  and  Ver- 
mont before  further  construction  work  is  begun  on  any  other  reservoir. 

The  initial  plan  for  the  construction  of  eight  reservoirs  herein  men- 
tioned and  provided  for  is  part  of  a  long  range  comprehensive  program 
for  flood  control  on  the  Connecticut  River  and  its  tributaries,  the 
object  and  purpose  of  the  signatory  states  being  to  enlarge  and  expand 
such  flood  control  projects  to  an  ultimate  control,  including  the  reser- 
voirs hereinabove  mentioned  of  approximately  twenty-one  per  cent  of 
the  drainage  area  thereof,  at  a  total  maximum  cost  to  the  signatory 
states,  including  the  cost  herein  specified,  of  not  to  exceed  Ten  Million 
Five  Hundred  Seventy-five  Thousand  Dollars  ($10,575,000) ;  and  the 
contributions  by  the  respective  signatory  states,  in  the  proportions 
hereinbefore  set  forth,  shall  not  in  any  event  exceed  the  total  amount 
above  stated. 

In  the  further  development  of  such  comprehensive  program,  said 
Commission  shall  determine  from  time  to  time  the  site,  character, 
location  and  extent  of  such  additional  reservoirs,  subject  to  the  ap- 
proval of  the  legislature  of  the  state  in  which  the  same  may  be  located. 

Article  XL 

Each  of  the  signatory  states  shall  annually  contribute  and  pay  to 
the  Commission  the  respective  proportions  of  the  expense  of  opera- 
tion and  maintenance  of  the  flood  control  reservoirs  hereafter  con- 
structed under  the  terms  of  this  agreement  as  follows: 

The  Commonwealth  of  Massachusetts  fifty  per  cent  thereof. 
The  State  of  Connecticut  forty  per  cent  thereof. 
The  State  of  New  Hampshire  five  per  cent  thereof. 
The  State  of  Vermont  five  per  cent  thereof, 
and  each  of  said  states  shall  make  adequate  provision  for  compliance 
on  its  part  with  the  provisions  of  this  Article,  and  the  same  shall  be 
made  available  as  and  when  required  upon  the  requisition  of  the 
Commission. 

As  a  part  of  the  expense  of  operation  and  maintenance  of  said  reser- 
voirs the  Commission  shall  assume  and  pay  to  the  respective  towns 
entitled  thereto  the  cost  of  reimbursement  for  loss  of  taxes,  as  set 
forth  and  required  in  sub-paragraph  (c)  in  Article  VI  hereof,  and  shall 
pay  all  costs  incident  to  or  damages  resulting  from  the  operation  and 
maintenance  of  such  flood  control  reservoire,  and  shall  save  the  United 
States  free  and  harmless  on  account  thereof,  and  shall  pay  all  other 
costs  or  expenses  which  may  be  necessary  in  the  operation  and  main- 
tenance thereof,  including  the  expenses  of  the  members  of  said  Com- 
mission hereinbefore  provided  to  be  paid  out  of  the  funds  of  said 
Commission. 

Article  XII. 

Each  of  the  signatory  states  hereby  releases  and  discharges  the 
others  of  and  from  all  damages,  which  may  be  claimed  to  result  from 
the  obstruction,  detention,  impounding,  storage,  release  or  diversion 
of  the  waters  of  said  Connecticut  River  and  its  tributaries,  in  so  far 
as  the  same  may  be  in  any  way  affected  by  the  construction,  operation 
or  maintenance  of  the  reservoirs  herein  contemplated. 


Acts,  1937.  —  Chap.  402.  475 


Article  XIII. 

This  compact  shall  become  operative  and  effective  when  approved 
by  the  legislatures  of  each  of  the  signatory  states  and  by  the  Congress 
of  the  United  States.  Notice  of  approval  shall  be  given  by  the  gov- 
ernor of  each  state  to  the  governors  of  the  other  states  and  to  the 
President  of  the  United  States,  and  the  President  of  the  United  States 
is  requested  to  give  notice  to  the  governors  of  each  of  the  signatory 
states  of  its  approval  by  the  Congress  of  the  United  States. 

In  tvitness  ivhereof,  This  compact  has  been  executed  by  the  Com- 
monwealth of  Massachusetts  on  the  day  of  A.D. 
19  ,  by  its  commissioners  thereunto  lawfully  authorized;  and  by 
the  State  of  Connecticut  on  the  day  of  A.D. 
19  ,  by  its  commissioners  thereunto  lawfully  authorized;  and  by 
the  State  of  New  Hampshire  on  the  day  of  A.D. 
19  ,  by  its  commissioners  thereunto  lawfully  authorized;  and  by 
the  State  of  Vermont  on  the  day  of  A.D.  19  , 
by  its  commissioners  thereunto  lawfully  authorized. 

For  the  Commonwealth  of  Massachusetts, 


Commissioners. 
For  the  State  of  Connecticut, 


Commissioners. 
For  the  State  of  New  Hampshire, 


Commissioners. 
For  the  State  of  Vermont, 


Commissione7's. 

Section  2.  Said  compact,  when  approved  by  the  legis- 
latures of  each  of  said  states  and  by  the  congress  of  the 
United  States,  shall  thereupon  become  operative  and  effec- 
tive. The  governor  is  hereby  authorized  and  directed  forth- 
with to  notify  the  governors,  respectively,  of  the  said  states 
and  the  president  of  the  United  States,  that  the  common- 
wealth on  its  part  has  approved  and  ratified  said  compact. 
Upon  its  execution  in  quintuplicate  by  the  commissioners  of 
each  of  said  states  as  aforesaid,  a  duly  executed  original  of 
said  compact  shall  be  filed  in  the  office  of  the  state  secretary, 
together  with  the  original  notice  of  ratification  received  from 
the  governors  of  the  remaining  signatory  states,  and  such 
notice,  if  any,  as  may  be  received  from  the  president  or 
the  congress  of  the  United  States,  signifying  the  approval 
thereof  by  such  congress. 


476  Acts,  1937.  —  Chap.  403. 

Section  3.  After  the  aforesaid  compact  shall  have  be- 
come effective  as  provided  in  section  two  of  this  act,  the 
governor,  with  the  advice  and  consent  of  the  council,  shall 
appoint  three  members  of  The  Connecticut  River  Valley 
Flood  Control  Commission,  provided  for  in  Article  II  of  said 
compact,  one  of  whom  shall  serve  until  the  first  day  of 
February,  nineteen  hundred  and  thirty-nine,  one  of  whom 
shall  serve  until  the  first  day  of  February,  nineteen  hundred 
and  forty-one,  and  one  of  whom  shall  serve  until  the  first 
day  of  February,  nineteen  hundred  and  forty-three.  During 
the  last  two  weeks  of  the  month  of  January,  nineteen  hun- 
dred and  thirty-nine,  and  biennially  thereafter,  the  governor, 
with  the  advice  and  consent  of  the  council,  shall  appoint  one 
member  of  the  said  commission  whose  term  of  office  shall 
be  six  years  from  and  after  the  first  day  of  February  of  the 
year  in  which  he  is  appointed.  Sections  eight  to  twelve, 
inclusive,  of  chapter  thirty  of  the  General  Laws  shall  apply 
to  said  members. 

Section  4.  Each  member  of  said  commission  appointed 
by  the  commonwealth  who  does  not  hold  salaried  state  office 
while  he  is  a  member  thereof  shall  be  paid  by  the  common- 
wealth, as  compensation  for  his  services,  the  sum  of  twenty- 
five  dollars  a  da}^  for  each  day's  service  performed  in  con- 
nection with  his  duties  as  such  member.  Such  compensation 
shall  be  paid  by  the  state  treasurer  to  each  member,  not  more 
often  than  every  two  weeks,  upon  bills  approved  by  the 
chairman,  vice-chairman  or  clerk  of  said  commission. 

Approved  May  29,  1937. 

ChapAOS  An  Act  ratifying  a  proposed  compact  between  the  com- 
monwealth AND  THE  STATE  OF  NEW  HAMPSHIRE  RELATIVE 
TO  FLOOD  CONTROL  IN  THE  MERRIMACK  RIVER  VALLEY  AND 
PROVIDING  FOR  THE  APPOINTMENT  AND  COMPENSATION  OF 
THE  MEMBERS  REPRESENTING  THE  COMMONWEALTH  UPON 
THE  COMMISSION  THEREBY  ESTABLISHED. 

^rTambiT^  Whereas,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  planning  board,  by  its  chairman, 
is  hereby  authorized  to  enter  into  and  execute  on  the  part 
of  this  commonwealth  and  in  its  name  and  behalf,  with  the 
state  of  New  Hampshire,  by  and  through  the  commissioners 
or  other  officers  who  may  be  authorized  thereto  by  the  legis- 
lature of  said  state,  a  compact  in  the  following  form : 

Whereas,  The  Commonwealth  of  Massachusetts  and  the  State  of 
New  Hampshire  recognize  that  destructive  floods  upon  the  Merrimack 
River,  upsetting  orderly  processes  and  causing  loss  of  life  and  property, 
including  the  erosion  of  lands,  and  impairing  and  obstructing  highways, 
railroads  and  other  charmels  of  commerce  between  the  aforesaid  states, 


Acts,  1937. —Chap.  403.  477 

constitute  a  menace,  and  that  investigations  and  improvements  of 
said  Merrimack  River  and  its  tributaries,  including  the  watersheds 
thereof,  for  flood  control  purposes  are  in  the  interest  of  the  general 
welfare  of  the  aforesaid  states;  and 

Whereas,  Under  Section  4  of  an  Act  of  the  Congress  of  the  United 
States  of  America  entitled  "Public  —  No.  738  —  74th  Congress  — 
An  Act  authorizing  the  construction  of  certain  public  works  on  rivers 
and  harbors  for  flood  control,  and  for  other  purposes,"  approved  June 
22,  1936,  "the  consent  of  Congress"  was  "given  to  any  two  or  more 
states  to  enter  into  compacts  or  agreements  in  connection  with  any 
project  or  operation  authorized  by  this  Act  for  flood  control  or  the 
prevention  of  damage  to  life  or  property  by  reason  of  floods  upon  any 
stream  or  streams  and  their  tributaries  which  lie  in  two  or  more  such 
States,  for  the  purpose  of  providing,  in  such  manner  and  such  propor- 
tion as  may  be  agreed  upon  by  such  States  and  approved  by  the  Secre- 
tary of  War,  funds  for  construction  and  maintenance,  for  the  payment 
of  damages,  and  for  the  purchase  of  rights-of-way,  lands,  and  ease- 
ments in  connection  with  such  project  or  operation";   and 

Whereas,  The  Merrimack  River,  together  with  its  tributaries,  is 
such  a  waterway  as  is  defined  in  said  Act  of  Congress  above  referred 
to,  and  the  adequate  and  proper  regulation  of  the  destructive  floods 
hereinbefore  referred  to  upon  said  Merrimack  River  and  its  tributaries 
can  best  be  accomplished  by  the  mutual  agreement  and  co-operation 
of  the  states  hereinbefore  named,  by  and  through  a  joint  or  common 
agency;  and 

Whereas,  Under  and  by  the  terms  of  said  Act  of  Congress,  herein- 
before referred  to,  the  entire  cost  of  construction  of  the  various  proj- 
ects for  flood  control  therein  defined  is  to  be  paid  and  discharged  by 
the  United  States,  and  the  signatory  states  hereto  desire  to  avail 
themselves  of  the  advantages  and  benefits  accruing  to  them  thereby 
and  to  be  relieved  of  such  cost  of  construction. 

Now,  therefore,  The  Commonwealth  of  Massachusetts  and  State  of 
New  Hampshire  do  hereby  enter  into  the  following  compact,  to  wit: 

Article  I. 

The  principal  purposes  of  this  compact  are: 

(0)  To  promote  interstate  comity  between  the  signatory  states; 
{b)  To  provide  adequate  storage  capacity  for  impounding  the  waters 

of  the  Merrimack  River  and  its  tributaries,  designed  primarily  for  the 
protection  of  life  and  property  from  floods; 

(c)  To  provide  a  joint  or  common  agency  through  which  the  signa- 
tory states,  while  promoting,  protecting  and  preserving  to  each  the 
local  interest  and  sovereignty  of  the  respective  signatory  states,  may 
more  effectively  co-operate  in  accomplishing  the  object  of  flood  con- 
trol in  the  basin  of  the  Merrimack  River  and  its  tributaries,  and, 
among  other  things: 

(1)  To  acquire  by  lease  from  the  states  signatory  hereto,  or  either 
of  them,  all  lands,  easements  and  rights  of  way  necessary  for  the  con- 
struction of  the  projects  herein  contemplated,  without  cost  to  the 
United  States,  except  as  provided  in  said  Act  of  Congress  hereinbefore 
referred  to; 

(2)  To  hold  and  save  the  United  States  free  from  damages  due  to 
the  construction  works; 

(3)  To  maintain  and  operate  all  the  works  contemplated  after  com- 
pletion in  accordance  with  regulations  prescribed  by  the  Secretary  of 
War: 

(4)  To  accept  from  the  signatory  states  hereto,  and  from  any  other 
source,  contributions  of  moneys  as  hereinafter  set  forth  for  the  pur- 
poses herein  set  forth,  including  without  limiting  the  same,  funds  for 
the  acquisition  of  lands,  easements  and  rights  of  way,  for  the  payment 
of  damages  and  for  the  operation  and  maintenance  of  said  flood  control 
reservoirs,  and  for  the  expenses  incidental  thereto  and  to  the  functions 
of  the  Merrimack  River  Valley  Flood  Control  Commission  hereinafter 
created. 


478  Acts,  1937.  —  Chap.  403. 


Article  II. 

There  is  hereby  created  "The  Merrimack  River  Valley  Flood  Control 
Commission,"  hereinafter  referred  to  as  the  Commission,  which  shall 
consist  of  six  commissioners,  three  of  whom  shall  be  residents  of  the 
Commonwealth  of  Massachusetts  and  three  of  whom  shall  be  residents 
of  the  State  of  New  Hampshire. 

Each  state  shall  choose  its  members  of  said  Commission  in  such 
manner  and  for  such  terms  as  may  from  time  to  time  be  provided  by 
the  law  thereof.  A  commissioner  may  be  removed  or  suspended  from 
office  as  provided  by  the  law  of  the  state  which  he  represents;  and 
any  vacancy  occurring  in  said  Commission  shall  be  filled  in  accordance 
with  the  law  of  the  state  in  whose  representation  such  vacancy  exists. 

A  majority  of  the  members  from  each  state  shall  constitute  a  quorum 
for  the  transaction  of  business,  the  exercise  of  any  powers  or  the  per- 
formance of  any  duties,  but  no  action  of  the  Commission  shall  be 
binding  unless  at  least  two  of  the  members  from  each  state  shall  vote 
in  favor  thereof. 

The  compensation  of  the  members  of  said  Commission  shall  be  fixed 
and  paid  by  the  state  which  they  respectively  represent.  All  neces- 
sary expenses  incurred  in  the  performance  of  their  duties  shall  be  paid 
from  the  funds  of  said  Commission. 

The  Commission  shall  elect  from  its  members  a  chairman,  vice- 
chairman,  clerk  and  treasurer.  Such  treasurer  shall  furnish  to  said 
Commission,  at  its  expense,  a  bond  with  corporate  surety,  to  be  ap- 
proved by  said  Commission,  in  such  amount  as  said  Commission  may 
determine,  conditioned  for  the  faithful  performance  of  his  duties. 

The  Commission  shall  adopt  suitable  by-laws,  and  shall  make  such 
rules  and  regulations  as  it  may  deem  advisable  governing  the  operation 
of  flood  control  projects,  not  inconsistent  with  the  laws  of  the  signatory 
states  or  laws  of  the  United  States,  and  any  rules  or  regulations  law- 
fully promulgated  thereunder. 

The  Commission  shall  make  an  annual  report  to  the  Governor  of 
each  of  the  signatory  states,  setting  forth  in  detail  the  operations  and 
transactions  conducted  by  it  pursuant  to  this  compact  and  any  legis- 
lation thereunder. 

The  Commission  shall  keep  a  record  of  all  its  meetings  and  pro- 
ceedings, contracts  and  accounts,  and  shall  maintain  a  suitable  office, 
where  its  maps,  plans,  documents,  records  and  accounts  shall  be  kept, 
subject  to  public  inspection  at  such  times  and  under  such  regulations 
as  the  Commission  shall  determine. 

Article  III. 

The  Commission  shall  constitute  a  body,  both  corporate  and  politic, 
with  full  power  and  authority,  — 

(1)  To  acquire  by  lease  and  to  hold  lands,  easements  and  rights  of 
way  for  reservoirs  herein  contemplated,  including  such  reservoirs, 
when  and  as  completed,  and  any  and  all  lands,  easements  and  rights 
of  way  which  may  be  necessary  for  the  use  and  enjoyment  of  said 
reservoirs; 

(2)  To  hold,  maintain  and  operate  reservoirs,  including  appur- 
tenances, for  the  purposes  of  flood  control; 

(3)  To  receive  funds  and  moneys  from  the  signatory  states  or  other 
sources,  for  the  purpose  of  acquiring,  operating  and  maintaining  such 
reservoirs  as  may  hereafter  be  constructed  within  the  basin  of  the 
Merrimack  River  under  the  terms  of  this  compact,  including,  without 
limiting  the  same,  funds  for  the  acquisition  of  lands,  easements  and 
rights  of  way,  for  the  payment  of  damages  and  for  the  maintenance 
and  operation  of  said  reservoirs,  and  the  expenses  incidental  thereto 
and  to  the  functions  of  the  Commission; 

(4)  To  sue  and  be  sued; 

(5)  To  have  a  seal  and  alter  the  same  at  pleasure; 

(6)  To  appoint,  employ  or  contract  with  such  agents  and  employees, 
including  the  New  Hampshire  Water  Resources  Board,  as  may  be 


Acts,  1937. —Chap.  403.  479 

required  in  the  proper  performance  of  the  duties  hereby  committed 
to  the  Commission,  and  to  fix  and  determine  the  qualifications,  duties 
and  compensations  of  such  agents  and  employees; 

(7)  To  enter  into  such  contracts  and  agreements,  and  to  do  and 
perform  any  and  all  such  acts,  matters  and  things  as  may  be  necessary 
and  essential  to  the  full  and  complete  performance  of  the  powers  and 
duties  hereby  committed  to  and  imposed  upon  it  in  connection  with 
the  construction,  operation  and  maintenance  of  the  system  of  reser- 
voirs hereby  or  hereafter  authorized  and  as  may  be  incidental  thereto; 
and 

(S)  To  have  such  additional  powers  and  duties  as  may  hereafter  be 
delegated  to  or  imposed  upon  it  from  time  to  time  by  the  action  of 
the  legislature  of  either  of  said  states,  concurred  in  by  the  legislature 
of  the  other  state. 

The  Commission  shall  be  charged  with  the  duty,  and  it  is  hereby 
authorized  and  empowered,  to  give  such  assurances,  satisfactory  to 
the  Secretary  of  War,  as  are  required  by  Section  3  of  the  Act  of  Con- 
gress hereinbefore  referred  to. 

The  Commission  may  make,  or  may  cause  to  be  made,  such  studies 
as  it  may  deem  necessary,  in  co-operation  with  the  War  Department, 
for  the  development  of  a  comprehensive  plan  of  flood  control,  as  herein 
defined,  and  for  the  efficient  management  and  regulation  of  said  flood 
control  system,  and  from  time  to  time  shall  make  reports  and  recom- 
mendations in  respect  thereto  to  the  Governors  of  the  signatory  states. 

The  Commission  shall  not  pledge  the  credit  of  the  signatory  states, 
or  either  of  them,  nor  shall  it  convey,  encumber,  or  in  any  way  under- 
take to  alienate  the  lands,  easements  and  rights  of  way  leased  to  it, 
as  hereinafter  provided,  or  any  part  thereof,  or  any  interest  therein, 
except  by  and  with  the  consent  of  the  signatory  states. 

Article  IV. 

There  shall  be  established  in  the  Merrimack  River  Basin  as  an 
initial  plan  of  flood  control  the  following  two  proposed  reservoirs,  to 
wit: 

(1)  At  Franklin  on  the  Pemigewasset  River  controlling  a  drainage 
area  of  approximately  one  thousand  (1,000)  square  miles,  and  provid- 
ing for  flood  control  storage  for  approximately  three  and  nineteen 
hundredths  (3.19)  inches  of  runoff  over  said  drainage  area,  the  dam 
at  said  reservoir  to  be  constructed  in  such  manner  as  to  provide  for 
flood  control  and  in  addition  thereto  to  be  so  designed  and  constructed 
as  to  make  it  available  for  conservation  or  recreational  purposes  up 
to  fifty  per  cent  of  the  volume  during  such  portions  of  the  year  as  may 
be  approved  by  the  Secretary  of  War. 

(2)  At  Swetts  Mills  on  the  Blackwater  River  controlling  a  drain- 
age area  of  one  hundred  and  twenty-five  (125)  square  miles  and  pro- 
viding for  approximately  six  and  nine-tenths  inches  of  runoff  over 
said  drainage  area,  the  dam  of  said  reservoir  to  be  constructed  in  such 
a  manner  as  to  provide  for  flood  control,  and  in  addition  thereto,  at 
the  option  of  the  State  of  New  Hampshire,  to  be  so  designed  and  con- 
structed as  to  provide  for  further  development  by  increasing  storage 
capacity,  the  added  storage  to  be  used  for  water  conservation  or  power 
development. 

The  type  and  general  plans  for  the  construction  of  the  two  reservoirs 
herein  provided  to  be  constructed  as  an  initial  plan  of  flood  control  on 
the  Merrimack  River  Basin  are  to  be  approved  by  the  Merrimack 
River  Valley  Flood  Control  Commission,  hereinbefore  created,  before 
any  construction  work  thereon  is  begun  or  prosecuted. 

In  so  far  as  any  of  the  foregoing  reservoirs  may  be  constructed  for 
the  combined  purpose  of  flood  control  and  conservation  or  recreational 
purposes,  neither  of  the  signatory  states  wherein  such  reservoirs  are 
located  shall  be  obligated  to  pay  any  additional  cost  of  construction. 


480  Acts,  1937.  —  Chap.  403. 


Article  V. 

To  the  end  that  the  Merrimack  River  Valley  Flood  Control  Com- 
mission may  give  to  the  Secretary  of  War  the  assurances  required  under 
Section  3  of  the  Act  of  Congress  hereinbefore  referred  to,  and  that  the 
lands,  easements  and  rights  of  way  necessary  for  the  construction  by 
the  United  States  of  the  reservoirs  and  structures  thereon,  herein  con- 
templated, may  be  provided,  each  state  at  the  request  of  the  Commis- 
sion shall  proceed  forthwith  to  acquire  title  to  and  possession  of  the 
lands,  easements  and  rights  of  way  within  its  territorial  limits,  which 
are  determined  and  designated  by  the  Commission  for  the  construction 
of  such  reservoir  or  reservoirs. 

Such  acquisition  shall  be  by  purchase  or  by  the  exercise  of  the  right 
of  eminent  domain,  as  said  Commission  may  direct,  and  in  the  manner 
now  or  hereafter  provided  for  by  the  law  of  the  state  wherein  such 
lands,  easements  and  rights  of  way  are  located.  Title  to  such  lands, 
easements  and  rights  of  way  shall  be  taken  in  the  name  of  the  state 
wherein  the  same  are  located.  The  cost  of  acquisition,  as  hereinafter 
defined,  shall  be  borne  by  said  Commission  and  paid  from  and  out  of 
the  funds  contributed  by  the  signatory  states  for  such  purpose,  as 
hereinafter  provided. 

Each  state,  upon  notice  from  and  at  the  sole  expense  of  said  Com- 
mission, shall  forthwith  proceed  to  make,  or  cause  to  be  made,  such 
highway  relocations,  including  the  acquisition  of  all  necessary  rights 
of  way  therefor,  and  the  construction  of  such  relocated  highway,  as 
may  become  necessary  therein  because  of  the  construction,  operation 
and  maintenance  of  any  reservoir  or  reservoirs  for  flood  control  pur- 
poses; provided,  however,  that  due  allowance  shall  be  made  on  account 
of  any  improved  type  of  construction  of  such  relocated  highway.  The 
character,  location,  route  and  construction  of  such  relocated  highways 
shall  be  determined  by  the  state  wherein  such  relocated  highways  are 
situated. 

Any  new  or  relocated  highway  shall,  after  construction,  be  and  be- 
come a  public  way  in  the  town  in  which  located,  or,  if  built  as  a  reloca- 
tion of  a  state  highway,  shall  become  a  state  highway,  and  when  the 
Commission  shall  have  notified  the  town  or  the  state,  as  the  case  may 
be,  of  the  completion  of  said  highway,  the  jurisdiction  and  responsibility 
of  the  Commission  over  same  shall  cease  and  shall  devolve  upon  the 
town  or  state  in  which  the  way  is  located. 

In  like  manner,  such  state,  at  the  expense  of  the  Commission  and 
upon  its  request  shall  procure  the  relocation  of  any  railroad,  electric 
transmission,  telephone  or  telegraph  lines,  or  other  public  utility  struc- 
tures, including  new  rights  of  way  therefor  as  may  be  essential  on 
account  of  the  construction,  operation  and  maintenance  of  such  reser- 
voir for  flood  control  purposes. 

Article  VI. 

The  Commission  shall  save  the  states  in  which  such  reservoirs  are 
located,  free  and  harmless  from  all  loss,  cost,  damage  or  expense  in 
connection  with  the  flood  control,  operation  and  maintenance  of  such 
reservoir  or  reservoirs  except  as  hereinafter  provided  in  Articles  X 
and  XII. 

In  the  construction  and  maintenance  of  such  reservoir  or  reservoirs 
the  Commission  shall  cause  the  area  which  may  be  flowed  thereby 
when  full,  to  be  cleared  of  buildings  and  aU  such  trees,  brush  and  under- 
brush as  from  time  to  time  may  be  damaged  or  kiUed  by  such  flowage; 
shall  cause  borrow  pits  or  banks,  other  excavations  or  unused  accumu- 
lations of  material  and  debris,  to  be  leveled,  graded,  masked,  removed 
or  otherwise  disposed  of  in  such  a  way  as  to  leave  no  holes  or  other 
unsightly  conditions  therein;  and  shall  cause  all  water  pockets  to  be 
properly  drained  and  the  premises  aiTected  by  such  flowage  to  be  land- 
scaped in  such  manner  as  may  reasonably  preserve  the  natural  con- 
dition of  such  premises  before  such  construction,  except  as  the  same 
necessarily  may  be  changed  thereby. 


Acts,  1937. —Chap.  403.  481 

The  lands,  easements  and  rights  of  way  hereby  leased  shall  be  exempt 
from  all  taxation,  but  the  said  commission  shall  make  payments  on  or 
before  the  first  day  of  October  of  each  year  to  each  town  in  which 
such  lands,  easements  and  rights  of  way,  respectively,  are  located,  of 
a  sum  equal  to  the  taxes  which  would  have  been  assessed  against  the 
said  lands,  easements  and  rights  of  way  in  such  town  if  the  same  had 
been  included  in  the  list  of  taxable  property  for  such  year,  at  the  as- 
sessed valuation  of  the  same  as  determined  for  the  tax  year  1936. 
Provided,  however,  that  no  payment  shall  be  made  or  required  here- 
under on  account  of  reimbursement  for  loss  of  taxes  on  any  structure 
which  may  be  erected  on  such  premises  in  connection  with  the  con- 
struction or  use  of  said  project,  or  on  account  of  any  railroad  or  other 
public  utility  which  may  be  relocated  under  the  terms  of  this  compact, 
and  which  thereafter  is  included  in  the  list  of  taxable  property  in  said 
town  when  relocated. 

Aeticle  VII. 

When  said  lands,  easements  and  rights  of  way  essential  to  the  con- 
struction of  any  dam  or  reservoir  shall  have  been  acquired  as  herein- 
before provided,  the  state  wherein  the  same  are  located  shall  make, 
execute  and  deliver  to  said  Commission  a  good  and  sufficient  lease  of 
the  same,  to  include  the  structures  thereon  when  completed  and  ac- 
cepted by  the  state,  except  as  hereinafter  provided,  upon  the  terms  • 
and  conditions  following,  to  wit: 

(a)  The  said  Commission  shall  save  the  state  in  which  said  reser- 
voirs are  respectively  located,  free  and  harmless  from  all  loss,  cost, 
damage  or  expense  in  connection  with  the  control,  operation  and  main- 
tenance of  said  reservoir  or  reservoirs  except  as  hereinafter  provided 
in  Articles  X  and  XII. 

(6)  In  the  construction  and  maintenance  of  such  reservoir  or  reser- 
voirs, the  area  which  may  be  flowed  thereby,  when  full,  shall  be  cleared 
of  buildings  and  of  such  trees,  brush  and  underbrush  as  from  time  to 
time  may  be  damaged  or  kQled  by  such  flowage;  borrow  pits  or  banks, 
other  excavations  or  unused  accumulations  of  material  and  ddbris, 
shall  be  leveled,  graded,  masked,  removed  or  otherwise  disposed  of  in 
such  a  way  as  to  leave  no  holes  or  other  unsightly  conditions  therein; 
all  water  pockets  shall  be  properly  drained;  and  the  premises  affected 
by  such  flowage  shall  be  landscaped  in  such  manner  as  may  reasonably 
preserve  the  natural  condition  of  such  premises  before  such  construc- 
tion, except  as  the  same  necessarily  may  be  changed  thereby. 

(c)  The  lands,  easements  and  rights  of  way  hereby  leased  shaU  be 
exempt  from  all  taxation;  but  the  said  Commission  shall  make  pay- 
ments on  or  before  the  first  day  of  October  of  each  year  to  each  town 
in  which  such  lands,  easements  and  rights  of  way,  respectively,  are 
located,  of  a  sum  equal  to  the  taxes  which  would  have  been  assessed 
against  the  said  lands,  easements  and  rights  of  way  in  such  town  if 
the  same  had  been  included  in  the  list  of  taxable  property  for  such 
year,  at  the  assessed  valuation  of  the  same  as  determined  for  the  tax 
year  1936.  Provided,  however,  that  no  payment  shall  be  made  or 
required  hereunder  on  account  of  reimbursement  for  loss  of  taxes  on 
any  structure  which  may  be  erected  on  such  premises  in  connection 
with  the  construction  or  use  of  said  project;  or  on  account  of  any  rail- 
road or  other  public  utility  which  may  be  relocated  under  the  terms  of 
this  compact  and  which  thereafter  is  included  in  the  list  of  taxable 
property  in  said  town  when  relocated. 

(d)  The  lands,  easements  and  rights  of  way  herein  described  are 
leased  and  demised  solely  for  the  purpose  of  flood  control,  and  for  no 
other  purpose,  and  the  said  lessor  hereby  excepts  from  this  lease  and 
reserves  unto  itself  all  benefit  or  advantage  of  water  conservation, 
power  storage  or  power  development  that  may  be  inherent  in  such 
reservoir  site,  with  the  right,  at  such  time  as  it  may  determine  and 
upon  compliance  with  the  requirements  of  the  United  vStates  respect- 
ing the  adjustment  and  payment  of  any  added  construction  cost  by 
reason  of  the  type  of  construction  adapted  for  that  purpose,  and  the 
assumption  and  payment  of  the  cost  of  acquiring  any  additional  lands, 
easements  and  rights  of  way  necessitated  by  such  additional  develop- 


482  Acts,  1937.  —  Chap.  403. 

ment,  and  the  full  preservation  of  the  principal  purpose  of  flood  con- 
trol, to  develop  the  same  in  such  manner  and  for  such  purpose  as  may 
be  essential  to  the  full  beneficial  use  thereof. 

(e)  The  term  of  said  lease  shall  be  for  the  period  of  nine  hundred 
and  ninety-nine  years,  subject  only  to  be  defeated  by  a  breach  of  the 
terms  or  the  conditions  in  this  article  set  forth. 

Article  VIII. 

The  cost  of  acquisition  of  lands,  easements  and  rights  of  way,  as 
used  or  referred  to  herein,  shall  be  deemed  to  include  the  cost  of: 

(1)  The  purchasing  or  condemning  of  lands,  easements  and  rights 
of  way  of  every  kind  and  nature  required  or  essential  in  the  construc- 
tion, development,  operation  and  maintenance  of  such  reservoirs  as 
an  effective  agency  for  flood  control,  and  including,  among  other  things, 
camp  sites,  borrow  banks  or  pits,  rock  ledges,  gravel  deposits  and  rights 
of  way  thereto  in  the  vicinity  of  .he  dam  ne  es.ary  for  the  construction 
and  maintenance  thereof. 

(2)  The  reconstruction,  relocation  or  elevation  of  public  highways, 
including  bridges  or  other  structures; 

(3)  The  reconstruction  or  relocation  of  public  service  utilities,  in- 
cluding railroads  and  the  alteration  of  bridges  and  structures  thereon, 
whether  publicly  or  privately  owned; 

(4)  The  reconstruction  or  relocation  of  telegraph,  telephone  or  elec- 
tric distribution  and  transmission  lines,  pipe  lines,  aqueducts,  water  or 
gas  mains; 

(5)  And  any  and  all  other  damages,  expenses  or  costs  that  may  be 
necessitated  or  incurred  in  procuring  and  providing  the  sites  necessary 
for  the  construction  of  the  reservoirs  herein  contemplated,  including 
the  cost  and  expense  of  acquiring  such  lands,  easements  and  rights  of 
way  and  procuring  the  reconstruction  or  relocation  of  the  highways, 
bridges,  railroads,  telephone,  telegraph  and  electric  lines,  pipes,  aque- 
ducts and  mains  above  mentioned,  or  the  rights  of  way  for  the  same, 
or  any  other  similar  expenditures. 

Article  IX. 

The  rights  to  be  acquired  and  exercised  by  the  Commission  are  solely 
for  flood  control  purposes,  and  each  of  the  respective  signatory  states, 
wherein  any  reservoir  may  be  situated,  reservfs  respectively  unto  itself 
all  benefit  or  advantage  of  water  conservation,  power  storage  or  power 
development  that  may  be  inherent  in  such  reservoir  site. 

In  the  event  either  signatory  state  may  wish  to  preserve  to  itself  the 
value  of  such  site  for  the  purposes  aforesaid,  it  may,  through  an  appro- 
priate agency  of  the  state,  so  notify  the  United  States,  through  the 
War  Department,  before  any  construction  work  is  commenced  here- 
under for  flood  control  purposes,  so  that  the  design  and  construction 
of  the  dam  at  such  site  may  be  developed  in  sui  h  manner  as  to  provide 
for  further  development  as  a  storage  reservoir  for  the  conservation  of 
water,  enhancement  of  stream  flow  or  power  development. 

Provided,  however,  that  nothing  herein  contained  shall  be  deemed 
to  prevent  either  state,  at  its  option,  at  any  time  hereafter,  by  itself  or 
through  such  agency  as  it  may  designate,  from  developing  any  such 
reservoir  or  reservoirs  for  use  for  water  conservation,  power  storage  or 
power  development,  in  order  that  it  may  avail  itself  of  the  fuU  bene- 
ficial use  and  enjoyment  of  the  rights  herein  reserved.  In  such  event, 
such  state  shall  pay  or  provide  for  the  payment  of  all  costs  or  expenses 
necessary  for  such  further  development,  including  adaptation  of  any 
existing  dam  and  works  to  such  purpose,  in  accordance  with  plans  ap- 
proved by  the  Secretary  of  War,  and  at  all  times  fully  preserve  the 
primary  purpose  of  flood  control. 

The  terms  and  conditions  under  which  any  such  signatory  state 
shall  make  available  the  rights  of  water  conservation,  power  storage 
or  power  development  herein  reserved  shall  be  determined  by  separate 
agreement  or  arrangement  between  such  state  and  the  United  States; 
and  the  type  and  general  plans  for  the  construction  of  such  of  the  reser- 


Acts,  1937.  —  Chap.  403.  483 

voirs  as  are  herein  contemplated  to  provide  for  such  further  develop- 
ment shall  be  approved  by  some  agency  of  such  state,  for  that  purpose 
duly  authorized,  before  any  construction  thereon  is  begun  or  prosecuted. 

Article  X. 

In  order  that  an  adequate  fund  may  be  established  and  created  from 
which  payments  for  the  acquisition  of  lands,  easements  and  rights  of 
way  may  be  made,  the  signatory  states  become  bound  and  each  hereby 
obligates  itself  to  pay  to  the  Commission  the  proportion  of  the  cost  of 
acquisition  of  lands,  easements  and  rights  of  way  respectively  set  forth 
below,  and  subject  to  the  limitations  hereinafter  provided  as  follows: 

(1)  The  Commonwealth  of  Massachusetts  fifty  per  cent  thereof. 

(2)  The  State  of  New  Hampshire  fifty  per  cent  thereof. 
Provided,  however,  that  it  is  the  understanding,  intent  and  purpose 

of  the  parties  hereto  that  the  cost  of  acquisition  of  lands,  easements 
and  rights  of  way  for  two  reservoirs,  provided  for  herein,  shall  not  ex- 
ceed the  sum  of  Two  Million  Two  Hundred  and  Eighty-five  Thousand 
Dollars  ($2,285,000),  and  that  the  drainage  area  of  the  Merrimack 
River  Basin  to  be  controlled  thereby  shall  be  approximately  twenty- 
two  and  one-half  (22.5)  per  cent  thereof;  and  it  is  expressly  provided 
that  the  maximum  amount  for  the  cost  of  acquisition  of  lands,  ease- 
ments and  rights  of  way  to  which  each  of  the  signatory  states  shall  be 
bound  or  obligated  on  account  of  said  two  reservoirs  shall  not  exceed 
the  respective  proportions  hereinbefore  set  forth  of  said  sum  of  Two 
Million  Two  Hundred  and  Eighty-five  Thousand  Dollars  ($2,285,000). 
The  fiscal  year  shall  be  deemed  to  begin  on  July  1st  and  end  on 
June  30th.  Payment  by  the  signatory  states  of  the  cost  of  acquisition 
shall  be  made  as  and  when  requested  by  the  Commission  on  or  after 
July  1,  1937;  provided  that  not  more  than  one-half  of  said  sum  of 
Two  Million  Two  Hundred  and  Eighty-five  Thousand  Dollars  ($2,- 
285,000)  shall  be  required  to  be  paid  in  any  fiscal  year  after  said  date. 

Article  XI. 

In  the  execution  of  the  initial  plan  of  two  reservoirs  herein  contem- 
plated said  Commission,  with  the  approval  of  the  Secretary  of  War, 
shall  determine  the  order  in  which  the  construction  work  of  the  same 
shall  be  commenced  and  prosecuted. 

The  initial  plan  for  the  construction  of  two  reservoirs  herein  men- 
tioned and  provided  for  is  part  of  a  long  range  comprehensive  program 
for  flood  control  on  the  Merrimack  River  and  its  tributaries,  the  object 
and  purpose  of  the  signatory  states  being  to  enlarge  and  expand  such 
flood  control  projects  to  an  ultimate  control. 

In  the  further  development  of  such  comprehensive  program,  said 
Commission  shall  determine  from  time  to  time  the  site,  character,  loca- 
tion and  extent  of  such  additional  reservoirs,  subject  to  the  approval 
of  the  legislature  of  the  state  in  which  the  same  may  be  located. 

Article  XII. 

Each  of  the  signatory  states  shall  annually  contribute  and  pay  to 
the  Commission  the  respective  proportions  of  the  expense  of  operation 
and  maintenance  of  the  flood  control  reservoirs  hereafter  constructed 
under  the  terms  of  this  agreement  as  follows: 

The  Commonwealth  of  Massachusetts  fifty  per  cent  thereof, 

The  State  of  New  Hampshire  fifty  per  cent  thereof, 
and  each  state  shall  make  adequate  provision  for  compliance  on  its 
part  with  the  provisions  of  this  Article,  and  funds  shall  be  made  avail- 
able as  and  when  required  upon  the  requisition  of  the  Commission. 

As  a  part  of  the  expense  of  operation  and  maintenance  of  said  reser- 
voirs the  Commission  shall  assume  and  pay  to  the  respective  towns 
entitled  thereto  the  cost  of  reimbursement  for  loss  of  taxes,  as  set 
forth  and  required  in  the  third  paragraph  of  Article  VI  hereof,  and 
shall  pay  all  costs  incident  to  or  damages  resulting  from  the  opera- 
tion and  maintenance  of  such  flood  control  reservoirs,  and  shall  save 
the  United  States  free  and  harmless  on  account  thereof,  and  shall  pay 


484  Acts,  1937.  —  Chap.  403. 

all  other  costs  or  expenses  which  may  be  necessary  in  the  operation 
and  maintenance  thereof,  including  the  expenses  of  the  members  of 
said  Commi  sion  hereinbefore  provided  to  be  paid  out  of  the  funds  of 
said  Commission. 

Article  XIII. 

Each  of  the  signatory  states  hereby  releases  and  discharges  the 
other  and  the  Commission  of  and  from  all  damages,  which  may  be 
claimed  to  result  from  the  obstruction,  detention,  impounding,  storage, 
release  or  diversion  of  the  waters  of  said  Merrimack  River  and  its 
tributaries,  in  so  far  as  the  same  may  be  in  any  way  affected  by  the 
construction,  operation  or  maintenance  of  the  reservoirs  herein  con- 
templated. 

Article  XIV. 

This  compact  shall  become  operative  and  effective  when  approved 
by  the  legislatures  of  each  of  the  signatory  states  and  by  the  Congress 
of  the  United  States.  Notice  of  approval  shall  be  given  by  the  Gov- 
ernor of  each  state  to  the  Governor  of  the  other  state  and  to  the  Presi- 
dent of  the  United  States,  and  the  President  of  the  United  States  is 
requested  to  give  notice  to  the  governor  of  each  of  the  signatory  states 
of  its  approval  by  the  Congress  of  the  United  States. 

In  witness  whereof,  This  compact  has  been  executed  by  the  Com- 
monwealth of  Massachusetts  on  the  day  of  A.D. 
19  ,  by  its  Planning  Board  thereunto  lawfully  authorized,  and  by 
the  State  of  New  Hampshire  on  the  day  of  A.D. 
19     ,  by  its  commissioners  thereunto  lawfully  authorized. 

For  the  Commonwealth  of  Massachusetts, 


Chainnan  of  State  Planning  Board. 
For  the  State  of  New  Hampshire, 


Section  2.  Said  compact,  when  approved  by  the  legis- 
latures of  each  of  said  states  and  by  the  congress  of  the 
United  States,  shall  thereupon  become  operative  and  effec- 
tive. The  governor  is  hereby  authorized  and  directed  forth- 
with to  notify  the  governor  of  New  Hampshire  and  the  presi- 
dent of  the  United  States,  that  the  commonwealth  on  its 
part  has  approved  and  ratified  said  compact.  Upon  its 
execution  in  triplicate  by  the  commissioners  of  each  of  said 
states  as  aforesaid,  a  duly  executed  original  of  said  compact 
shall  be  filed  in  the  office  of  the  state  secretary,  together  with 
the  original  notice  of  ratification  received  from  the  governor 
of  New  Hampshire,  and  such  notice,  if  any,  as  may  be  re- 
ceived from  the  president  or  the  congress  of  the  United 
States,  signifying  the  approval  thereof  by  such  congress. 

Section  3.  After  the  aforesaid  compact  shall  have  be- 
come effective  as  provided  in  section  two  of  this  act,  the 
governor,  with  the  advice  and  consent  of  the  council,  shall 
appoint  three  members  of  The  Merrimack  River  Valley 
Flood  Control  Commission,  provided  for  in  Article  H  of 
said  compact,  one  of  whom  shall  serve  until  the  first  day  of 


Acts,  1937. —Chap.  404.  485 

February,  nineteen  hundred  and  thirty-nine,  one  of  whom 
shall  serve  until  the  first  day  of  February,  nineteen  hundred 
and  forty-one,  and  one  of  whom  shall  serve  until  the  first  day 
of  February,  nineteen  hundred  and  forty-three.  During  the 
last  two  weeks  of  the  month  of  January,  nineteen  hundred 
and  thirty-nine,  and  biennially  thereafter,  the  governor, 
with  the  advice  and  consent  of  the  council,  shall  appoint  one 
member  of  the  said  commission  whose  term  of  office  shall  be 
six  years  from  and  after  the  first  day  of  February  of  the  year 
in  which  he  is  appointed.  Sections  eight  to  twelve,  inclusive, 
of  chapter  thirty  of  the  General  Laws  shall  apply  to  said 
members. 

Section  4.  Each  member  of  said  commission  appointed 
by  the  commonwealth  who  does  not  hold  salaried  state  office 
while  he  is  a  member  thereof  shall  be  paid  by  the  common- 
wealth, as  compensation  for  his  services,  the  sum  of  twenty- 
five  dollars  a  day  for  each  day's  service  performed  in  connec- 
tion with  his  duties  as  such  member.  Such  compensation 
shall  be  paid  by  the  state  treasurer  to  each  member,  not 
more  often  than  every  two  weeks,  upon  bills  approved  by  the 
chairman,  vice-chairman  or  clerk  of  said  commission. 

Approved  May  29,  1937. 

An  Act  establishing  a  commission  on  interstate  co-  rhn^  404 

OPERATION   AS   SUCCESSOR  TO   THE    COMMISSION    ON    INTER-  ^' 

state  COMPACTS  AFFECTING  LABOR  AND  INDUSTRIES  AND 
DEFINING  ITS  POWERS  AND  DUTIES,  AND  PROVIDING  FOR  A 
COMMISSION  REQUIRED  TO  BE  ESTABLISHED  UNDER  AN 
INTERSTATE  COMPACT  ON  THE  MINIMUM  WAGE. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  p''**'"  ^• 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  nine  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  adding  at  the  end  thereof,  under  the  heading,  ne'lv  sections 

COMMISSION  ON  INTERSTATE  CO-OPERATION,  the  five  following  21-25,  added. 

new  sections :  —  Section  21 .  There  shall  be  in  the  depart-  ^°™birs'o"' 
ment  of  the  state  secretary,  but  in  no  way  subject  to  his  term  of  office, 
control,  a  commission  on  interstate  co-operation,  in  this  and 
the  four  following  sections  called  the  commission.  The  com- 
mission shall  con.sist  of  nine  members  of  the  general  court, 
of  whom  three  shall  be  members  of  the  senate  designated 
by  the  president  thereof  and  six  shall  be  members  of  the 
house  of  representatives  designated  by  the  speaker  thereof, 
one  of  the  commissioners  on  uniform  state  laws  designated 
by  said  commissioners,  the  chairman  or  a  member  of  the 
state  planning  board  designated  by  the  governor,  and  four 
persons,  who  may  be  state  officials,  appointed  by  the  gover- 
nor. Members  appointed  by  the  governor  shall  serve  at  his 
pleasure.     Each  member  of  the  senate  or  house  of  repre- 


486 


Acts,  1937.  —  Chap.  404. 


Advisory 
boards. 


Powers 
and  duties. 


Report. 


sentatives  designated  as  a  member  of  the  commission  shall 
hold  office  for  the  term  of  four  years,  unless,  prior  to  the 
expiration  of  such  term,  he  shall  cease  to  be  a  member  of 
said  senate  or  house  of  representatives;  and,  in  any  such 
event,  the  resulting  vacancy  shall  be  filled  by  designation, 
for  the  remainder  of  the  unexpired  term,  made  in  the  same 
manner  as  an  original  designation.  The  chairman  of  the 
commission  shall  be  elected  by  the  commission.  The  mem- 
bers of  the  commission  shall  serve  without  compensation  but 
shall  be  paid  their  necessary  expenses  incurred  in  the  per- 
formance of  their  duties.  The  commission  may  employ  a 
secretary  and  such  other  assistants,  including  technical 
experts,  as  may  be  required  in  the  performance  of  its  duties. 
Section  22.  The  commission  may  establish  such  com- 
mittees and  advisory  boards  as  appear  desirable,  to  conduct 
conferences  and  formulate  proposals  concerning  subjects  of 
intergovernmental  co-operation.  Subject  to  the  approval 
of  the  commission,  the  members  of  every  such  committee 
and  advisory  board  shall  be  appointed  by  the  chairman  of 
the  commission.  Whenever  requested  by  the  commission, 
the  head  of  any  state  department,  board  or  commission  shall 
nominate  a  qualified  official  of  such  department  to  serve  as 
a  member  of  a  committee  or  board,  or  to  give  such  advice 
and  assistance  as  the  commission  may  desire.  Other  persons 
may  also  be  so  appointed  as  members  of  such  committees  or 
boards,  but  at  least  one  member  of  the  commission  shall  be 
appointed  as  a  member  of  every  such  committee  and  board. 
The  commission  may  make  such  rules  as  it  considers  appro- 
priate to  govern  the  membership  and  proceedings  of  any 
committee  or  board  established  as  aforesaid. 

Section  23.  It  shall  be  a  primary  function  of  the  commis- 
sion to  further  the  participation  of  the  commonwealth  as  a 
member  of  the  council  of  state  governments,  both  regionally 
and  nationally,  to  confer  with  officials  of  other  states  and 
of  the  federal  government,  to  formulate  proposals  for  co- 
operation between  this  commonwealth  and  other  states,  and 
with  the  federal  government,  and  to  organize  and  maintain 
facilities  for  accomplishing  these  purposes.  The  commission 
may  delegate  not  more  than  five  of  its  members  to  attend 
any  interstate  conference  that  may  be  necessary  or  advisable 
in  the  conduct  of  its  negotiations.  The  commission  shall 
give  particular  attention  to  the  establishment  of  fair  and 
reasonable  standards  for  labor  and  industry,  including  mini- 
mum wages,  maximum  hours  of  labor,  conditions  of  employ- 
ment of  women  and  minors  and  other  conditions  and  stand- 
ards of  employment,  and  shall  also  consider  such  questions 
as  taxation  and  crime  prevention,  and  such  other  subjects 
as  may  from  time  to  time  be  referred  to  it  by  the  governor 
or  the  general  court. 

Section  2^.  The  commission  shall  report  to  the  general 
court  with  its  recommendations  for  legislation,  if  any,  annu- 
ally during  the  month  of  December,  and  at  other  times  when 
the  status  of  its  negotiations  may  make  such  report  desirable. 


Acts,  1937.  —  Chap.  404.  487 

Section  25.  A  member  of  the  commission  on  interstate  Duties  of 
co-operation  appointed  by  the  governor  shall  be  designated  blrs%°the'"* 
by  him  to  be  a  member  of  the  commission  required  to  be  commission. 
established  by  section  two  of  Title  II  of  the  Interstate  Com- 
pact on  the  Minimum  Wage,  ratified  on  the  part  of  this 
commonwealth  by  chapter  three  hundred  and  eighty-three 
of  the  acts  of  nineteen  hundred  and  thirty-four.  The  gover- 
nor shall  also,  with  the  advice  and  consent  of  the  council, 
appoint  two  other  members  to  serve  on  said  commission  on 
the  minimum  wage.  Such  designation  and  appointments 
shall  be  so  made  that  one  member  shall  represent  industry, 
one  shall  represent  labor  and  one  shall  represent  the  pubhc, 
as  required  by  the  said  interstate  compact.  The  two  original 
appointments  under  this  section  shall  be  for  terms  of  two 
and  three  years,  respectively,  and  thereafter  each  appoint- 
ment shall  be  for  a  term  of  three  years.  Any  vacancy  in  the 
two  appointive  positions  shall  be  filled  by  appointment  in 
like  manner  for  the  remainder  of  the  unexpired  term.  The 
governor  shall  designate  the  chairman  of  said  commission 
on  the  minimum  wage,  and  its  members  shall  serve  without 
compensation  as  such  but  shall  be  paid  any  necessary  ex- 
penses incurred  in  the  performance  of  their  duties.  The 
three  members  of  said  commission  on  the  minimum  wage 
shall  always  be  members  of  any  committee  or  advisory  board 
on  industry  and  labor  established  as  hereinbefore  provided. 

Section  2.     The  existence  of  the  commission  on  inter-  Existing 
state  compacts  affecting  labor  and  industries,  established  by  oHn^erstTte 
chapter  forty-four  of  the  resolves  of  nineteen  hundred  and  compacts 
thirty-three,  and  continued  and  enlarged  by  chapter  twenty-  and^indLfriM 
five  of  the  resolves  of  nineteen  hundred  and  thirty-four  and  terminated. 
chapter  three  hundred  and  fifteen  of  the  acts  of  nineteen 
hundred  and  thirty-five,  shall  terminate  on  the  qualification 
of  the  members  of  the  commission  on  interstate  co-operation 
established  by  this  act,  which  shall  in  all  respects  be  the 
successor  of  said  commission  on  interstate  compacts  affect- 
ing labor  and  industries.    Each  member  of  the  general  court 
now  serving  as  a  member  of  the  said  commission  on  inter- 
state compacts  affecting  labor  and  industries  shall  serve  as 
a  member  of  the  commission  established  by  this  act  for  a 
term  of  four  years  from  the  effective  date  hereof,  unless, 
before  the  expiration  of  such  term,  he  shall  resign  or  cease 
to  be  a  member  of  the  branch  of  which  he  was  a  member 
when  appointed  to  said  former  commission,  and  in  that  case 
his  successor  shall  be   designated   as  provided   in   section 
twenty-one  of  chapter  nine  of  the  General  Laws,  inserted  by 
section  one  of  this  act. 

Section  3.     The  said  commission  on  interstate  co-opera-  Expense 
tion  may  expend  in  the  current  fiscal  year  such  sums,  not  ^^rj^ne  current 
exceeding,  in  the  aggregate,  one  thousand  dollars,  as  may  be 
appropriated,  in  addition  to  the  unexpended  balance  of  sums 
appropriated  for  the  expenses  of  the  said  commission  on 
interstate  compacts  affecting  labor  and  industries. 

Ay-proved  May  29,  1937. 


488  Acts,  1937.  —  Chap.  405. 


ChavA05  -^^  Act  authorizing  the  city  of  haverhill  to  construct 

AND  maintain  FLOOD  PROTECTION  WORKS  ALONG  THE 
MERRIMACK  RIVER  AND  LITTLE  RIVER,  AND  TO  USE  CERTAIN 
LAND  FOR  CERTAIN  MUNICIPAL  PURPOSES. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend 

preamble.         ^^  defeat  its  puppose,  therefore  it  is  hereby  declared  to  be  an 

emergency  law,  necessary  for  the  immediate  preservation  of 

the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Haverhill,  in  conjunction  with  the 
Merrimack  river  flood  protection  projects  of  the  United 
States  of  America,  as  authorized  by  an  act  of  Congress  ap- 
proved June  twenty-second,  nineteen  hundred  and  thirty- 
six,  may  construct  and  maintain  a  seawall,  dikes  or  other 
works  on  the  northerly  bank  of  the  Merrimack  river  and 
southerly  of  its  harbor  line,  and  over  tide  water,  within  the 
limits  of  said  city,  and  may  construct  and  maintain  a  culvert 
or  tunnel  over  the  tributary  of  said  river  now  known  as  Little 
river,  over  tide  water,  within  the  limits  of  said  city,  in  ac- 
cordance with  plans  prepared  by  the  United  States  Engi- 
neers' Office,  Custom  House,  Boston,  Massachusetts,  entitled 
"Flood  Protection  at  Haverhill,  Mass.,"  filed  or  to  be  filed 
in  the  registry  of  deeds  for  the  southern  district  of  Essex 
county. 

Section  2.  For  any  or  all  of  the  projects  authorized  by 
section  one,  said  city  may  take  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws,  or  acquire  by 
purchase  or  otherwise,  lands,  easements,  rights  of  way,  water 
rights  or  other  property,  on  the  northerly  side  of  said  Merri- 
mack river  or  on  one  or  both  sides  of  said  Little  river;  and 
any  person  injured  in  his  property  by  any  act  of  said  city 
under  any  provision  of  this  act  may  recover  from  said  city 
damages  therefor  under  said  chapter  seventy-nine. 

Section  3.  If  any  limited  or  determinable  area  within 
said  city  receives  any  benefit  other  than  the  general  advan- 
tage to  the  community  from  any  improvement  made  under 
authority  of  this  act,  under  an  order  declaring  the  same  to  be 
done  under  the  provisions  of  law  authorizing  the  assessment 
of  betterments,  the  municipal  council  of  said  city  shall, 
within  two  years  after  the  completion  of  such  improvement, 
determine  the  value  of  such  benefit  or  advantage  to  the 
lands  within  such  area,  and  assess  upon  each  parcel  thereof 
a  proportionate  share  of  the  cost  of  such  improvement,  in- 
cluding therein  all  costs  for  the  purchase  and  all  damages 
for  the  taking  of  lands,  easements,  rights  of  way,  water  rights 
and  other  property  in  order  to  carry  out  such  improvement, 
and  all  other  sums  expended  under  authority  of  this  act,  but 
not  exceeding  one  half  of  such  adjudged  benefit  or  advantage. 
Chapter  eighty  of  the  General  Laws  shall  apply  to  such 
assessments  and  the  collection  thereof,  except  as  otherwise 
provided  herein. 


Acts,  1937.  —  Chap.  406.  489 

Section  4.  The  said  city  of  Haverhill  may,  after  the 
completion  of  any  such  seawall,  fill  with  dirt  or  other  material 
all  land  north  of  said  seawall  now  or  formerly  under  tide 
water  and  which  is  not  subject  to  a  license  issued  under 
chapter  ninety-one  of  the  General  Laws,  and  may  use  said 
land  for  the  purpose  of  laying  and  maintaining  conduits  and 
pipes  or  such  other  structures  as  it  may  deem  necessary  for 
the  disposal  of  surface  water  or  sewage.  Said  city  may  use 
the  land  between  said  seawall  and  the  harbor  line,  as  estab- 
lished by  chapter  one  hundred  and  four  of  the  acts  of  eighteen 
hundred  and  eighty-three,  as  amended  by  chapter  three  hun- 
dred and  thirteen  of  the  acts  of  nineteen  hundred  and  two, 
and  as  further  amended,  for  the  further  purpose  of  laying 
out  and  maintaining  a  public  highway.  All  of  the  said  land 
north  of  said  harbor  line  now  or  formerly  under  tide  water 
shall,  except  as  otherwise  provided  herein,  be  subject  to  said 
chapter  ninety-one;  provided,  that  nothing  in  this  act  shall 
be  construed  as  an  infringement  or  revocation  of  any  license 
or  authority  granted  under  any  general  or  special  law. 

Approved  May  29,  1937. 


C/iap.406 


An  Act  relative  to  the  citation  of  executors  and  ad- 
ministrators OF  deceased  defendants  in  personal 
actions  the  cause  of  which  survives  and  to  the  time 
of  bringing  certain  of  such  actions  against  execu- 
tors and  administrators. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  preamble, 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  twenty-eight  of  g.  l.  (Ter. 
the  General  Laws  is  hereby  amended  by  striking  out  section  §  5",  etc., ' 
five,  as  amended  by  section  seven  of  chapter  two  hundred  and  a^nended. 
twentj^-one  of  the  acts  of  nineteen  hundred  and  thirty-three, 
and  inserting  in  place  thereof  the  following:  —  Section  5.  citation  of 
Such  citation  shall  be  returnable  at  such  time  as  the  court  gjl^"'"*"^' 
may  order  and  shall  be  served  fourteen  days  at  least  before 
the  return  day;  but  it  shall  not  issue  after  the  expiration  of 
one  year  from  the  time  such  executor  or  administrator  has 
given  bond,  except  that  if  the  supreme  judicial  court,  upon 
a  bill  in  equity  filed  by  a  plaintiff  or  former  plaintiff  in  a 
personal  action  the  cause  of  which  survives  and  who  had  a 
right  to  take  out  such  a  citation  against  the  executor  or 
administrator  of  a  sole  defendant  but  who  did  not  do  so 
within  the  time  hmited  in  this  section,  deems  that  justice 
and  equity  require  it  and  that  such  party  is  not  chargeable 
with  culpable  neglect  in  not  taking  out  such  citation  within 
the  time  so  limited,  it  may  order  such  executor  or  adminis- 
trator to  appear  in  that  action  and  defend  the  same  and 
may  order  that  any  finding,  verdict,  order,  judgment  or 


490 


Acts,  1937.  —  Chap.  406. 


G.  L.  (Ter. 

Ed.),  260. 

§  10,  amended. 


Limitation 
of  actions. 

Extension  of 
time  in 
certain  cases. 


G.  L.  (Ter. 
Ed.),  229, 
§  5,  amended. 


Actions  for 
death  in 
general. 


other  act  therein  entered  or  done,  which  otherwise  would 
prevent  the  prosecution  of  the  cause  to  determination  on  its 
merits,  be  vacated,  and  upon  the  fihng  therein  of  a  copy  of 
the  decree  ordering  the  vacation  thereof  such  finding,  verdict, 
order,  judgment  or  other  act  shall  stand  vacated,  and  it  may 
make  further  orders,  all  so  that  said  action  may  proceed  to 
final  determination  on  its  merits  as  though  such  executor  or 
administrator  had  been  cited  in  within  the  time  limited  by 
this  section.  If  at  the  hearing  of  such  a  bill  in  equity  it  shall 
be  made  to  appear  to  said  court  that  the  legal  representative 
of  the  deceased  person  within  nine  months  of  his  appoint- 
ment failed  to  notify  in  writing  the  petitioner  of  such  death 
and  failed  within  said  nine  months  duly  to  suggest  such 
death  in  such  action,  such  facts  may  be  sufficient  ground  for 
granting  the  relief  herein  authorized.  Neither  such  relief 
nor  the  final  determination  of  such  action  shall  affect  any 
payment  or  distribution  not  concerned  with  said  action 
which  was  made  before  the  filing  of  such  bill  in  equity. 

Section  2.  Section  ten  of  chapter  two  hundred  and 
sixty  of  the  General  Laws,  as  appearing  in  the  Tercentenary 
Edition,  is  hereby  amended  by  adding  at  the  end  the  fol- 
lowing new  sentence :  —  If  a  person,  liable  to  an  action  for 
death  the  payment  of  the  judgment  in  which  is  required  to 
be  secured  by  chapter  ninety,  dies  before  the  expiration  of 
the  time  limited  in  section  four,  or  within  thirty  days  after 
the  expiration  of  said  time,  the  action  may  be  commenced 
against  the  executor  or  administrator  subject  to  the  perti- 
nent limitations  in  chapter  one  hundred  and  ninety-seven, 
relative  to  the  limitation  of  actions  against  the  executor  or 
administrator  by  creditors  of  the  deceased. 

Section  3.  Section  five  of  chapter  two  hundred  and 
twenty-nine  of  the  General  Laws,  as  so  appearing,  is  hereby 
amended  by  striking  out,  in  the  ninth  line,  the  words  "sec- 
tion four"  and  inserting  in  place  thereof  the  words:  —  sec- 
tions four  and  ten,  —  so  as  to  read  as  follows :  —  Section  5. 
Except  as  provided  in  sections  one,  two  and  three,  a  person 
who  by  his  negligence  or  by  his  wilful,  wanton  or  reckless  act, 
or  by  the  negligence  or  wilful,  wanton  or  reckless  act  of  his 
agents  or  servants  while  engaged  in  his  business,  causes  the 
death  of  a  person  in  the  exercise  of  due  care,  who  is  not  in 
his  employment  or  service,  shall  be  liable  in  damages  in  the 
sum  of  not  less  than  five  hundred  nor  more  than  ten  thousand 
dollars,  to  be  assessed  with  reference  to  the  degree  of  his  cul- 
pability or  of  that  of  his  agents  or  servants,  to  be  recovered 
in  an  action  of  tort,  commenced,  except  as  provided  by 
sections  four  and  ten  of  chapter  two  hundred  and  sixty, 
within  two  years  after  the  injury  which  caused  the  death  by 
the  executor  or  administrator  of  the  deceased,  to  be  dis- 
tributed as  provided  in  section  one. 

Approved  May  29,  1937. 


Acts,  1937. —Chap.  407.  491 


An  Act  relative  to  public  inspection  of  certain  orders  QJidj)  407 

AND     CLAIMS,     IN    ADVANCE    OF    APPROVAL    OR    REJECTION 
thereof,  in  CONNECTION  WITH  STATE  CONTRACTS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  p"^'"'''^- 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  twenty-nine  of  the  General  Laws  is  hereby  ^J^-il^'- 
amended  by  inserting  after  section  twenty,  as  appearing  new  section 
in  the  Tercentenary  Edition,  the  following  new  section :  —  ^°^'  ^'^'^'^'^■ 
Section  20 A.  No  order  for,  or  claim  for  payment  for,  extra  Public  in- 
work  or  materials,  furnishings  or  equipment,  in  addition  to  claims,  etc, 
an  existing  contract  for  the  construction  or  repair  of  any  contracfs^*^*^ 
structure  or  of  public  works  of  any  nature  whatsoever  or  for 
equipment  or  furnishings,  shall  be  approved  by  any  official, 
board,  department  or  commission  on  behalf  of  the  common- 
wealth until  one  week  after  notice  of  intention  to  act  upon 
such  order  or  claim  shall  have  been  filed  by  him  or  it  with 
the  comptroller;  provided,  that,  in  the  case  of  any  such  order 
estimated  to  involve  a  cost  of  less  than  one  thousand  dollars 
and  in  the  case  of  any  such  order  necessitated  by  extreme 
emergency  involving  the  health  or  safety  of  persons  or  dam- 
age to  property  or  to  work  in  progress,  notice- of  the  approval 
of  such  order  may  be  filed  after  the  work  has  been  com- 
menced or  completed,  but  such  notice  shall  be  so  filed  as  soon 
as  practicable,  with  a  brief  statement  as  to  the  character  of 
the  extreme  emergency,  if  any,  and  in  any  event  such  notice 
shall  be  filed  before  final  payment  is  made  on  the  contract 
to  which  the  order  or  claim  for  extra  work  or  payment  relates. 
The  foregoing  requirements  shall  not  apply  to  change  in 
quantities  of  work  or  materials  covered  at  unit  prices  by  an 
item  or  items  in  any  such  original  contract,  nor  to  work, 
other  than  extra  work,  for  which  payment  is  specifically 
provided  in  the  contract  or  specifications.  Everj^  notice 
under  this  section  shall  contain  the  number  or  other  designa- 
tion of  such  contract,  together  with  the  title  and  date  thereof, 
and  a  statement  of  the  amount  of  the  accepted  bid  and  of 
the  estimated  total  cost  based  on  the  bid  prices  of  such  con- 
tract, and  of  the  total  amount  of  orders  or  claims  previously 
approved  for  payment,  and  of  the  chiracter  and  location  of 
work  proposed  or  included  under  each  such  order  or  claim, 
and  of  the  estimated  cost  or  amount  under  each  such  order 
or  claim.  Said  notices  shall  be  entered  by  the  comptroller 
upon  a  docket  and  shall  be  open  to  public  inspection. 

No  such  order  or  claim  shall  be  split  or  divided  for  the  pur- 
pose of  evading  any  provision  of  this  section. 

Approved  May  29,  1937. 


492 


Acts,  1937.  —  Chap.  408. 


Chap. 4.0S  An  Act  relative  to  judges  and  special  judges  of  pro- 
bate AND   INSOLVENCY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  seventeen  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
thirty-four,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following:  —  Section  34-  The 
salaries  of  all  judges  of  probate  shall  be  paid  by  the  common- 
wealth and  are  hereby  established  as  follows :  — 


G.  L.  (Ter. 
Ed.).  217,  §  34, 
amended. 


Salaries  of 
judges  of 
probate. 


County. 


Salary. 


G.  L.  (Ter. 

Ed.),  217, 

§  38,  repealed. 

G.  L.  (Ter. 
Ed.),  217, 
§§  .5  and  6, 
stricken  out, 
and  §1  5,  5A, 
6,  and  6A, 
inserted. 

Oaths  of 
judge. 


Oaths  of 
register. 


Judge  to  be 
disinterested. 


Suffolk 

$11,000 

Middlesex 

10,000 

Norfolk 

10,000 

Bristol 

8,500 

Essex 

8,500 

Hampden 

8,500 

Worcester 

8,500 

Barnstable 

6,000 

Berkshire 

6,000 

Franklin 

6,000 

Hampshire 

6,000 

Pl3^mouth 

6,000 

Dukes 

3,000 

Nantucket 

3,000 

Group  I 
Group  II 

Group  III 
Group  IV 

Group  V 


Section  2.  Section  thirty-eight  of  said  chapter  two  hun- 
dred and  seventeen,  as  so  appearing,  is  hereby  repealed. 

Section  3.  Said  chapter  two  hundred  and  seventeen  is 
hereby  further  amended  by  striking  out  sections  five  and 
six,  as  so  appearing,  and  inserting  in  place  thereof  the  follow- 
ing:—  Section  5.  Each  judge  of  probate,  before  entering 
upon  the  performance  of  his  official  duties,  in  addition  to  the 
oaths  prescribed  by  the  constitution,  shall  take  and  subscribe 
an  oath  that  he  will  faithfully  discharge  said  duties  and  that 
he  will  not  during  his  continuance  in  office  violate  any  pro- 
vision of  section  six.  Such  oath  shall  be  filed  in  the  registry 
of  probate  of  the  county  for  which  he  is  appointed. 

Section  5 A.  Each  register,  before  entering  upon  the  per- 
formance of  his  official  duties,  in  addition  to  the  oaths  pre- 
scribed by  the  constitution,  shall  take  and  subscribe  an  oath 
that  he  will  faithfully  discharge  said  duties  and  that  he  will 
not  during  his  continuance  in  office,  directly  or  indirectly, 
be  interested  in,  or  benefited  by,  the  fees  or  emoluments 
which  may  arise  in  any  suit  or  matter  pending  in  either  of 
the  courts  of  which  he  is  register.  Such  oaths  shall  be  filed 
in  the  registry  of  probate  of  the  county  for  which  he  is 
elected. 

Section  6.  No  judge  of  probate  shall  be  interested  in,  or 
benefited  by,  the  fees  or  emoluments  which  may  arise  in 
any  matter  pending  before  any  probate  court  or  court  of 
insolvency  of  this  commonwealth,  or  which  may  arise  in 
any  suit  or  action  pending  in  any  court  of  this  common- 
wealth where  the  subject  matter  or  cause  of  action  is  founded 


Acts,  1937.  —  Chap.  408.  493 

upon  or  derived  from  proceedings  begun  in  any  of  the  pro- 
bate courts  or  courts  of  insolvency  nor  shall  he,  except  as 
otherwise  provided,  be  appointed  or  act  as  executor,  admin- 
istrator, guardian,  conservator,  trustee  under  a  will,  com- 
missioner, appraiser  or  assignee  of  or  upon  an  estate  within 
the  jurisdiction  of  any  probate  court;  nor  shall  he  be  in- 
terested in  the  fees  or  emoluments  arising  from  any  of  said 
trusts.  No  judge  of  probate  receiving  a  salary  of  five  thou- 
sand dollars  or  more  shall  directly  or  indirectly  engage  in 
the  practice  of  law.  No  judge  of  probate  receiving  a  salary 
of  less  than  five  thousand  dollars  shall  be  retained  or  em- 
ployed or  act  as  counsel  or  attorney,  either  in  or  out  of 
court,  in  any  suit  or  matter  which  may  depend  on  or  in 
any  way  relate  to  a  decision,  warrant,  order  or  decree  made 
or  passed  by  any  probate  court  or  court  of  insolvency;  nor 
for  or  against  an  executor,  administrator,  guardian,  conser- 
vator or  trustee  under  a  will  appointed  within  the  jurisdic- 
tion of  any  probate  court,  in  an}'  action  or  suit  brought  by 
or  against  the  executor,  administrator,  guardian,  conservator 
or  trustee  under  a  will  as  such;  nor  in  any  action  or  suit 
relating  to  the  official  conduct  of  such  party;  nor  for  or 
against  a  creditor,  debtor  or  assignee,  in  a  cause  or  matter 
arising  out  of  or  connected  with  any  proceedings  before  any 
probate  court  or  court  of  insolvency;  nor  in  an  appeal  in 
such  cause  or  matter;  provided,  that  nothing  in  this  sec- 
tion shall  prohibit  the  practice  of  law  as  a  conveyancer  by 
a  judge  of  probate  receiving  a  salarj^  of  less  than  five  thou- 
sand dollars. 

Section  6A.  No  special  judge  of  probate,  register,  assist-  Special  judge, 
ant  register  or  person  employed  in  any  registry  of  probate  to"be di's-^**^' 
and  insolvency  shall  be  interested  in,  or  benefited  by,  the  interested, 
fees  or  emoluments  which  may  arise  in  any  matter  pending 
before  the  probate  court  or  court  of  insolvency  of  his  county; 
nor  shall  he  act  as  counsel  or  attorney,  either  in  or  out  of 
court,  in  any  matter  pending  before  said  courts  or  in  an 
appeal  therefrom;  nor  shall  he,  except  as  otherwise  provided, 
be  appointed  or  act  as  executor,  administrator,  guardian, 
conservator,  commissioner,  appraiser  or  assignee  of  or  upon 
an  estate  within  the  jurisdiction  of  his  court;  nor  shall  he 
be  interested  in  the  fees  or  emoluments  arising  from  any  of 
said  trusts;  provided,  that  nothing  in  this  section  shall  pro- 
hibit the  practice  of  law  before  said  courts  by  a  special  judge 
of  probate.  Section  seven  of  chapter  one  hundred  and 
ninety-two  and  section  seven  of  this  chapter  shall  apply  to 
a  special  judge  of  probate. 

Section  4.     Section  seven  of  said  chapter  two  hundred  E,'n '  2T7  "^'s  7 
and  seventeen,  as  so  appearing,  is  hereby  amended  by  add-  amended.' 
ing  at  the  end  the  following: —  A  judge  who  is  named  as  Judge  may 
executor  of  or  trustee  under  a  will  may  be  appointed  as  such  exelufo^ 
except  that,  if  such  will  is  offered  for  probate  in  his  county,  etc.,  in 
such  appointment  shall  be  made,  and  all  subsequent  pro-  ^^^  ^^  ''*^^*' 
ceedings  in  regard  thereto  had,  in  the  probate  court  of  an 
adjoining  county. 


494 


Acts,  1937.  —  Chap.  408. 


G.  L.  (Ter. 
Ed.),  217,  §  8, 
amended. 


Assistance  to 
other  judges. 


G.  L.  (Ter. 
Ed.),  217,  §  40, 
amended. 


Compensa- 
tion for 
certain  duties. 


G.  L.  (Ter. 
Ed.),  217,  §  41, 
amended. 


Compensation 
of  special 
judges. 


Section  5.  Said  chapter  two  hundred  and  seventeen  is 
hereby  further  amended  by  striking  out  section  eight,  as  so 
appearing,  and  inserting  in  place  thereof  the  following:  — 
Section  8.  If  a  judge  of  probate  is  unable  to  perform  his 
duties,  or  any  part  of  them,  because  of  sickness,  interest  or 
other  legal  disqualification  or  if,  in  his  opinion,  the  court  re- 
quires the  assistance  of  an  additional  judge  or  judges  or  if  there 
is  a  vacancy  in  the  office  of  judge  of  probate,  or  if  the  judge 
is  absent,  his  duties,  or  such  of  them  as  he  may  request,  shall 
if  there  is  no  special  judge  of  probate  in  said  county  ready 
to  act  be  performed  in  the  same  county  by  any  judge  or 
judges  of  probate  of  any  other  county,  who  may  be  desig- 
nated by  the  judge,  or,  in  case  of  his  failure  so  to  designate, 
who  may  be  designated  by  the  register  from  time  to  time 
as  may  be  necessary;  but,  unless  objection  is  made  by  an 
interested  party  before  the  hearing  begins,  any  case  may  be 
heard  and  determined  out  of  said  county  in  the  performance 
of  such  duties  by  such  designated  judge,  who  may  send  his 
decree  to  the  registry  of  probate  for  the  county  where  the 
case  is  pending.  Any  judge  of  probate  receiving  a  salary 
of  five  thousand  dollars  or  more  shall  assist  when  so  desig- 
nated, and  any  judge  of  probate  receiving  less  than  five 
thousand  dollars  may  assist  when  so  designated.  Two  or 
more  simultaneous  sessions  of  the  court  may  be  held,  the 
fact  being  so  stated  upon  the  record. 

Section  6.  Said  chapter  two  hundred  and  seventeen  is 
hereby  further  amended  by  striking  out  section  forty,  as  so 
appearing,  and  inserting  in  place  thereof  the  following :  — 
Section  40-  A  judge  of  probate  receiving  a  salary  of  less 
than  five  thousand  dollars  performing  any  duty  under  sec- 
tion eight  shall  receive  from  the  commonwealth,  in  addition 
to  the  amount  otherwise  allowed  him  by  law,  twenty-five 
dollars  for  each  day  that  he  performs  such  duties,  and  any 
judge  of  probate  performing  such  duties  shall  be  reimbursed 
by  the  commonwealth  for  his  traveling  expenses  necessarily 
incurred  in  the  performance  of  such  duties. 

Section  7.  Section  forty-one  of  said  chapter  two  hun- 
dred and  seventeen,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  third,  fourth  and  fifth  lines,  the  words 
"the  same  compensation  that  a  judge  of  probate  for  another 
county  would  be  entitled  to  receive  for  the  same  service" 
and  inserting  in  place  thereof  the  following :  —  twenty-five 
dollars  for  each  day  that  he  performs  such  duties,  —  so  as 
to  read  as  follows :  —  Section  41  •  Except  as  hereinafter  pro- 
vided, whenever  a  special  judge  holds  a  session  of  the  pro- 
bate court  or  court  of  insolvency,  he  shall  receive  from  the 
commonwealth  twenty-five  dollars  for  each  day  that  he  per- 
forms such  duties.  The  special  judge  of  probate  and  insol- 
vencj'-  for  Dukes  county  shall  be  paid  his  actual  traveling 
expenses  necessarily  incurred  in  the  performance  of  his  duties, 
irrespective  of  the  place  of  holding  and  attending  court,  and 
also  ten  dollars  for  each  day's  service.  Compensation  for 
sitting  in  the  place  of  the  judge  of  probate  for  said  county 


Acts,  1937.  —  Chap.  409.  495 

in  excess  of  thirty  days  in  any  one  year  shall  be  deducted 
by  the  comptroller  from  the  salary  of  the  judge. 

Section  8.     Upon  the  death,  resignation  or  removal  of  f'^g'jlpud  g 
any  special  judge  of  probate  and  insolvency,  the  office  which  abolished  ia 
he  held  shall  be  abolished  without  further  action  by  the  '"■'^'"  '^•'''• 
genera]  court. 

Section  9.  This  act  shall  take  effect  on  December  first  Effective 
in  the  current  year;  but  nothing  herein  shall  disqualify  any 
judge  from  continuing  to  act  in  the  capacity  of  executor, 
administrator,  guardian,  conservator,  trustee  under  a  will, 
commissioner,  appraiser  or  assignee  if  legally  appointed  as 
such  prior  to  said  date  or  prevent  him  from  receiving  com- 
pensation for  his  services  in  such  capacity,  and  nothing  herein 
shall  prevent  any  judge  who  shall  have  been  lawfully  en- 
gaged as  counsel  or  attorney  in  any  matter  pending  on  said 
date  from  continuing  to  act  as  counsel  or  attorney  in  said 
matter  or  from  receiving  compensation  for  his  services  as 
such.  Approved  May  29,  1937. 


ChapAm 


An  Act  relative  to  the  retirement  or  resignation  of 
members  of  the  judiciary. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-two  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended   by   inserting  after  section   sixty-five,   as  ne'w'sMtion 
appearing  in  the  Tercentenary  Edition,  the  following  new  ^^^'  added, 
section:  —  Section  65 A.     A  chief  justice  or  any  associate  Pensions 
justice  of  the  supreme  judicial  court,  the  superior  court  or  the  ^°''  J"'^^®^- 
municipal  court  of  the  city  of  Boston,  any  judge  or  associate 
judge  oi  the  land  court,  any  judge  of  probate  and  insolvency, 
a  justice  of  any  district  court  other  than  the  municipal  court 
of  the  city  of  Boston,  or  a  justice  of  the  Boston  juvenile 
court,  who  shall  be  retired  under  article  LVIII  of  the  amend- 
ments to  the  constitution,  or  who,  after  having  served  as  a 
chief  justice,  justice,  judge  or  associate  judge  of  any  such 
court  or  courts  at  least  ten  years  continuously  and  having 
attained  the  age  of  seventy  years,  shall  resign  his  office,  shall 
thereupon  be  entitled  to  receive  a  pension  for  life  at  an  annual 
rate  equal  to  three  fourths  of  the  annual  rate  of  salary  pay- 
able to  him  at  the  time  of  such  retirement  or  resignation,  to 
be  paid  from  the  same  source  and  in  the  same  manner  as  the 
salaries  of  like  judicial  officers  of  his  court  are  paid. 

Section  2.     Sections  sixty-one  to  sixty-five,  inclusive,  of  ecH  3^"' 
said  chapter  thirty-two,  as  so  appearing,  are  hereby  repealed.  §§  6i-6'5, 

Section  3.     Section   two   of   chapter  one   hundred   and  ^'^'^^^'^  ■ 
eighty-five  of  the  General  Laws,  as  appearing  in  the  Ter-  TA.)',\sh^\2, 
centenary  Edition,  is  hereby  amended  by  striking  out  all  amended, 
after  the  word  "judges"  the  first  time  it  occurs  in  the  third 
line,  —  so  as  to  read  as  follows :  —  Section  2.     There  shall  f "^1  cour/^^ 
be  three  judges  of  the  court,  one  of  whom  shall  be  appointed, 
commissioned  and  qualified  as  judge  and  the  other  two  as 
associate  judges, 


496 


Acts,  1937.  —  Chap.  409. 


G.  L.  (Ter. 

Ed.).  185, 

§  2A,  repealed. 

1922,  521, 
§  2,  etc., 
amended. 


Special  pro- 
vision relating 
to  Suffolk 
county,  etc. 


Special  pro- 
visions relating 
to  members 
of  Boston 
retirement 
system. 


Section  4.  Section  two  A  of  said  chapter  one  hundred 
and  eighty-five,  as  so  appearing,  is  hereby  repealed. 

Section  5.  Paragraph  (6)  of  section  two  of  chapter  five 
hundred  and  twenty-one  of  the  acts  of  nineteen  hundred  and 
twenty-two,  as  most  recently  amended  by  section  one  of 
chapter  three  hundred  and  ninety  of  the  acts  of  nineteen 
hundred  and  twenty-six,  is  hereby  further  amended  by  in- 
serting after  the  word  "people"  in  the  sixth  line  the  follow- 
ing:—  ,  except  members  of  the  judiciary  appointed  on  or 
after  September  first,  nineteen  hundred  and  thirty-seven,  — 
so  as  to  read  as  follows:  —  (6)  "Employee"  shall  mean  any 
person  regularly  and  permanently  in  the  employ  of  the  city 
of  Boston  or  county  of  Suffolk  and  any  official  or  public 
officer  whose  compensation  is  paid  by  said  city  or  county  or 
both,  whether  employed  or  appointed  for  a  stated  term  or 
otherwise,  (except  persons  elected  by  the  people,  except 
members  of  the  judiciary  appointed  on  or  after  September 
first,  nineteen  hundred  and  thirty-seven,  and  except  court 
officers  of  the  supreme  judicial  and  superior  courts  appointed 
prior  to  February  first,  nineteen  hundred  and  twenty-three, 
and  teachers  who,  on  September  first,  nineteen  hundred  and 
twenty-three,  are  employed  by  the  city  of  Boston  and  are 
members  of  the  state  teachers'  retirement  association)  whose 
employment  is  such  as  to  require  that  his  time  be  devoted  to 
the  service  of  the  city  or  county,  or  both,  in  each  year  during 
one  half  or  more  of  the  ordinary  working  hours  of  a  city  em- 
ployee, or  any  regular  and  permanent  employee  of  this  com- 
monwealth whose  compensation  is  wholly  paid  by  the  city  of 
Boston  or  by  the  county  of  Suffolk,  and  the  working  super- 
intendent and  his  employees  of  the  index  commissioners  of 
the  county  of  Suffolk. 

Section  6.  Notwithstanding  the  provisions  of  section  one 
of  this  act,  any  associate  justice  of  the  municipal  court  of  the 
city  of  Boston  or  the  justice  of  any  other  district  court  in 
Suffolk  county  or  of  the  Boston  juvenile  court  who  is,  on 
September  first,  nineteen  hundred  and  thirty-seven,  a  mem- 
ber of  the  Boston  retirement  system,  established  under 
chapter  five  hundred  and  twenty-one  of  the  acts  of  nineteen 
hundred  and  twenty-two,  shall  remain  a  member  of  said 
system  and  shall  not  be  entitled  to  the  benefits  of  said  sec- 
tion one,  unless  and  until  he  files,  as  hereinafter  authorized, 
with  the  retirement  board  estabhshed  under  said  chapter 
five  hundred  and  twenty-one,  a  written  statement  wherein 
he  waives  and  renounces,  for  himself,  his  heirs  and  his  legal 
representatives,  all  benefits  of  said  system.  At  any  time 
prior  to  September  first,  nineteen  hundred  and  thirt3^-eight, 
any  such  associate  justice  or  justice  may  file  with  said  board 
a  written  statement  as  aforesaid  and  thereupon  he  shall  cease 
to  be  a  member  of  said  system  and  shall  become  entitled  to 
the  benefits  of  section  one  of  this  act;  and  in  such  a  case  the 
provisions  of  section  sixteen  of  said  chapter  five  hundred  and 
twenty-one  applicable  in  the  case  of  a  member  of  the  said 


Acts,  1937. —Chaps.  410,  411.  497 

system  when  he  ceases  to  be  an  employee  of  the  city  of  Bos- 
ton or  of  the  county  of  Suffolk  by  resignation  shall  apply. 

Section  7.     This  act  shall  take  effect  on  September  first  f^^^^'"^ 
of  the  current  year;    but  nothing  contained  therein  shall 
affect  any  pension  or  retirement  allowance  granted  prior  to 
such  date.  Approved  May  29,  1937, 

An  Act  relative  to  the  time  within  which  notice  of  ChavAlQ 

THE    intention    OF   CERTAIN  COMMITTEES  TO   PARTICIPATE 
IN  CITY  AND  TOWN  PRIMARIES  SHALL  BE  FURNISHED. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty-seven  of  chapter  fifty-three  of  the  General  Edxss^^'s?. 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended, 
amended   by   striking  out,   in   the  second   line,   the   word 
"twenty-two"  and  inserting  in  place  thereof  the  word:  — 
thirty,  —  so  as  to  read  as  follows :  —  Section  57.     Notices  Notice  of 
of  intention  to  participate  in  primaries  shall  be  furnished  to  paruSpate 
to  the  city  or  town  clerk,  not  less  than  thirty  days  prior  to  ^^  primaries. 
the  day  on  which  the  primaries  are  to  be  held,  by  the  city 
and  town  committees  of  such  political  and  municipal  parties 
as  are  entitled  to  and  desire  to  participate  therein. 

Approved  May  29,  1937. 

An   Act   advancing   the   time   for   filing   nomination  Chaj).^l\ 

PAPERS    FOR    CITY    AND    TOWN    PRIMARIES    FOR    CERTIFICA- 
TION IN   CERTAIN   CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty-one  of  chapter  fifty-three  of  the  General  Ed^'sJ^lei 
Laws,  as  amended  by  chapter  one  hundred  and  forty  of  the  etc., 'amended. 
acts  of  nineteen  hundred  and  thirty-six,  is  hereby  further 
amended  by  striking  out,  in  the  seventh  line,  the  word 
"Friday"  and  inserting  in  place  thereof  the  words:  —  seventh 
day,  —  so  as  to  read  as  follows :  —  Section  61 .  All  nomina-  Nomination 
tion  papers  of  candidates  to  be  voted  for  at  city  or  town  fo/'ming'X. 
primaries  shall  be  filed  with  the  city  or  town  clerk  not  less 
than  twenty  week  days  previous  to  the  day  on  which  the 
primary  is  to  be  held  for  which  the  nominations  are  made. 
Every  such  nomination  paper  shall  be  submitted  at  or  be- 
fore five  o'clock  in  the  afternoon  of  the  seventh  day  pre- 
ceding the  day  on  which  it  must  be  filed  to  the  registrars  of 
the  city  or  town  where  the  signers  appear  to  be  voters,  and 
the  registrars  shall  check  each  name  to  be  certified  by  them 
on  the  nomination  paper  and  shall  forthwith  certify  thereon 
the  number  of  signatures  so  checked  which  are  names  of 
voters  both  in  the  city  or  town  and  in  the  district  for  which 
the  nomination  is  made,  and  only  names  so  checked  shall 
be  deemed  to  be  names  of  qualified  voters  for  the  purposes 
of  nomination.  The  registrars  need  not  certify  a  greater 
number  of  names  than  are  required  to  make  a  nomination. 


498 


Acts,  1937.  —  Chaps.  412,  413. 


increased  by  one  fifth  thereof.  Names  not  certified  in  the 
first  instance  shall  not  thereafter  be  certified  on  the  same 
nomination  papers.  The  city  or  town  clerk  shall  not  be 
required,  in  any  case,  to  receive  nomination  papers  for  a 
candidate  after  receiving  papers  containing  a  sufficient  num- 
ber of  certified  names  to  make  a  nomination,  increased  by 
one  fifth  thereof.  Approved  May  29,  1937. 


ChapA12  An  Act  relative  to  the  use  of  certain  election  dis- 
tricts IN  CITIES. 


G.  L.  (Ter. 
Ed.),  54, 
§  4,  etc., 
amended. 


When  new 
divi.sions 
of  cities 
into  wards 
take  effect. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  fifty-four  of  the  General  Laws  is  hereby  amended 
by  striking  out  section  four,  as  most  recently  amended  by 
chapter  one  hundred  and  eighty-five  of  the  acts  of  nineteen 
hundred  and  thirty-six,  and  inserting  in  place  thereof  the 
following:  —  Section  4-  For  all  elections  and  primaries  held 
in  any  city  after  it  has  been  redivided  into  wards  and  prior 
to  any  antecedent  primary  of  the  first  biennial  state  election 
at  which  representatives  are  to  be  elected  from  new  repre- 
sentative districts  established  under  the  provisions  of  the 
constitution,  the  wards  as  existing  previous  to  such  redivision 
shall  continue  and  for  all  such  pm"poses  the  election  officers 
shall  be  appointed  and  hold  office  and  voting  lists  shall  be 
prepared  and  all  other  things  required  by  law  shall  be  done 
as  if  there  had  been  no  such  redivision;  provided,  that  the 
city  council  or  a  city  may  for  the  purposes  of  any  municipal 
election  and  its  antecedent  primary  or  preliminary  election, 
if  any,  held  prior  to  said  antecedent  primary  of  the  state 
election,  order  that  the  new  wards  shall  be  in  effect  and 
thereupon  the  mayor  of  such  city  may  make  such  adjust- 
ments in  the  personnel  and  assignments  of  election  officers 
as  may  be  necessary.  In  the  establishment  of  wards  into 
voting  precincts  under  this  chapter,  no  voting  precinct  shall 
be  so  formed  that  it  will  be  partly  in  one  congressional  dis- 
trict and  partly  in  another  congressional  district. 

Approved  May  29,  1937. 


Chav. 4ild  An  Act  changing  the  titles  of  certain  officers  of  the 

DIVISION  OF  FISHERIES  AND  GAME  AND  GRADUALLY  ABOL- 
ISHING THE  OFFICES  OF  CERTAIN  OF  SUCH  OFFICERS  PAID 
BY   MUNICIPALITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  twenty-one  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  seven,  as  amended 
by  section  three  of  chapter  three  hundred  and  twenty-nine 
of  the  acts  of  nineteen  hundred  and  thirty -three,  and  insert- 
ing in  place  thereof  the  following :  —  Section  7.  Except  as 
provided  in  section  eight,  the  director  may,  subject  to  the 
approval  of  the  commissioner,  appoint  and  remove  such 


G.  L.  (Ter. 
Ed.),  21.  §  7, 
etc.,  amended. 


Conservation 
officers,  etc., 
appoint- 
ment of. 


Acts,  1937.  —  Chap.  413.  499 

experts,  conservation  officers,  coastal  wardens,  deputy 
coastal  wardens,  and  clerical  and  other  assistants  as  the  work 
of  the  division  may  require,  and  their  compensation  shall  be 
paid  by  the  commonwealth.  The  director  may  also,  subject 
to  like  approval,  appoint  deputy  conservation  officers  and 
deputy  coastal  wardens,  who  shall  serve  without  compensa- 
tion. 

Conservation  officers  and  deputy  conservation  officers 
may  be  authorized  by  the  director,  subject  to  like  approval, 
to  exercise  the  powers  and  duties  of  coastal  wardens  and 
deputy  coastal  wardens,  and  coastal  wardens  and  deputy 
coastal  wardens  may  be  so  authorized,  subject  to  like  ap- 
proval, to  exercise  the  powers  and  duties  of  conservation 
officers  and  deputy  conservation  officers. 

Section  2.     Section   one   of   chapter  one    hundred   and  Edt'iioA 
twenty-nine  A  of  the  General  Laws,  as  appearing  in  section  §  i,  etc., 
one  of  said  chapter  three  hundred  and  twenty-nine,  is  hereby  '*"'*^°^^'^- 
amended  by  striking  out  the  definition  of  "Warden"  and 
inserting  in  place  thereof  the  following :  — 

"Warden",  in  this  chapter,  any  person  appointed  under  "Warden" 
section  seven  of  chapter  twenty-one ;  in  chapter  one  hundred  '^^^°^^- 
and  thirty,  any  coastal  warden  or  deputy  coastal  warden  so 
appointed,  and  any  conservation  officer  or  deputy  conserva- 
tion officer  so  appointed,  and  authorized  by  the  director  to 
exercise  the  powers  of  a  coastal  warden  or  deputy  coastal 
warden;  and  in  chapter  one  hundred  and  thirty-one,  any 
conservation  officer  or  deputy  conservation  officer  so  ap- 
pointed, and  any  coastal  warden  or  deputy  coastal  warden 
so  appointed,  and  authorized  by  the  director  to  exercise  the 
powers  and  duties  of  a  conservation  officer  or  deputy  con- 
servation officer. 

Section  3.  In  cities  and  towns  in  which  there  is  a  fish  Reappointment 
and  game  warden  or  a  deputy  coastal  warden  paid  by  the  city  fncumlTnts 
or  town  under  the  law  as  it  existed  immediately  prior  to  the 
effective  date  of  this  act,  the  incumbent  of  said  office  may 
be  reappointed  by  the  director,  subject  to  the  approval  of  the 
commissioner,  upon  recommendation  of  the  city  council  or 
selectmen  made  not  later  than  March  first  of  each  year,  and 
may  continue  to  be  paid  by  the  city  or  town  compensation 
not  exceeding  two  hundred  dollars  per  year;  but  no  other 
person  shall  be  appointed  to  said  office  at  any  time  after  the 
effective  date  of  this  act,  and  no  appointment  shall  be  made 
by  the  director  in  nineteen  hundred  and  thirty-eight  or  there- 
after in  anj^  city  or  town  in  which  none  was  made  during  the 
year  nineteen  hundred  and  thirty-seven.  All  fish  and  game 
wardens  and  deputy  coastal  wardens  so  paid  and  holding 
office  at  said  effective  date,  and  all  incumbents  of  either  of 
said  offices  who  thereafter  are  reappointed  under  this  sec- 
tion, shall  be  deemed  to  be  wardens  as  defined  in  section  one 
of  chapter  one  hundred  and  twenty-nine  A  of  the  General 
Laws. 

Section  4.     Except  as  provided  in  this  act,  all  laws  in  Powers 
force  on  the  effective  date  of  this  act  with  respect  to  fish  and  conservation 

officers,  etc. 


500 


Acts,  1937.  —  Chaps.  414,  415. 


game  wardens  and  deputy  fish  and  game  wardens  shall  apply- 
to  conservation  officers  and  deputj'^  conservation  officers, 
respectively.  Approved  May  29,  1937. 


ChavA14:  An  Act  relative  to  the  employment  of  persons  to  serve 

IN   A    CONFIDENTIAL   CAPACITY. 


G.  L.  CTer. 
Ed.),  30,  §  7, 
amended. 


Appointment 
and  removal 
of  confidential 
employees. 


G.  L.  (Ter. 
Ed.),  31, 
new  section 
5A,  added. 


Exemption 
from  civil 
service. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirty  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  seven,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following :  —  Section  7.  Each  officer,  board  and  commis- 
sion having  supervision  and  control  of  an  executive  or  ad- 
ministrative department,  including  each  commissioner  of  the 
commission  on  administration  and  finance  and  the  officer  in 
charge  of  the  division  of  personnel  and  standardization  of 
said  commission,  the  alcoholic  beverages  control  commission 
and  the  state  racing  commission,  but  not  including  the  several 
boards  serving  in  the  division  of  registration  of  the  depart- 
ment of  civil  service  and  registration,  may  appoint  and  re- 
move a  person  to  serve  as  a  confidential  secretary.  Such 
appointment  shall  be  in  accordance  with  the  provisions  of 
sections  forty-five  to  fifty,  inclusive,  of  this  chapter  and  shall 
be  exempt  from  the  provisions  of  chapter  thirty-one. 

Section  2.  Chapter  thirty-one  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  five,  as  most 
recently  amended  by  section  three  of  chapter  two  hundred 
and  forty-four  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  the  following  new  section:  —  Section  5 A.  Each  officer, 
board  and  commission  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council,  having  supervision  and 
control  of  an  executive  or  administrative  department,  board 
or  commission  of  a  municipality,  may  appoint  and  remove  a 
person  to  serve  as  his  or  its  confidential  secretary.  Such 
employee  shall  receive  such  compensation  as  shall  be  fixed 
by  said  officer,  board  or  commission,  as  the  case  may  be,  and 
shall  be  exempt  from  the  provisions  of  this  chapter. 

Approved  May  29,  1937. 


C/iap. 415  An  Act  relative  to  the  elimination  and  suppression 

OF  insect  pests. 


G.  L.  (Ter. 
Ed.),  128, 
§  2,  etc., 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  one  hundred  and 
twenty-eight  of  the  General  Laws,  as  most  recently  amended 
by  section  one  of  chapter  two  hundred  and  ninety-one  of 
the  acts  of  nineteen  hundred  and  thirty-three,  is  hereby 
further  amended  by  inserting  after  the  word  "vegetables" 
in  the  twenty-fourth  line,  as  appearing  in  the  Tercentenary 
Edition,  the  words:  —  ,  and  offer  prizes  for,  and  in  aid  of,  the 
elimination  and  suppression  of  insect  pests,  —  so  that  para- 
graph (/)  will  read  as  follows:  — 


Acts,  1937. —Chap.  415.  501 

(/)  Offer  prizes  for  and  conduct  exhibits  of  flowers,  fruit,  ^^[1^??/°'' 
vegetables,  grasses,  grains  or  other  farm  crops,  dairy  prod- 
ucts, honey,  horses,  cattle,  sheep,  swine,  poultry,  poultry 
products,  rabbits,  hares,  farm  operations,  and  canned  and 
dried  fruits  and  vegetables,  and  offer  prizes  for,  and  in  aid 
of,  the  elimination  and  suppression  of  insect  pests. 

Section  2.     Section  one  of  chapter  one  hundred   and  SjI"}J|''- 
thirty-two  of  the  General  Laws,  as  appearing  in  the  Ter-  §'  i,  kmended. 
centenary  Edition,  is  hereby  amended  by  inserting  after 
the  word  "moths"  in  the  third  line  the  words:  —  and  tent 
caterpillars,  —  so  as  to  read  as  follows :  —  Section  1 .     The  Duties  of 
state  forester,  in  this  chapter  called  the  forester,  shall  act  state  forester. 
for  the  commonwealth  in  suppressing  the  gypsy  and  brown 
tail  moths  and  tent  caterpillars;    shall  promote  the  per- 
petuation, extension  and  proper  management  of  the  public 
and  private  forest  lands  of  the  commonwealth;    shall  give 
such  a  course  of  instruction  to  the  students  of  the  Massa- 
chusetts state  college  on  the  art  and  science  of  forestry  as 
may  be  arranged  by  the  trustees  of  the  college  and  the 
forester;    and  shall  perform  such  other  duties  as  may  be 
imposed  upon  him  by  the  governor  and  council. 

Seci'IOn  3.  Said  chapter  one  hundred  and  thirty-two  is  g.  l.  (Ter. 
herebj'-  further  amended  by  striking  out  section  eleven,  as  fii,' amended. 
so  appearing,  and  inserting  in  place  thereof  the  following:  — 
Section  11.  The  forester  may,  subject  to  the  approval  of  ^r^g^J'^i^'^e"- 
the  governor,  make  rules  and  regulations  governing  all  opera-  sion  of  insect 
tions  by  towns  or  persons  for  the  purpose  of  suppressing  the  ^'^^*^" 
gypsy  and  brown  tail  moths,  their  pupae,  nests,  eggs  and 
caterpillars,  and  tent  caterpillars,  which  are  herebj^  declared 
public  nuisances.  He  may  make  contracts  on  behalf  of  the 
commonwealth;  may  act  in  co-operation  with  any  person, 
any  other  state,  the  United  States,  or  any  foreign  govern- 
ment; may  conduct  investigations  and  gather  and  distribute 
information  concerning  said  moths  and  tent  caterpillars; 
may  use  and  require  the  use  of  all  other  lawful  means  of 
suppressing  said  moths  and  tent  caterpillars;  may  lease 
real  estate  when  he  deems  it  necessary,  and,  with  the  ap- 
proval of  the  authority  in  charge,  may  use  any  real  or 
personal  property  of  the  commonwealth;  may  at  all  times 
enter  upon  any  land,  and  may  use  all  reasonable  means 
in  suppressing  said  moths  and  tent  caterpillars;  and,  in  the 
undertakings  aforesaid,  may,  in  accordance  w^ith  this  chap- 
ter, expend  the  funds  appropriated  or  donated  therefor;  but 
no  expenditure  shall  be  made  or  liability  incurred  in  excess 
of  such  appropriations  and  donations.  No  owner  or  occu- 
pant of  an  estate  infested  by  the  aforesaid  nuisances  shall 
by  reason  thereof  be  civilly  or  criminally  liable  except  to  the 
extent  and  in  the  manner  and  form  set  forth  in  this  chapter. 

Section  4.    Section  twelve  of  said  chapter  one  hundred  g.  l.  (Ter. 
and  thirty-two,  as  so  appearing,  is  hereby  amended  by  in-  §  12,' amended. 
serting  after  the  word  "moths"  in  the  fourth  line  the  words: 
—  tent  caterpillars,  —  so  as  to  read  as  follows:  —  Section  12.  J^^^Yml^^ 
Whoever  wilfully  resists  or  obstructs  the  forester  or  any  with  moth 

work. 


502 


Acts,  1937.  —  Chap.  415. 


G.  L.  (Ter. 
Ed.),  132, 
§  13,  etc., 
amended. 


Local  moth, 
etc.,  super- 
intendents. 


G.  L.  (Ter. 

Ed.),  132, 

§  14,  amended. 

Reimburse- 
ment of  cities 
and  towns. 


officer  of  a  town,  or  a  servant  or  agent  duly  employed  by 
said  forester  or  by  any  of  said  officers  while  engaged  in  sup- 
pressing the  gypsy  and  brown  tail  moths,  tent  caterpillars, 
elm  leaf  beetle,  or  anj--  other  tree  or  shrub  destroying  pest, 
or  knowingly  fails  to  comply  with  any  of  the  rules  or  regu- 
lations issued  by  the  forester,  shall  be  punished  by  a  fine  of 
not  more  than  twenty-five  dollars. 

Section  5.  Section  thirteen  of  said  chapter  one  hundred 
and  thirty-two,  as  amended  by  chapter  eighty-seven  of  the 
acts  of  nineteen  hundred  and  thirty-five,  is  hereby  further 
amended  by  inserting  after  the  word  "moths"  in  the  fourth 
line  and  in  the  ninth  line,  in  each  instance,  the  words :  — 
and  tent  caterpillars,  —  so  as  to  read  as  follows :  —  Section 
13.  The  mayor  in  cities  and  the  selectmen  in  towns  shall 
annually  appoint  a  local  superintendent  for  the  suppression 
of  gypsy  and  brown  tail  moths  and  tent  caterpillars.  In 
cities  such  appointment  shall  be  made  in  January,  and,  in 
towns,  within  ten  days  after  the  organization  of  the  board 
of  selectmen.  Said  superintendents  shall,  under  the  advice 
and  general  direction  of  the  forester,  destroy  the  eggs,  cater- 
pillars, pupae  and  nests  of  the  gypsy  and  brown  tail  moths 
and  tent  caterpillars  within  their  respective  jurisdictions, 
except  in  parks  and  other  property  under  the  control  of  the 
commonwealth,  and  except  in  private  property,  save  as 
otherwise  provided  herein.  The  appointment  of  a  local 
superintendent  shall  not  take  effect  unless  approved  by  the 
forester;  and  when  so  approved  notice  of  the  appointment 
shall  be  given  by  the  mayor  or  the  selectmen  to  the  person 
so  appointed. 

Section  6.  Said  chapter  one  hundred  and  thirty-two  is 
hereby  further  amended  by  striking  out  section  fourteen,  as 
appearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following:  —  Section  14-  When  any  city  or  town 
in  which  one  twenty-fifth  of  one  per  cent  of  the  valuation  is 
more  than  five  thousand  dollars  shall  have  expended  within 
its  limits  city  or  town  funds  to  an  amount  in  excess  of  five 
thousand  dollars  in  any  one  year  ending  November  thirtieth 
in  suppressing  gypsy  or  brown  tail  moths  and  tent  cater- 
pillars, the  commonwealth  shall  reimburse  such  city  or  town 
to  the  extent  of  fifty  per  cent  of  such  excess  above  said  five 
thousand  dollars. 

Cities  or  towns  in  which  one  twenty-fifth  of  one  per  cent 
of  the  valuation  is  less  than  five  thousand  dollars,  and  in 
which  such  valuation  is  greater  than  six  million  dollars,  shall 
be  reimbursed  by  the  commonwealth  to  the  extent  of  eighty 
per  cent  of  the  amount  expended  by  such  cities  or  towns  of 
city  or  town  funds  in  suppressing  said  moths  and  tent  cater- 
pillars in  any  one  such  year,  in  excess  of  said  twenty-fifth  of 
one  per  cent. 

In  towns  in  which  the  valuation  is  less  than  six  million 
dollars,  after  they  have  expended  in  any  one  such  year  town 
funds  to  an  amount  equal  to  one  twenty-fifth  of  one  per  cent 
of  their  valuation,  the  commonwealth  shall  expend  within 


Acts,  1937. —Chap.  415.  503 

the  limits  thereof  for  the  suppression  of  said  moths  and  tent 
caterpillars  such  an  amount  in  addition  as  the  forester,  with 
the  advice  and  consent  of  the  governor,  shall  determine. 
The  commonwealth  shall  reimburse  cities  and  towns  every 
sixty  days. 

No  city  or  town  shall  be  entitled  to  any  reimbursement 
from  the  commonwealth  until  it  has  submitted  to  the  comp- 
troller itemized  accounts  and  vouchers  showing  the  definite 
amount  expended  by  it  for  the  purpose  of  suppressing  said 
moths  and  tent  caterpillars,  nor  shall  any  money  be  paid  out 
of  the  state  treasury  to  cities  or  towns  until  said  vouchers 
and  accounts  have  been  approved  by  the  forester  and  the 
comptroller,  nor  unless  said  expenditure  shall  have  been  duly 
authorized  and  approved  by  the  forester. 

For  the  purposes  of  this  section  and  section  sixteen,  the 
valuation  of  a  city  or  town  shall  mean  the  valuation  of  such 
city  or  town,  as  determined  by  the  last  preceding  valuation 
made  for  the  purpose  of  apportioning  the  state  tax.  Nothing 
in  this  section  shall  be  construed  to  entitle  a  city  or  town  to 
reimbursement  for  the  suppression  of  tent  caterpillars  until 
a  specific  appropriation  therefor  has  been  made  by  the  gen- 
eral court. 

Section  6A.     Section  seventeen  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  thirty-two,  as  so  appearing,  is  hereby  amended  by  f  17 'amended, 
inserting  after  the  word  "moths",  in  the  seventh,  ninth, 
twenty-third   and   twenty-fifth   lines,   and   after   the   word 
"moth",  in  the  nineteenth  line,  in  each  instance,  the  words: 
—  and  tent  caterpillars,  —  so  as  to  read  as  follows :  —  Sec-  Local  ex- 
tion  17.     Any  city  or  town  failing  to  comply  with  the  direc-  p'^"^^*"''^^- 
tions  of  the  forester  in  the  performance  of  said  work  within 
the  date  specified  by  him  shall  pay  a  fine  of  one  hundred  dol- 
lars a  day  for  failure  so  to  do,  said  fine  to  be  collected  by 
information  brought  by  the  attorney  general  in  the  supreme 
judicial  court  for  Suffolk  county. 

In  case  of  emergency,  or  where  there  is  great  or  immediate 
danger  of  the  increase  or  spread  of  moths  and  tent  caterpil- 
lars due  to  the  neglect  of  any  city  or  town  to  comply  with  the 
provisions  of  this  chapter  relating  to  the  suppression  of  gypsy 
and  brown  tail  moths  and  tent  caterpillars,  the  forester, 
with  the  consent  of  the  governor,  may  initiate  or  continue 
the  work  of  suppression  within  such  city  or  town  for  such  a 
period  as  he  may  deem  necessary.  The  cost  of  such  work, 
including  that  done  on  private  estates,  less  any  sum  due  from 
the  commonwealth  by  way  of  reimbursements  on  account  of 
said  work,  shall  be  certified  by  the  forester  to  the  state  treas- 
urer, and  be  collected  by  him  as  an  additional  state  tax  upon 
the  city  or  town  so  failing  to  comply  with  the  requirements 
of  the  law.  The  forester  may  also  in  case  of  emergency,  sub- 
ject to  the  approval  of  the  governor,  carry  on  wholly  or  in 
part  such  operations  as  may  be  necessary  to  check  the  spread- 
ing of  the  gypsy  or  brown  tail  moth  and  tent  caterpillars 
in  parks  not  under  the  control  of  the  commonwealth,  and  in 
cemeteries,  woodlands  and  other  places  of  pubfic  resort.    The 


504 


Acts,  1937.  —  Chap.  415. 


G.  L.  (Ter. 

Ed.),  132, 

§  18,  amended. 


Notice  to 
land  owners. 


Assessment  of 
cost  of  work. 


amount  to  be  so  expended  in  any  one  year  shall  not  exceed 
ten  per  cent  of  the  appropriations  made  for  the  year  by  the 
commonwealth  for  the  purpose  of  suppressing  said  moths  and 
tent  caterpillars.  The  forester  may  also  take  complete  con- 
trol of  the  work  of  suppressing  the  gypsy  and  brown  tail  moths 
and  tent  caterpillars  in  such  cities  and  towns  as  may  through 
the  proper  officials  request  it.  The  cost  of  such  work  shall  be 
certified  by  the  forester  to  the  state  treasurer,  and  shall  be 
collected  by  him  as  an  additional  state  tax  upon  the  city  or 
town  wherein  such  work  is  performed;  provided,  that  no 
citj^  or  town  shall  be  required  to  pay  more  for  such  work  than 
would  have  been  its  liability  as  defined  by  section  sixteen. 

Section  6B.  Section  eighteen  of  said  chapter  one  hun- 
dred and  thirtj^-tw^o,  as  so  appearing,  is  hereby  amended  by 
inserting  after  the  word  "moths",  in  the  fifth  and  in  the 
seventh  lines,  in  each  instance,  the  words :  —  and  tent  cater- 
pillars,—  and  by  inserting  after  the  word  "nests",  in  the 
fourteenth,  seventeenth  and  twenty-second  lines,  in  each 
instance,  the  words :  —  and  tent  caterpillars,  —  so  as  to  read 
as  follows:  —  Section  18.  The  mayor  of  every  city  and  the 
selectmen  of  every  town  shall,  on  or  before  November  first 
in  each  year,  and  at  such  other  times  as  he  or  they  shall  see 
fit  or  as  the  forester  may  order,  cause  a  notice  to  be  sent  to 
the  owner,  so  far  as  can  be  ascertained,  of  every  parcel  of 
land  therein  which  is  infested  with  said  moths  and  tent 
caterpillars;  or,  if  such  notification  appears  to  be  impracti- 
cable, by  posting  such  notice  on  said  parcels  of  land,  requiring 
that  the  eggs,  caterpillars,  pupse  and  nests  of  said  moths  and 
tent  caterpillars  shall  be  destroyed  within  a  time  specified 
therein.  The  publication  of  the  notice  in  newspapers  pub- 
lished or  circulated  in  the  city  or  town  at  least  three  times 
during  the  month  of  October  shall  be  deemed  a  compliance 
with  the  law,  if  in  the  opinion  of  the  mayor  or  selectmen 
such  publication  will  be  a  sufficient  notice. 

When,  in  the  opinion  of  the  mayor  or  selectmen,  the  cost 
of  destroying  such  eggs,  caterpillars,  pupse  or  nests  and  tent 
caterpillars  on  land  contiguous  and  held  under  one  ownership 
in  a  city  or  town  shall  exceed  one  half  of  one  per  cent  of  the 
assessed  value  thereof,  a  part  of  said  premises  on  which  said 
eggs,  caterpillars,  pupse  or  nests  and  tent  caterpillars  shall 
be  destroyed  may  be  designated  in  such  notice,  and  such 
requirement  shall  not  apply  to  the  remainder  of  said  prem- 
ises. The  mayor  or  selectmen  may  designate  the  manner  in 
which  such  work  shall  be  done,  but  all  work  done  under 
this  section  shall  be  subject  to  the  approval  of  the  forester. 

If  the  owner  shall  fail  to  destroy  such  eggs,  caterpillars, 
pupge  or  nests  and  tent  caterpillars  as  required  by  said 
notice,  the  city  or  town,  acting  by  the  local  superintendent 
appointed  under  section  thirteen,  shall,  subject  to  the  ap- 
proval of  the  said  forester,  destroy  the  same,  and  the  amount 
actually  expended  thereon,  not  exceeding  one  half  of  one  per 
cent  of  the  assessed  valuation  of  said  lands,  as  heretofore 
specified  in  this  section,  shall  be  assessed  upon  the  said 


Acts,  1937.  —  Chap.  415.  505 

lands;  and  such  an  amount  in  addition  as  shall  be  required 
shall  be  apportioned  between  the  city  or  town  and  the  com- 
monwealth in  accordance  with  section  fourteen.  The  amounts 
to  be  assessed  upon  private  estates  as  herein  provided  shall 
be  assessed  and  collected,  and  shall  be  a  lien  on  said  estates, 
in  the  same  manner  and  with  the  same  effect  as  in  the  case  of 
assessments  for  street  watering. 

Section  7.     Section  twenty-two  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  thirty-two,  as  so  appearing,  is  hereby  amended  by  ameAded '  ^  ^^' 
inserting  after  the  word  "  moths  "  in  the  second  line  the  words : 
—  or  tent  caterpillars,  —  so  as  to  read  as  follows:  —  Section  Application  for 
23.     A  person  aggrieved  by  the  taxes  assessed  upon  him  for  abatement. 
the  suppression  of  gypsy  and  brown  tail  moths  or  tent  cater- 
pillars, pursuant  to  section  eighteen  or  nineteen,  may,  within 
six  months  after  the  date  of  the  first  tax  bill  issued  on  account 
of  the  taxes  complained  of,  apply  to  the  assessors  for  the 
abatement  thereof,  who  may  make  such  abatement  as  they 
deem  reasonable. 

Section  8.     Said   chapter  one   hundred   and   thirty-two  g.  l.  (Ter. 
is  hereb}^  further  amended  by  striking  out  section  twenty-  amende^d.'  ^  ^^' 
five,  as  so  appearing,  and  inserting  in  place  thereof  the  fol- 
lowing:—  Section  25.     The  city  forester,  superintendent  or  Destruction  of 
other  person  having  charge  of  the  suppression  of  gypsy  and  on^p^v^aTe*^^ 
brown  tail  moths  and  tent  caterpillars  in  each  city  and  town  property, 
in  the  commonwealth,  or,  where  there  is  no  such  person,  the 
tree  warden  may  destroy  within  the  limits  of  his  city  or  town 
the  leopard  moth  and  elm  beetle  or  any  other  tree  or  shrub 
destroying  pest,  if  authorized  so  to  do  by  the  mayor  and  city 
council  or  by  the  selectmen  in  towns. 

Section  9.     Section  twenty-six  of  said  chapter  one  hun-  g.  l.  (Tor. 
dred  and  thirtj^-two,  as  so  appearing,  is  hereby  amended  by  amenie^l'  ^  ^®' 
inserting  after  the  word  "moths"  in  the  seventh  line  and  in 
the  ninth  line,  in  each  instance,  the  words :  —  and  tent  cater- 
pillars, —  so  as  to  read  as  follows :  —  Section  26.     The  city  Entry  on 
forester  or  other  officer  designated  in  the  preceding  section  '^'^^• 
may  enter  upon  private  land,  and  the  owners  of  private  land 
may  be  taxed  for  work  done  under  said  section  as  provided 
by  sections  eighteen  and  nineteen;   provided,  however,  that 
nothing  contained  in  this  section  shall  require  the  common- 
wealth to  pay  an}'-  part  of  any  such  expense  other  than 
for  the  suppression  of  the  gyps}''  and  brown  tail  moths  and 
tent  caterpillars,  that  no  land  shall  be  assessed  hereunder 
which  has  been  assessed  the  maximum  amount  provided  by 
said  sections  eighteen  and  nineteen  for  the  suppression  of 
the  gypsy  and  brown  tail  moths  and  tent  caterpillars,  and 
that  the  aggregate  assessment  on  any  parcel  of  private  land 
for  the  suppression  of  the  tent  caterpillar,  leopard  moth,  elm 
beetle  and  gypsj'  and  brown  tail  moths  shall  not  exceed  the 
maximum  provided  by  said  sections. 

Section  10.     Section  twenty-seven  of  said  chapter  one  g.  l.  (Ter. 
hundred  and  thirty-two,  as  so  appearing,  is  hereby  amended  ^mende^d^.'  ^  '^^' 
by  inserting  after  the  word  "moths"  in  the  first  line  and  in 
the  fifth  line,  in  each  instance,  the  words;  —  and  tent  cater- 


506 


Acts,  1937.  —  Chap.  416. 


Arsenate  of 
lead  furnished 
at  cost. 


G.  L.  (Ter. 
Ed.),  132,  §  28, 
amended. 


Collection  of 

amount 

charged. 


pillars,  —  so  as  to  read  as  follows:  —  Section  27.  To  assist 
in  exterminating  gypsy  and  brown  tail  moths  and  tent  cater- 
pillars, the  local  moth  superintendent  in  any  city  or  town 
may  furnish,  at  cost,  to  any  owner  of  real  estate  situated 
within  such  city  or  town  arsenate  of  lead.  It  shall  be  used 
only  for  the  suppression  of  gypsy  and  brown  tail  moths  and 
tent  caterpillars  and  only  upon  land  of  the  purchaser. 

Section  11.  Section  twenty-eight  of  said  chapter  one 
hundred  and  thirty-two,  as  so  appearing,  is  hereby  amended 
by  inserting  after  the  Avord  "moths!',  in  the  seventh  line, 
the  words :  —  and  tent  caterpillars,  —  so  as  to  read  as  fol- 
lows:—  Section  2S.  The  amounts  due  for  material  fur- 
nished under  the  preceding  section  shall  be  charged  by  the 
local  moth  superintendent  to  the  owners  of  private  estates, 
and  shall  be  collected  in  the  same  way  as  amounts  assessed 
for  private  work,  and  shall  be  a  lien  on  said  estates  in  the 
same  manner  as  said  assessments.  The  amount  thus  charged 
shall  be  deducted  from  the  total  amount  expended  in  each 
city  or  town  in  the  suppression  of  the  gypsy  and  brown  tail 
moths  and  tent  caterpillars  as  provided  in  section  fifteen. 

Approved  May  29,  1937. 


ChapAlQ  An  Act  providing  for  a  reserve  police  force  for  the 

METROPOLITAN   DISTRICT   COMMISSION. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.).  92, 
new  section 
62A,  added. 

Reserve 

metropolitan 

police. 


G.  L.  (Ter. 
Ed.).  92,  §  63, 
repealed. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  it  is  therefore  declared  to  be  an  emer- 
gency law,  necessary  for  the  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  ninety-two  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  sixty-two,  as  ap- 
pearing in  the  Tercentenary  Edition,  the  following  new  sec- 
tion :  —  Section  62 A .  There  is  hereby  established  a  reserve 
police  force  of  the  commission  consisting  of  such  number  of 
members,  not  less  than  fifty,  as  the  commission  may  deter- 
mine. All  members  of  said  reserve  force  shall  be  residents 
within  the  metropolitan  parks  district.  The  officer  in  charge 
of  the  regular  police  force  of  the  commission  may  assign  the 
members  of  the  reserve  police  force  to  duty  whenever  and 
for  such  length  of  time  as  he  may  deem  necessary;  and  when 
on  duty  the  members  of  said  reserve  force  shall  have  all  the 
powers  and  duties  of  members  of  the  regular  police  force. 
Appointments  to  said  reserve  force  shall  be  made  from  the 
ehgible  lists  established  therefor  in  accordance  with  the  civil 
service  rules;  provided,  that  no  person  shall  be  appointed 
to  said  reserve  force  unless  he  shall  have  been  a  resident 
within  the  metropolitan  parks  district  for  not  less  than  six 
months  immediately  prior  to  such  appointment. 

Section  2.  Section  sixty-three  of  said  chapter  ninety- 
two,  as  so  appearing,  is  hereby  repealed. 


Acts,  1937. —Chap.  417.  507 

Section  3.     Chapter  thirty-one  of  the  General  Laws  is  g.  l.  (Xer. 
hereby  amended  by  inserting  after  section  twenty  A,  as  so  ne't-^aeition 
appearing,  the  following  new  section:  —  Section  20B.     Ap-  20B.  added, 
pointments  to  the  regular  police  force  of  the  metropolitan  fff?e°'uiar^"*^ 
district  commission  shall  be  made  by  the  appointing  au-  force, 
thority  upon  certification  by  the  commissioner  from  the  list 
of  members  of  the  reserve  police  force  of  said  commission 
in  accordance  with  the  rules  of  the  board,  except  that  the 
basis  of  certification  shall  be  the  order  of  appointment  to 
such  reserve  force. 

Section  4.     Chapter  thirty-two  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  seventy,  as  most  etc!.  am"ended. ' 
recently  amended  by  section  five  of  chapter  one  hundred 
and  two  of  the  acts  of  the  current  year,  and  inserting  in 
place  thereof  the  following :  —  Section  70.    The  commission  Pensions 
may,  at  the  request  of  any  reserve  police  officer,  if  in  its  office*rs"^^ 
judgment  he  is  disabled  for  useful  service  as  such  reserve 
police  officer,  retire  him  from  active  service  and  place  him 
upon  the  pension  roll;    provided,  that  a  physician  selected 
by  the  commission  certifies  in  writing  that  such  officer  is 
permanently  disabled,  either  mentally  or  physically,  and 
that  by  reason  of  injuries  sustained  through  no  fault  of  his 
in  the  actual  performance  of  his  duty  as  a  reserve  police 
officer  he  is  unable  further  to  perform  his  duty  as  such 
officer;   and  every  member  so  retired  shall  annually  receive 
a  pension  equivalent  to  one  half  of  what  his  annual  compen- 
sation for  continuous  service  throughout  the  year  would  have 
been  at  the  rate  of  pay  he  received  from  said  commission  at 
the  time  he  received  the  injury. 

No  reserve  police  officer  whose  employment  begins  after 
June  thirtieth,  nineteen  hundred  and  thirty-seven,  shall  be 
subject  to  the  provisions  of  this  section. 

Section  5.  All  call  officers  appointed  and  employed  by  Temporarj' 
the  metropolitan  district  commission  under  section  sixty-  p™^'^'""^- 
three  of  chapter  ninety-two  of  the  General  Laws  within  two 
years  prior  to  the  effective  date  of  this  act  who  shall  have 
served  as  such  officers  at  least  five  months  in  the  aggregate 
shall  on  said  effective  date  become  members  of  the  reserve 
police  force  of  the  said  commission  without  any  further  ac- 
tion on  the  part  of  any  officer  or  board;  and  persons  so 
becoming  members  of  said  reserve  force  shall  be  entitled 
to  be  appointed  to  the  regular  police  force  of  said  commis- 
sion under  section  twenty  B  of  chapter  thirty-one  of  the 
General  Laws  before  any  other  members  of  said  reserve  force 
are  so  appointed.  Approved  May  29,  1937. 

An  Act  providing  for  an  annuity  for  william  h.  pratt  (Jhn^  41 7 

OF  MARSHFIELD,  A  FORMER  MEMBER  OF  THE  STATE  POLICE.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Subject  to  appropriation,  there  shall  be  paid  out  of  the 
state  treasury  to  William  H.  Pratt  of  Marshfield,  formerly 


508  Acts,  1937. —Chaps.  418,  419. 

a  member  of  the  state  police,  who  was  injured  in  the  per- 
formance of  his  duties  as  a  member  of  the  state  police  on 
June  twenty-sixth,  nineteen  hundred  and  twenty-seven,  an 
annuity  of  seven  hundred  and  fifty  dollars,  payable  in  equal 
monthly  instalments,  for  a  period  of  five  years.  No  pay- 
ment shall  be  made  hereunder  until  there  has  been  filed  with 
the  state  treasurer  an  agreement  signed  by  said  WiUiam  H, 
Pratt  that  the  amount,  if  any,  to  be  paid  for  legal  services 
rendered  in  connection  with  the  passage  of  this  resolve  shall 
not  exceed  ten  per  cent  of  the  amounts  paid  hereunder. 

(This  hill,' returned  by  the  governor  to  the  Senate,  the  branch 
in  which  it  originated,  with  his  objections  thereto,  ivas  passed 
by  the  Senate,  May  28  (P.M.),  1937,  and,  in  concurrence,  by 
the  House  of  Representatives,  May  28,  1937,  the  objections  of 
the  governor  notwithstanding,  in  the  manner  prescribed  by  the 
constitution;  and  thereby  has  ^' the  force  of  a  law".) 

ChapAlS  An  Act  further  providing  for  permits  for  the  trans- 
portation AND  DELIVERING  OF  ALCOHOLIC  BEVERAGES  OR 
ALCOHOL  IN  TRUCKS. 

Emergency  Whercas,    The  deferred  operation  of  this  act  would  tend 

preamble.  ,  .'  ,  .'^      . ,    .     ■,  ■,         ■,      ,  i.i 

to  defeat  its  purpose,  thereiore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Ed)'i38'^i  2'>  Section  twenty-two  of  chapter  one  hundred  and  thirty- 
etc'.,'amendedr'  eight  of  the  General  Laws,  as  most  recently  amended  by 
section  twenty-two  of  chapter  four  hundred  and  forty  of  the 
acts  of  nineteen  hundred  and  thirty-five,  is  herebj'-  further 
amended  by  striking  out  the  fourth  and  fifth  paragraphs 
and  inserting  in  place  thereof  the  following  paragraph :  — 
^on"per°^ts  ^^^  individual,  partnership  or  corporation  regularly  and 

lawfully  conducting  a  general  express  or  trucking  business 
or  regularly  and  lawfully  engaged  in  the  business  of  leasing 
trucks  for  hire,  with  or  without  drivers,  may,  if  authorized 
by  a  permit  issued  by  the  commission,  transport  and  deliver 
alcoholic  beverages  or  alcohol.  The  fee  for  such  a  permit 
shall  be  five  dollars.  No  holder  of  such  a  permit  shall  be 
granted  a  permit  under  section  nineteen  A. 

Approved  May  29,  1937. 

Chap  Aid  An  Act  relative  to  the  improvement  of  the  town  river 

IN    QUINCY. 

prTambk'^  Whereas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth,  subject  to  appropriation,  for 


Acts,  1937.  —  Chap.  420.  509 

the  improvement  of  Town  river  in  the  city  of  Quincy  in 
accordance  with  a  project  of  the  federal  government,  sixty- 
eight  thousand  four  hundred  and  sixty  dollars;  provided, 
however,  that  no  part  of  this  amount  shall  be  expended  until 
the  congress  of  the  United  States  shall  have  appropriated 
the  sum  of  three  hundred  and  nineteen  thousand  four  hun- 
dred and  eighty  dollars  for  the  improvement  aforesaid,  and 
the  city  of  Quincy  shall  have  appropriated  and  paid  into  the 
state  treasury  sixty-eight  thousand  four  hundred  and  sixty 
dollars  as  a  contribution  toward  said  improvement  and  shall 
have  agreed  to  provide,  free  of  cost,  suitable  areas  for  the 
disposal  of  the  dredged  material.  When  congress  shall  have 
made  the  appropriation  and  the  city  of  Quincy  its  contribu- 
tion and  agreement,  the  one  hundred  and  thirty-six  thousand 
nine  hundred  and  twenty  dollars  hereby  provided  shall  be 
placed  to  the  credit  of  the  secretary  of  war  of  the  United 
States  as  a  cash  deposit,  for  the  improvement  of  said  river. 

Section  2.  For  the  purpose  of  meeting  the  payment  re- 
quired to  be  made  as  aforesaid,  the  city  of  Quincy  may 
borrow  from  time  to  time  within  a  period  of  five  years  from 
the  passage  of  this  act  sums  not  exceeding,  in  the  aggregate, 
sixt3^-eight  thousand  four  hundred  and  sLxty  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words.  City  of  Quincy  Town  River  Improvement 
Loan,  Act  of  1937.  Each  authorized  issue  shall  constitute  a 
separate  loan,  and  such  loans  shall  be  paid  in  not  more  than 
five  years  from  their  dates.  Indebtedness  incurred  by  said 
city  under  this  act  may  be  in  excess  of  the  statutory  limit  and 
shall,  except  as  herein  provided,  be  subject  to  chapter  forty- 
four  of  the  General  Laws,  exclusive  of  the  limitation  con- 
tained in  the  first  paragraph  of  section  seven  thereof. 

Approved  May  29,  1937. 


An  Act  amending  the  law  relating  to  the  taxation  of  phn^y  42O 

TRANSFERS   OF   CERTAIN   ESTATES.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  sixty-five  A  of  the  o.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  one  of  fic'^'am^'ded' 
chapter  three  hundred  and  sixteen  of  the  acts  of  nineteen  hun- 
dred and  thu'ty-three,  is  hereby  further  amended  by  insert- 
ing after  the  first  paragraph  the  following  new  paragraph :  — 
A  tax  is  hereby  imposed  upon  the  transfer  of  the  estate  of  Tax  upon 
every  person  who  at  the  time  of  death  was  a  resident  of  this  eatate^'^  ° 
commonwealth  and  whose  estate  is  subject  to  an  estate  tax 
imposed  under  anj^  act  of  congress  subsequent  to  the  federal 
revenue  act  of  nineteen  hundred  and  twenty-six,  the  amount 
of  which  shall  be  the  amount  by  which  the  federal  credit  under 
such  federal  revenue  act  shall  exceed  the  aggregate  amount 
of  all  estate,  inheritance,  legacy  and  succession  taxes  actually 
paid  to  the  several  states  of  the  United  States  in  respect  to 
any  property  owned  by  such  decedent  or  subject  to  such 


510 


Acts,  1937.  —  Chap.  420. 


G.  L.  (Ter. 
Ed.) ,  65A,  §  6, 
amended. 


Federal 
revenue  act, 
change  in. 


taxes  as  a  part  of  or  in  connection  with  his  estate.,  —  so  as 
to  read  as  follows:  —  Section  1.  A  tax  is  hereby  imposed 
upon  the  transfer  of  the  estate  of  every  person  dying  after 
February  twenty-sixth,  nineteen  hundred  and  twenty-six, 
who  at  the  time  of  death  was  a  resident  of  this  common- 
wealth, the  amount  of  which  shall  be  the  amount  by  which 
eighty  per  cent  of  the  estate  tax  payable  to  the  United  States 
under  the  provisions  of  the  federal  revenue  act  of  nineteen 
hundred  and  twenty-six  shall  exceed  the  aggregate  amount 
of  all  estate,  inheritance,  legacy  and  succession  taxes  actually 
paid  to  the  several  states  of  the  United  States  in  respect  to 
any  property  owned  by  such  decedent  or  subject  to  such 
taxes  as  a  part  of  or  in  connection  with  his  estate. 

A  tax  is  hereby  imposed  upon  the  transfer  of  the  estate  of 
every  person  who  at  the  time  of  death  was  a  resident  of  this 
commonwealth  and  whose  estate  is  subject  to  an  estate  tax 
imposed  under  any  act  of  congress  subsequent  to  the  federal 
revenue  act  of  nineteen  hundred  and  twenty-six,  the  amount 
of  which  shall  be  the  amount  by  which  the  federal  credit 
under  such  federal  revenue  act  shall  exceed  the  aggregate 
amount  of  all  estate,  inheritance,  legacy  and  succession  taxes 
actually  paid  to  the  several  states  of  the  United  States  in 
respect  to  any  property  owned  by  such  decedent  or  subject 
to  such  taxes  as  a  part  of  or  in  connection  with  his  estate. 

A  tax  is  hereby  imposed  upon  the  transfer  of  real  property 
or  tangible  personal  property  in  the  commonwealth  of  every 
person  who  at  the  time  of  death  was  a  resident  of  the  United 
States  but  not  a  resident  of  the  commonwealth,  and  upon 
the  transfer  of  all  property,  both  real  and  personal,  within 
the  commonwealth  of  every  person  who  at  the  time  of  death 
was  not  a  resident  of  the  United  States,  the  amount  of  which 
shall  be  a  sum  equal  to  such  proportion  of  the  amount 
by  which  the  credit  allowable  under  the  applicable  federal 
revenue  act  for  estate,  inheritance,  legacy  and  succession 
taxes  actually  paid  to  the  several  states  exceeds  the  amount 
actually  so  paid  for  such  taxes,  exclusive  of  estate  taxes  based 
upon  the  difference  between  such  credit  and  other  estate 
taxes  and  inheritance,  legacy  and  succession  taxes,  as  the 
value  of  the  property  in  the  commonwealth  bears  to  the  value 
of  the  entire  estate,  subject  to  estate  tax  under  the  applicable 
federal  revenue  act. 

Section  2.  Section  six  of  said  chapter  sixty-five  A,  as 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  inserting  after  the  word  "  act "  in  the  second  line  the  words : 
—  or  any  subsequent  federal  revenue  act,  —  so  as  to  read 
as  follows :  —  Section  6.  If  the  amount  of  tax  imposed  by 
Title  III  of  said  revenue  act  or  any  subsequent  federal 
revenue  act  shall  be  increased  or  decreased  as  affecting  an 
estate  taxable  hereunder  subsequent  to  the  payment  of  the 
tax  on  account  of  such  estate  imposed  by  section  one  of  this 
chapter  the  tax  imposed  upon  such  estate  hereunder  shall  be 
changed  accordingly.  Any  additional  tax  shall  be  assessed 
by  the  commissioner  and  paid  within  thirty  days  after  the 


Acts,  1937. —Chap.  421.  511 

date  of  the  notice  from  the  commissioner  of  the  amount 
thereof.  Any  excess  tax  received  by  the  commonwealth 
shall  be  refunded  within  thirty  days  after  the  amount  shall 
have  been  certified  by  the  commissioner  with  interest  at  six 
per  cent  from  the  date  of  payment,  without  appropriation. 

Section  3.     Section  seven  of  said  chapter  sixty-five  A,  Ed.\"65Ar§7, 
as  so  appearing)  is  herebj^  repealed.  repealed. 

Section  4.     Sections  one  and  two  of  this  act  shall  apply  Application 
only  to  estates  of  persons  dying  on  and  after  June  first,  °^*'^*' 
nineteen  hundred  and  thirty-seven. 

Approved  May  29,  1937. 

An  Act  kelative  to  unemployment  compensation.      ChapA21 

Whereas,    The  deferred  operation  of  this  act  would  tend  pr'^f^bi""^ 
to  defeat  its  purpose,  it  is  hereby  declared  to  be  an  emergency 
law,  necessar}'^  for  the  immediate  preservation  of  the  public 
convenience. 

Be  if  enacted,  etc.,  as  follows: 

Section  1.     The  General  Laws  are  hereby  amended  by  g.  l.  (Ter. 
striking  out  chapter  one  hundred  and  fifty-one  A,  as  amended,  etc!!' 
and  inserting  in  place  thereof  the  following: —  amended. 

Chapter  151  A. 

Unemployment  Compensation. 

Definitions. 

Section  1.     The  following  words  and  phrases  as  used  in  Definitions, 
this  chapter  shall  have  the  following  meanings,  unless  the 
context  clearly  requires  otherwise:  — 

(a)  "Benefit",  the  money  allowance  payable  to  an  indi- 
vidual as  compensation  for  his  wage  losses  due  to  unemploy- 
ment, as  provided  in  this  chapter. 

(6)  "Commission  ",  the  unemployment  compensation  com- 
mission established  under  section  nine  I  of  chapter  twenty- 
three. 

(c)  "Contributions",  the  money  payments  to  the  unem- 
ployment compensation  fund  required  by  this  chapter. 

(d)  "Emploj^ee",  any  individual  employed  in  any  quarter 
by  any  emploj'er  subject  to  this  chapter  and  in  emplojmient 
subject  thereto. 

(e)  "Employer",  any  employer  subject  to  this  chapter. 

(/)  "EmplojTnent",  service,  including  service  in  inter- 
state commerce,  all  of  which  is  customarily  performed  within 
the  commonwealth,  under  any  contract,  oral  or  written,  ex- 
press or  implied,  by  an  emploj'ee  for  his  employer. 

In  the  case  of  individuals  performing  service  partly  in  the 
commonwealth  and  partly  elsewhere,  the  term  "employ- 
ment" shall  include  the  emplojTnent  of  such  individuals  to 
the  extent  prescribed  by  general  rules  or  regulations  adopted 
by  the  commission;  provided,  that  such  rules  or  regulations 
shall  include  within  the  term  "employment"  service  which 


512  Acts,  1937. —Chap.  421. 

may  reasonably  be  allocated  to  the  commonwealth  and  with 
respect  to  which  contributions  are  not  required  and  paid 
under  an  unemployment  compensation  law  of  any  other 
state. 

The  term  ''employment",  unless  the  context  otherwise 
requires,  shall  not  apply  to  — 

(1)  Service  in  agricultural  labor; 

(2)  Domestic  service  in  a  private  home; 

(3)  Service  performed  as  an  officer  or  member  of  the  crew 
of  a  vessel  on  the  navigable  waters  of  the  United  States; 

(4)  Service  performed  by  an  individual  in  the  employ  of 
his  son,  daughter  or  spouse,  and  service  performed  by  a  child 
under  the  age  of  twenty-one  in  the  employ  of  his  father  and 
mother,  or  either; 

(5)  Service  performed  in  the  employ  of  the  United  States 
or  of  an  instrumentality  of  the  United  States;  provided 
that  this  exception  shall  not  apply  to  service  performed  in 
the  employ  of  any  instrumentality  of  the  United  States  if 
and  so  long  as  the  congress  permits  the  exaction  of  payments 
to  an  unemployment  fund  under  a  state  law  from  such  in- 
strumentality and  from  individuals  in  its  employ;  and,  pro- 
vided, further,  that  if  this  commonwealth  should  not  be 
certified  by  the  federal  social  security  board  under  section 
nine  hundred  and  three  of  the  federal  social  security  act  for 
any  j^ear,  then  the  payments  required  of  such  instrumentali- 
ties and  of  individuals  in  their  employ  with  respect  to  such 
year  shall  be  deemed  to  have  been  erroneously  collected 
within  the  meaning  of  section  eight  of  this  chapter. 

(6)  Service  performed  in  the  employ  of  an}'  state,  any 
political  subdivision  thereof,  or  any  instrumentality  of  one 
or  more  states  or  political  subdivisions; 

(7)  Service  performed  in  the  employ  of  a  corporation,  or 
of  a  community  chest,  community  fund  or  community 
foundation,  so-called,  organized  and  operated  exclusively 
for  a  religious,  charitable,  scientific,  literary  or  educational 
purpose,  or  for  the  purpose  of  the  prevention  of  cruelty  to 
children  or  animals,  or  for  any  combination  of  such  pur- 
poses, no  part  of  the  net  earnings  of  which  enures  to  the 
benefit  of  any  private  shareholder  or  individual; 

(g)  "Employment  office",  the  free  public  employment 
office  operated  by  the  commonwealth  in  the  employment 
district  in  which  the  employee  resides  or  is  employed,  or  the 
branch  or  local  office  nearest  to  his  place  of  residence  or 
employment,  unless  otherwise  prescribed  by  the  commis- 
sion. 

(h)  "Fund",  the  unemployment  compensation  fund  estab- 
lished by  this  chapter. 

(i)  "Pay  roll",  the  total  amount  of  all  wages  for  employ- 
ment subject  to  this  chapter. 

0)  "Quarter",  any  one  of  the  following  periods  of  the 
year  nineteen  hundred  and  thirty-seven  or  any  subsequent 
year:  January  first  to  March  thirty-first,  inclusive;  April 
first  to  June  thirtieth,  inclusive;    July  first  to  September" 


Acts,  1937. —Chap.  421.  513 

thirtieth,  inclusive;  October  first  to  December  thirty-first, 
inclusive. 

(k)  "Quarterly  wage",  the  amount  of  wages  of  an  em- 
ployee in  a  quarter  from  one  or  more  employers  in  any  em- 
ployment, allocated  to  said  quarter  in  such  manner  as  the 
commission  shall  prescribe;  provided,  that,  if  wages  in  any 
one  quarter  are  in  excess  of  six  hundred  and  twenty-five 
dollars,  such  excess  shall  be  allocated  in  such  manner  as  the 
commission  shall  prescribe  to  those  quarters  of  the  same 
year,  if  any,  in  which  wages  are  less  than  six  hundred  and 
twenty-five  dollars  per  quarter. 

(I)  "Unemployment",  an  individual  shall  be  deemed  in 
unemployment  in  any  week  in  which  he  performs  no  wage- 
earning  service  whatever,  and  in  which  he  earns  no  wages  or 
other  pay  for  personal  services,  including  net  earnings  from 
self-emplojmient,  and  in  which,  though  capable  of  and  avail- 
able for  work,  he  is  unable  to  obtain  any  suitable  work  and 
cannot  reasonably  return  to  any  self-employment  in  which 
he  is  customarily  engaged.  As  used  in  this  subsection,  the 
term  "wages"  shall  include  only  that  part  of  remuneration 
for  odd  jobs  or  subsidiary  work,  or  both,  which  is  in  excess 
of  three  dollars  in  any  one  week,  and  the  term  "services" 
shall  not  include  that  part  of  odd  jobs  or  subsidiary  work, 
or  both,  for  which  remuneration  not  in  excess  of  three  dollars 
in  any  one  week  is  payable. 

(m)  "Unemployment  compensation  administration  ac- 
count", the  account  set  up  for  the  purpose  of  meeting  the 
expenses  of  administration  under  this  chapter. 

(n)  "Wages",  every  form  of  remuneration  of  an  employee 
subject  to  this  chapter  for  employment  by  an  employer, 
whether  paid  or  payable  directly  or  indirectly,  including 
salaries,  commissions  and  bonuses,  and  reasonable  value  of 
board,  rent,  housing,  lodging,  payments  in  kind  and  similar 
advantages. 

(0)  "Week",  seven  consecutive  days  beginning  on  Sun- 
day. 

Section  lA.     The  following  employers  shall  be  subject  to  Employers 
the  provisions  of  this  chapter:  Any  individual,  partnership,  chapter.*" 
firm,  association,  trustee,  corporation,  whether  domestic  or 
foreign,  or  his  or  its  legal  representative,  trustee  in  bank- 
ruptcy or  receiver,  or  the  legal  representative  of  a  deceased 
person,  who  or  which,  or  whose  agent, 

(1)  Has  employed  in  employment  subject  to  this  chapter 
on  some  day  in  each  of  twenty  weeks  in  the  year  nineteen 
hundred  and  thirty-seven  or  in  any  subsequent  year  at  least 
eight  individuals.  Such  employment  shall  constitute  such 
an  emploj'er  an  emploj^er  hereunder  as  of  January  first  of 
the  3-ear  in  which  such  employment  occurs.  Such  employ- 
ment of  four,  five,  six  or  seven  indi\iduals  in  the  year  nine- 
teen hundred  and  thirty-eight  shall  constitute  such  employer 
an  emploj-er  hereunder  as  of  January  first  in  the  year  nine- 
teen hundred  and  thirty-nine.  Such  emploj^ment  of  four, 
five,  six  or  seven  individuals  in  the  year  nineteen  hundred 


514 


Acts,  1937. —Chap.  421. 


Employees, 
defined. 


Contributions. 


Employers' 
contributions. 


and  thirty-nine  and  in  any  subsequent  year  shall  constitute 
such  employer  an  employer  as  of  the  first  day  of  the  quarter 
following  the  twentieth  week  of  such  employment ;  or 

(2)  Is  subject  to  Title  IX  of  the  federal  social  security 
act,  so-called,  and  who  employs  one  or  more  individuals 
within  the  commonwealth  in  emplojnnent  subject  to  this 
chapter;   or 

(3)  Has  elected  to  become  fully  subject  to  this  chapter  as 
hereinafter  provided  and  for  so  long  as  such  election  remains 
in  force ;   or 

(4)  Has  acquired  the  organization,  trade  or  business,  or 
substantially  all  the  assets  thereof,  of  another  employer  who 
at  the  time  of  such  acquisition  was  an  employer  subject  to 
this  chapter;   or 

(5)  Has  acquired  a  part  of  the  organization,  trade  or 
business  of  another  employer,  which  part,  if  a  separate  or- 
ganization, trade  or  business,  would  have  constituted  the 
employer  thereof  an  employer  under  this  chapter. 

Section  IB.  All  individuals  employed  by  an  employer 
in  all  of  his  several  places  of  employment  maintained  within 
the  commonwealth  shall  be  treated  as  employed  by  a  single 
employer  for  the  purposes  of  this  chapter. 

No  employer  subject  to  this  chapter  shall  cease  to  be  sub- 
ject hereto  except  upon  a  written  application  therefor  by 
him,  which  application  may  be  filed  with  the  commission 
prior  to  March  thirty-first  in  any  year,  and  after  a  finding 
by  the  commission  that  he  has  not  on  any  day  within  the 
then  last  year  employed  four  or  more  individuals  in  employ- 
ment subject  to  this  chapter,  whereupon  such  employer  shall 
cease  to  be  subject  hereto  as  of  January  first  of  the  year  in 
which  such  finding  is  made.  Any  employer  of  one  or  more 
individuals  in  employment  within  the  commonwealth,  who 
is  not  otherwise  subject  to  this  chapter,  shall  become  fully 
subject  hereto  upon  filing  with  the  commission  his  election 
to  become  fully  subject  hereto  for  not  less  than  two  years 
and  upon  the  written  approval  of  such  election  by  the 
commission. 

Contributions. 

Section  2.  On  and  after  January  first,  nineteen  hundred 
and  thirty-seven,  contributions  shall  become  due  and  pay- 
able by  each  employer  who  was  subject  to  this  chapter  on 
said  date.  Contributions  by  any  employer  who  was  not 
subject  to  this  chapter  on  said  date  shall  become  due  and 
payable  on  and  after  the  date  on  which  he  became  or  becomes 
subject  hereto.  The  contributions  required  hereunder  shall 
be  paid  to  the  commonwealth  in  such  manner  and  at  such 
times  as  the  commission  may  prescribe,  and  shall  be  paid  over 
by  the  commission  to  the  state  treasurer  and  credited  bj'-  him 
to  the  fund. 

Section  S.  Each  employer  shall  make  contributions  in 
his  own  behalf  for  the  year  nineteen  hundred  and  thirty- 
seven  at  the  rate  of  one  and  eight  tenths  per  cent  of  so  much 


Acts,  1937. —Chap.  421.  515 

of  his  pay  roll  as  is  subject  to  this  chapter.  Each  employer 
shall  make  contributions  in  his  own  behalf  for  each  year 
thereafter  at  the  rate  of  two  and  seven  tenths  per  cent  of 
such  portion  of  such  pay  roll. 

Section  4-  Each  employee  shall  contribute  to  the  fund  Employees' 
one  per  cent  of  that  part  of  his  wages  not  in  excess  of  twelve 
hundred  and  fifty  dollars  earned  between  July  first  and  De- 
cember thirty-first,  nineteen  hundred  and  thirty-seven,  and 
not  in  excess  of  six  hundred  and  twenty-five  dollars  multi- 
plied by  the  number  of  complete  quarters  remaining  in  the 
year  after  his  employer  has  become  an  employer  subject  to 
this  chapter;  and  during  each  year  thereafter  he  shall  con- 
tribute one  per  cent  of  that  part  of  his  wages  not  in  excess  of 
twenty-five  hundred  dollars. 

Each  employer  shall  withhold  such  contributions  from 
the  wages  of  his  employees  at  the  time  such  wages  are  paid, 
shall  show  such  deduction  on  his  pay  roll  records,  and  shall 
transmit  all  such  contributions  to  the  fund,  as  the  commis- 
sion shall  prescribe.  If  any  employer  fails  to  deduct  the  con- 
tributions of  any  employee  at  the  time  his  wages  are  paid  or 
fails  to  make  a  deduction  therefor  at  the  time  the  emploj^ee's 
wages  are  paid  for  the  next  succeeding  pay  roll  period, 
the  employer  alone  shall  thereafter  be  liable  for  such  con- 
tribution. 

Contributions  by  employees  withheld  by  employers  under 
authority  of  this  chapter  shall  be  exempt  from  trustee  process 
or  other  remedy  for  the  collection  of  debts. 

In  the  event  that  contributions  from  the  wages  of  an  indi- 
vidual are  withheld  by  an  employer  who,  before  transmission 
of  said  contributions  to  the  commission,  is  determined  not 
to  be  an  employer  subject  to  this  chapter,  such  contributions 
shall  thereupon  be  returned  to  such  individual  by  the  em- 
ployer. 

Wages  of  three  dollars  or  less  in  any  one  week  shall  not 
be  subject  to  employee  contributions  hereunder. 

Employee  contributions  in  the  possession  of  an  employer 
shall  constitute  a  special  fund  in  trust  for  the  commonwealth. 

The  percentages  of  employee  and  employer  contributions 
established  under  this  and  the  preceding  section  shall,  after 
the  year  nineteen  hundred  and  thirty-eight,  bear  the  same 
ratio  each  to  the  other  as  they  did  in  the  year  nineteen  hun- 
dred and  thirty-eight. 

Section  5.  If  any  employer  fails  to  make  or  transmit  interest  on 
when  due  any  payment  required  of  him  under  this  chapter,  me'nts"^  ^^^' 
such  overdue  payments  shall  carry  interest  at  the  rate  of  six 
per  cent  per  annum  from  such  due  date  until  paid,  or  the 
commission  may  assess  upon  such  employer  in  lieu  of  such 
interest  a  penalty  of  five  dollars  a  day  for  one  or  more  days, 
but  not  exceeding  the  number  of  daj^s  during  which  such 
employer  is  in  default.  The  commission  may  collect  such 
overdue  payments,  together  with  such  interest  or  penalty 
assessed  in  lieu  thereof,  in  an  action  of  contract  in  the  name 
of  the  commonwealth  commenced  within  three  years  after 


516 


Acts,  1937. —Chap.  421. 


Overdue 
payments 
a  lien. 


Priority. 


Adjust- 
ments and 
refunds. 


the  same  is  due  and  payable.  For  the  collection  of  such  pay- 
ments, interest  or  penalty  the  commission  shall  have  all  the 
remedies  provided  by  chapter  sixty  for  the  collection  of  taxes 
on  personal  estate  by  collectors  of  taxes  of  towns;  provided, 
that  any  warrant  for  the  collection  of  such  payments,  interest 
or  penalty  assessed  under  this  chapter  may  be  issued  to  any 
sheriff,  deputy  sheriff  or  constable,  who  shall  thereupon  have 
authority  to  proceed  thereunder  anywhere  within  the  com- 
monwealth. The  officer  to  whom  such  a  warrant  is  given 
shall  collect  such  payments  or  penalty,  together  with  interest 
thereon  at  the  rate  of  six  per  cent  per  annum  from  the  time 
when  the  same  became  due  or  was  assessed,  and  may  collect 
and  receive  as  his  fees  the  sum  which  an  officer  would  be 
entitled  by  law  to  receive  upon  an  execution  for  a  like  amount. 
Any  sums  collected  shall  be  paid  to  the  commJssion  and  by 
the  commission  to  the  state  treasurer  and  credited  by  him 
to  the  fund  after  deducting  and  paying  all  interest  on  refunds 
as  provided  in  section  eight. 

Section  6.  Such  overdue  payments  to  the  fund,  with 
interest  thereon  or  penalty  assessed  in  lieu  thereof,  shall, 
until  collected,  be  a  lien  against  the  assets  of  the  employer, 
subordinate,  however,  to  claims  for  unpaid  wages  and  prior 
recorded  liens;  provided,  that  no  lien  created  by  this  sec- 
tion shall  be  valid  against  a  subsequent  purchaser  or  mortga- 
gee in  good  faith  and  for  value  of  land  of  such  employer, 
or  against  a  subsequent  attaching  creditor  of  land  of  such 
emploj^er,  unless  and  until  there  shall  have  been  recorded  in 
the  registry  of  deeds  for  the  county  or  district  wherein  the 
land  lies  a  notice  by  the  commission  of  such  lien,  which 
notice  shall  state  the  name  of  the  employer,  the  address  of  his 
principal  place  of  business  within  the  commonwealth,  and 
the  total  amount  then  unpaid  of  the  aforesaid  overdue  pay- 
ments to  the  fund  and  interest  thereon  or  penalty  assessed 
in  lieu  thereof.  If  the  land  affected  is  registered  land,  the 
pertinent  provisions  of  chapter  one  hundred  and  eighty-five 
shall  apply.  Such  lien  may  be  enforced  or  dissolved  in  the 
manner  provided  in  chapter  two  hundred  and  fifty-four  for 
enforcing  or  dissolving  liens  on  buildings  and  land. 

Section  7.  Contribution  payments,  and  interest  thereon  or 
penalty  assessed  in  lieu  thereof,  shall  have  priority  over  all 
other  claims  against  an  employer,  except  tax  and  wage  claims. 

Section  8.  If  within  three  years  after  any  contribution 
has  become  due  and  payable,  a  person  who  has  paid  such 
contribution,  interest  thereon  or  penalty  assessed  in  lieu 
thereof,  shall  make  application  for  an  adjustment  or  refund 
thereof,  and  if  the  commission  shall  determine  that  such 
contribution,  interest  or  penalty,  or  any  portion  thereof,  was 
erroneously  collected,  the  commission  shall  allow  such  per- 
son to  make  an  adjustment  thereof,  with  interest,  in  con- 
nection with  a  subsequent  payment,  or  shall  authorize  the 
refund  of  said  amount,  with  interest,  in  which  latter  event 
such  refund  shall  be  made  by  the  state  treasurer,  without 
appropriation,  after  certification  by  the  commission. 


Acts,  1937. —Chap.  421.  517 

Interest  at  the  rate  of  six  per  cent  per  annum  on  such  re- 
fund shall  be  payable  only  to  the  extent  that  interest  and 
penalties  collected  under  section  five  are  available  therefor. 

If  within  three  years  after  any  contribution  has  become 
due  and  payable  the  commission  shall  determine  that  an 
employer  has  paid  insufficient  contributions,  interest  thereon 
or  penalty  assessed  in  lieu  thereof,  the  commission  shall  re- 
quire such  employer  to  make  an  adjustment  thereof,  with 
interest,  in  connection  with  a  subsequent  payment,  or  an 
additional  payment,  with  interest. 

Interest  under  this  section  shall  not  be  paid  or  exacted 
unless  such  interest  amounts  to  one  dollar  or  more. 

An  action  to  enforce  any  provision  of  this  section  shall  be 
commenced  within  three  years  next  after  the  cause  of  action 
accrues. 

In  the  event  that  a  contribution  from  any  employee  shall 
be  received  by  the  commission  on  wages  in  excess  of  twenty- 
five  hundred  dollars  with  respect  to  any  year,  such  excess 
contribution  shall  be  refunded  to  the  employee. 

Section  9.     The   commission   shall   maintain   a   separate  Records, 
account  for  each  employer,  crediting  his  account  with  all 
the  contributions  which  he  has  paid  on  his  own  behalf  during 
each  year. 

ji^The  commission  shall  maintain  suitable  records  for  each 
employee  on  which  may  be  recorded  his  quarterly  wages  and 
such  other  pertinent  information  as  the  commission  may 
prescribe. 

Section  10.  Nothing  in  this  chapter  shall  be  construed  ^^\^^^ 
to  grant  any  employer  or  any  of  his  employees  prior  claims 
or  rights  to  the  amount  paid  by  such  employer  to  the  fund 
either  on  his  own  account  or  on  behalf  of  his  employees.  All 
contributions  to  the  fund  shall  be  pooled  and  available  to 
pay  benefits  to  any  employee  entitled  thereto  under  this 
chapter,  irrespective  of  the  source  of  such  contributions. 

Section  11.     (a)  The  commission  shall,  for  the  year  nine-  Classification 
teen  hundred  and  forty-one  and  for  each  year  thereafter,  "^  e'"pi°>'e"- 
classify  employers   in   accordance   with   their   contribution 
and  benefit  experience,  with  a  view  to  recommending  to  the 
general  court  such  contribution  rates  as  will  equitably  re- 
flect such  experience. 

The  commission  shall  report  to  the  general  court  adequate 
data  concerning  the  number  of  persons  leaving  the  employ- 
ment of  each  employer  with  the  reasons  therefor,  the  num- 
ber of  such  persons  drawing  benefits  and  the  total  amount  of 
such  benefits  paid,  classified  so  as  to  show  the  effect  of  merit 
rates  if  based  upon  each  of  these  types  of  experience. 

(6)  The  commission  shall  investigate  and  report  upon  the 
approximate  degree  of  unemployment  hazard  in  the  various 
industries,  occupations  and  employments,  and  their  cost  to 
the  fund.  It  shall  recommend  to  employers  in  industries, 
occupations  or  employments  showing  an  excessive  cost  to 
the  fund  measures  for  stabilizing  employment  therein.  It 
shall  also,  if  it  deems  it  necessary,  recommend  to  the  general 


518 


Acts,  1937. —Chap.  421. 


Contributions 
deductible 
from  taxable 
income.  ^_^ 


Benefits, 
how  payable. 


Same 
subject. 


court  a  higher  rate  of  contribution  for  any  classification  of 
industries,  occupations  or  employments  in  which  unemploy- 
ment is  excessive  or  continuous. 

Section  12.  Contributions  made  by  employers  to  the 
fund  in  accordance  with  this  chapter  shall  be  considered 
ordinary  and  necessary  expenses  of  the  business  of  the  em- 
ployer, and  deductible  from  gross  income  from  professions, 
employments,  trades  or  businesses  returnable  for  taxation 
under  chapter  sixty-two,  or  from  corporate  income  return- 
able for  taxation  under  chapter  sixty-three.  Contributions 
made  by  employees  shall  be  deductible  from  gross  income 
from  wages  or  salaries  returnable  for  taxation  under  said 
chapter  sixty-two. 

Benefits. 

Section  13,  After  January  first,  nineteen  hundred  and 
thirty-eight,  benefits  shall  become  payable  from  the  fund 
to  any  individual  eligible  for  benefits  under  this  chapter. 
Such  benefits  shall  be  paid,  through  the  employment  offices 
operated  by  the  commonwealth  or  such  other  agencies  of 
the  commission  as  the  Social  Security  Board  or  its  successor 
may  approve,  at  such  times  and  in  such  manner  as  the  com- 
mission shall  prescribe. 

Section  I4.  Benefits  shall  be  paid  to  an  eligible  individual 
for  no  more  than  his  weeks  of  unemployment  subsequent  to 
a  waiting  period,  the  duration  of  which  shall  be  determined 
as  follows:  — 

(a)  Whenever  an  individual  who  has  been  an  employee 
becomes  unemployed,  he  shall  be  eligible  for  benefits  for  un- 
employment subsequent  to  a  waiting  period  of  three  con- 
secutive weeks  sustained  within  fifty-two  weeks  of  the  date 
of  his  most  recent  registration  as  unemployed  and  no  bene- 
fits shall  be  or  become  payable  during  said  waiting  period; 
provided,  that  no  further  waiting  period  shall  be  required 
of  any  individual  during  the  fifty  consecutive  weeks  follow- 
ing any  waiting  period;  and  provided,  further,  that  this 
requirement  shall  not  interrupt  the  payment  of  benefits  for 
consecutive  weeks  of  unemployment.  Any  week  of  partial 
employment  during  which  an  employee  receives  wages  less 
than  his  weekly  benefit  shall  not  be  considered  as  inter- 
rupting the  continuity  of  such  three  weeks,  and  shall  be 
counted  toward  said  waiting  period  as  one  half  of  one 
week. 

(6)  The  waiting  period  shall  commence  on  the  Sunday 
nearest  the  day  an  unemployed  individual  registers  at  an 
employment  office  or  other  place  of  registration  maintained 
or  designated  by  the  commission  or  has  otherwise  given 
notice  of  his  unemployment  in  accordance  with  the  rules 
and  regulations  of  the  commission. 

(c)  There  shall  not  be  counted  towards  the  required  wait- 
ing period  of  an  individual  any  week  prior  to  January  first, 
nineteen  hundred  and  thirty-eight,  or  any  week  in  which  he 
is  ineligible  for  benefits  under  this  chapter. 


Acts,  1937. —Chap.  421.  519 

Section  15.     An  individual,   in  order  to   be  eligible  for  Eligibility    _ 

IjCx  ij.i_-i_j-i,n  of  beneficiaries. 

benents  under  this  chapter,  shall  — 

(a)  Except  as  otherwise  provided  in  subsection  {d)  of  sec- 
tion eighteen,  have  earned  wages  in  each  of  two  of  the  three 
completed  quarters  next  but  one  preceding  the  date  of  his 
most  recent  registration  as  unemployed,  such  wages  for  the 
said  three  quarters  totaling  not  less  than  one  hundred  and 
sixty  dollars;  or,  in  the  alternative,  have  earned  wages  in 
each  of  four  of  the  eight  completed  quarters  next  but  one 
preceding  the  date  of  his  most  recent  registration  as  unem- 
ployed, such  wages  for  said  eight  quarters  totaling  not  less 
than  two  hundred  and  forty  dollars; 

{h)  Be  capable  of  and  available  for  employment  and  un- 
able to  obtain  employment  in  his  usual  occupation  or  any 
other  occupation  for  which  he  is  reasonably  fitted,  including 
employments  not  subject  to  this  chapter;   and 

(c)  Have  given  notice  of  his  unemployment,  by  register- 
ing either  in  a  public  employment  office  or  in  such  other 
manner,  and  within  such  time  or  times,  as  the  commission 
shall  prescribe,  and  have  given  notice  of  the  continuance  of 
his  unemployment  and  furnished  information  concerning 
wages  and  compensation  received  by  him  during  such  time 
for  any  emploj^ment,  whether  subject  to  this  chapter  or 
not,  in  accordance  with  the  rules  and  regulations  of  the 
commission. 

Section  16.  (a)  No  individual  shall  be  eligible  for  bene-  Payment 
fits  for  any  week  in  which  he  fails  without  good  cause  to  ifm'ited.^** 
comply  with  the  registration  and  filing  requirements  of  the 
commission.  The  commission  shall  furnish  copies  of  such 
requirements  to  each  employer,  who  shall  notify  his  em- 
ployees of  the  terms  thereof  when  they  become  unemployed. 
Any  failure  accurately  to  furnish  information  concerning 
amounts  of  wages  and  compensation  received,  as  provided 
in  subsection  (c)  of  section  fifteen,  may,  at  the  discretion  of 
the  commission,  disqualify  the  individual  furnishing  such 
inaccurate  information  from  receiving  any  benefits  for  not 
more  than  ten  weeks  from  the  time  of  furnishing  such  inac- 
curate information  or  of  the  discovery  that  such  inaccurate 
information  was  so  furnished. 

(6)  No  benefits  shall  be  paid  to  an  individual  under  this 
chapter  for  an}?-  week  with  respect  to  which  the  commission 
finds  that  his  total  unemployment  is  due  to  a  stoppage  of 
work  which  exists  because  of  a  labor  dispute  at  the  factory, 
establishment  or  other  premises  at  which  he  was  last  em- 
ployed; provided,  that  this  subsection  shall  not  apply  if  it 
is  shown  to  the  satisfaction  of  the  commission  that  — 

(1)  He  is  not  participating  in  or  financing  or  directly  in- 
terested in  the  labor  dispute  which  caused  the  stoppage  of 
work;  and  that 

(2)  He  does  not  belong  to  a  grade  or  class  of  workers  of 
which,  immediately  before  the  commencement  of  the  stop- 
page, there  were  members  employed  at  the  premises  at 
which  the  stoppage  occurs,  any  of  whom  are  participating 


520  Acts,  1937. —Chap.  421. 

in  or  financing  or  directly  interested  in  the  dispute;  pro- 
vided, that  if,  in  any  case,  separate  branches  of  work  which 
are  commonly  conducted  as  separate  businesses  in  separate 
premises  are  conducted  in  separate  departments  of  the  same 
premises,  each  such  department  may,  for  the  purposes  of 
this  subsection,  be  deemed  to  be  a  separate  factory,  estab- 
lishment or  other  premises. 

(c)  Any  individual  who  has  left  his  work  voluntarily 
without  reasonable  cause  or  has  been  discharged  for  mis- 
conduct shall  be  ineligible  for  benefits  for  the  next  four  con- 
secutive weeks  following  the  waiting  period  provided  in  sec- 
tion fourteen  and  the  duration  of  benefits  for  unemployment 
to  which  the  employee  would  otherwise  have  been  entitled 
may  thereupon  be  reduced  for  so  many  weeks,  not  exceeding 
four,  as  the  commission  shall  determine  from  the  circum- 
stances of  each  case, 

(d)  If  an  otherwise  eligible  individual  fails,  without  good 
cause,  to  apply  for  suitable  employment  whenever  notified 
so  to  do  by  the  employment  office,  or  to  accept  suitable  em- 
ployment whenever  offered  him,  he  shall  become  ineligible 
for  benefits  for  the  week  in  which  such  failure  occurred  and 
for  so  many  of  the  next  four  consecutive  weeks  following 
the  waiting  period  provided  in  section  fourteen  as  the  com- 
mission shall  determine  from  the  circumstances  in  each  case, 
and  the  duration  of  benefits  for  unemployment  to  which  the 
employee  would  otherwise  have  been  entitled  may  thereupon 
be  reduced  for  so  many  weeks,  not  exceeding  four,  as  the 
commission  shall  determine  from  the  circumstances  of  each 
case. 

empioym^ent".  "Suitable  employment",  as  used  in  the  preceding  para- 
defined.  '  graph,  shall  be  determined  by  the  commission,  which  shall 
take  into  consideration  whether  the  emploj'^ment  is  detri- 
mental to  the  health,  safety  or  morals  of  an  employee,  is  one 
for  which  he  is  reasonably  fitted  by  training  and  experience, 
including  employment  not  subject  to  this  chapter,  is  one 
which  is  located  within  reasonable  distance  of  his  residence 
or  place  of  last  employment,  and  is  one  which  does  not  in- 
volve travel  expenses  substantially  greater  than  that  re- 
quired in  his  former  employment.  No  work  shall  be  deemed 
suitable,  and  benefits  shall  not  be  denied  under  this  chapter  to 
any  otherwise  eligible  individual  for  refusing  to  accept  new 
work  under  any  of  the  following  conditions: — (1)  if  the 
position  offered  is  vacant  due  directly  to  a  strike,  lockout  or 
other  labor  dispute;  (2)  if  the  remuneration,  hours  or  other 
conditions  of  the  work  offered  are  substantially  less  favor- 
able to  the  individual  than  those  prevailing  for  similar  work 
in  the  locality;  (3)  if  acceptance  of  such  work  would  require 
the  individual  to  join  a  company  union  or  would  abridge  or 
limit  his  right  to  join  or  retain  membership  in  any  bona  fide 
labor  organization  or  association  of  workmen. 

(e)  No  benefits  shall  be  payable  under  this  chapter  to  an 
individual  for  any  week  with  respect  to  which  he  has  re- 
ceived or  is  receiving  workmen's  compensation  or  wages  in 


Acts,  1937. —Chap.  421.  521 

lieu  of  dismissal  notice  or  old  age  benefits  under  Title  II  of 
the  Federal  Social  Security  Act;  provided,  that,  if  any  such 
compensation  or  wages  or  old  age  benefits  is  or  are  less  than 
the  benefits  which  would  otherwise  be  due  him  hereunder 
for  unemployment  for  such  week,  he  shall  receive  such  un- 
employment benefits  reduced  by  the  amount,  disregarding 
a  fractional  part  of  a  dollar,  of  such  compensation  or  wages 
or  old  age  benefits. 

Section  17.  Except  as  provided  in  subsection  {d)  of  section  Minimum 
eighteen,  an  individual  unemployed  and  otherwise  eligible  benefits. 
for  benefits  shall  be  paid  benefits  for  each  week  of  unemploj^- 
ment  at  the  rate  of  one  twenty-sixth  of  his  highest  quarterly 
wage  during  the  eight  quarters  next  but  one  preceding  the 
quarter  in  which  he  most  recently  registered  as  unemployed. 
If  the  weeldy  benefit  so  calculated  includes  a  fractional  part 
of  a  dollar,  the  weeldy  benefit  shall  be  raised  to  the  next 
higher  dollar.  No  fractional  weekly  benefit  shall  be  paid. 
Notwithstanding  the  foregoing,  no  weekly  benefit  shall  be 
less  than  five  dollars  or  more  than  fifteen  dollars. 

Section  18.     (a)  The  aggregate  amount  of  benefits  an  in-  "Normal 
dividual  mav  receive  shall  be  limited  by  the  amount  of  his  benefits", 

I'll  r-i  1  1       extendea 

quarterly  wages  agamst  which  benefits  have  not  been  charged  benefits"  and 
as  provided  under  subsection  (6)  of  this  section.    Each  eligible  benefi'ts""^ 
individual  shall  receive  benefits  not  exceeding  the  sum  of  his  'iefined. 
"normal  benefits",    "extended   benefits"   and   "additional 
benefits". 

Except  as  otherwise  provided  in  subsection  {d)  of  this 
section,  "normal  benefits"  shall  be  (1)  twelve  and  one  half 
per  cent  of  the  total  wages,  not  exceeding  four  hundred  dol- 
lars in  each  quarter,  earned  during  the  eight  quarters  next 
but  one  preceding  the  quarter  in  which  the  individual  most 
recently  registered  as  unemployed  or  (2)  sixteen  times  his 
weekly  benefit,  whichever  amount  is  the  lesser;  provided, 
that,  if  the  amount  determined  under  (2)  is  the  lesser  amount, 
there  shall  be  added  thereto  twenty-four  per  cent  of  the 
difference  between  the  two  amounts. 

"Extended  benefits"  shall  be  three  per  cent  of  the  total 
wages,  not  exceeding  four  hundred  dollars  in  each  quarter, 
earned  during  the  sixteen  quarters  next  preceding  the  eight 
quarters  hereinbefore  referred  to. 

"Additional  benefits"  shall  be  two  per  cent  of  the  total 
wages,  not  exceeding  four  hundred  dollars  in  each  quarter, 
earned  prior  to  the  twenty-four  quarters  hereinbefore  re- 
ferred to. 

(Jo)  All  portions  of  an  individual's  quarterly  wages  used 
as  the  basis  for  computing  benefits  actually  paid  to  him  shall 
be  charged  against  his  record  of  quarterly  wages  in  chrono- 
logical order  as  such  wages  were  earned  and  in  the  same 
ratios  as  used  in  the  computation  of  the  aggregate  amount 
of  benefits  pursuant  to  this  section. 

(c)  No  part  of  an  individual's  record  of  quarterly  wages 
which  has  been  charged  off  as  provided  in  subsection  (6)  of 
this  section  shall  thereafter  be  used  as  a  basis  for  the  com- 


522 


Acts,  1937. —Chap.  421. 


Lump  sum 

benefit 

payments. 


Commission 
may  modify 
scale  of 
payments. 


Seasonal 
occupations. 


putation  of  his  aggregate  available  benefits  when  subse- 
quently unemployed. 

(d)  After  benefit  payments  to  an  individual  have  started, 
and  within  the  time  during  which  no  further  waiting  period 
is  required  by  subsection  (a)  of  section  fourteen,  no  date 
of  registration  as  unemployed  occurring  during  such  time 
shall  be  considered  in  the  computation  of  benefits  and  there 
shall  be  no  redetermination  (1)  of  his  weekly  benefit  rate, 

(2)  of  the  aggregate  number  of  benefits  available  to  him,  or 

(3)  of  his  eligibility  under  subsection  (a)  of  section  fifteen, 
unless  such  aggregate  number  of  benefits  shall  have  been 
entirely  paid  within  such  time.  In  such  case  the  aggregate 
number  of  benefits  available  to  such  individual  shall  be 
recomputed,  substituting  the  date  of  paj^ment  of  the  final 
weekly  benefit  previously  computed  for  the  most  recent 
date  of  registration  as  unemployed,  and  any  additional  bene- 
fits thus  made  available  shall  be  paid  without  interruption 
at  the  same  rate  if  the  individual  remains  otherwise  eligible 
for  benefits. 

Section  19.  In  lieu  of  paying  to  an  eligible  individual  by 
weekly  or  other  installments  the  benefits  to  which  he  would 
be  entitled  under  this  chapter  in  case  he  remained  continu- 
ously unemployed  and  eligible,  the  commission,  at  his  re- 
quest or  with  his  consent,  may  discharge  the  entire  existing 
benefit  liability  of  the  fund  to  him  by  paying  him  a  lump 
sum  of  not  more  than  eighty  per  cent  of  the  maximum  amount 
of  benefits  to  which  he  would  otherwise  be  entitled;  provided, 
that  lump  sum  payments  shall  be  thus  made  only  in  unusual 
cases,  as  when  an  individual  has  no  prospect  of  securing 
further  work  within  the  commonwealth  bat  may  secure  work 
elsewhere.  The  commission  shall  determine  on  what  per- 
centage basis,  subject  to  the  preceding  sentence,  and  under 
what  unusual  conditions  such  lump  sum  payments  shall  be 
made,  and  each  such  case  shall  be  subject  to  specific  approval 
by  the  commission. 

Section  20.  If  in  any  six  months'  period  the  amount'paid 
in  benefits  from  the  fund  has  exceeded  the  income,  or  if,  in 
the  judgment  of  the  commission,  the  reserves  in  the  fund 
are  in  serious  danger  of  depletion,  the  commission  may 
declare  an  emergency  and  announce  a  modified  scale  of 
benefits,  an  increased  waiting  period,  or  other  changes  in 
the  requirements  regarding  eligibility  for  receipt  of  benefits 
which  it  may  deem  necessary  to  maintain  the  reserves  of  the 
fund. 

Section  21.  Wherever  in  any  industry,  employment  or 
occupation,  or  branch  thereof,  because  of  its  seasonal  nature, 
it  is  customary  to  operate  only  during  a  regularly  recurring 
period  or  periods  of  less  than  forty  weeks  in  length,  and 
whenever  there  are  individuals  employed  in  such  industry, 
employment  or  occupation  who  are  not  ordinarily  employed 
during  the  year  in  any  other  work,  the  commission  may,  for 
the  purposes  of  this  chapter,  ascertain,  and  determine,  or 
redetermine,   after  investigation,   such  seasonal   period   or 


Acts,  1937. —Chap.  421.  523 

periods  for  each  such  seasonal  industry,  employment  or 
occupation,  or  branch  thereof.  When  the  commission  has 
determined  such  seasonal  period  or  periods,  it  shall  also  fix 
the  right  to  benefits  and  the  conditions  required  for  the  pay- 
ment of  benefits  to  such  individuals,  and  shall  so  modify  the 
requirements  for  eligibifity  to  benefits  and  the  conditions 
required  for  pajmient  thereof  that  such  individuals  will  re- 
ceive benefits  in  reasonable  proportion  to  the  length  of  time 
during  which  they  have  been  em.ployed  in  such  industry, 
employment  or  occupation.  For  the  purposes  of  this  chapter, 
no  industry,  employment  or  occupation  or  branch  thereof, 
shall  be  deemed  seasonal  until  the  commission  shall  have 
made  such  a  determination. 

Section  22.  An  individual  who,  owing  to  personal  cir-  Part-time 
cumstances,  is  unable  or  unwilhng  to  work  the  usual  full  ^■°''''^'"^- 
time,  and  who  normally  works  less  than  the  full  time  pre- 
vailing in  his  place  of  employment  and  in  the  type  of  em- 
ployment in  which  he  is  engaged,  shall  register  as  a  part-time 
worker  in  such  manner  as  the  commission  shall  prescribe. 
The  commission  shall  fix  the  conditions  required  to  qualify 
for  benefits  in  such  cases  and  shall  suitably  modify  the  pro- 
visions of  section  fifteen,  and  shall  also  fix  proportionately 
maximum  and  minimum  benefits  in  place  of  the  maximum 
and  minimum  amounts  provided  in  section  seventeen. 

Section  22 A.  Any  employer  desirous  of  employing  addi-  Casual 
tional  employees  for  short  time  or  emergency  work  only,  for  ^'^^  °y^^^  • 
a  period  of  not  more  than  four  weeks,  without  deduction  of 
employee  contributions  and  liability  for  benefits  for  such 
employees,  may  obtain  express  permission  from  the  commis- 
sion for  such  employment,  which  shall  thereupon  be  deemed 
casual  emplojmient  and  exempted  from  the  provision  of  this 
chapter.  The  commission  shall  make  and  publish  rules  gov- 
erning the  exemption  of  such  casual  employment  and  dis- 
tinguishing it  from  part-time  employment. 

Section  23.  No  agreement  by  an  individual  to  waive  his  waiver  of 
right  to  benefit  or  any  other  right  under  this  chapter,  or  to  prohfbfted. 
pay  all  or  any  portion  of  the  contributions  required  hereunder 
from  his  employer,  shall  be  valid.  No  employer  shall  make, 
or  permit  or  require,  any  deduction  from  wages  or  salary  of 
an  employee  to  finance  in  whole  or  in  part  the  contributions 
required  of  the  employer,  or  require  any  waiver  by  an  em- 
ployee of  any  right  hereunder.  The  commission  may  make 
rules,  regulations  and  orders  for  the  enforcement  of  this 
section,  and  shall  cause  all  violations  thereof  and  of  this 
section  to  be  prosecuted. 

Section  24.  Benefits  which  are  or  may  become  due  under  Benefits 
this  chapter  shall  not  be  assigned,  pledged,  encumbered,  abLretf.^' 
released,  commuted  or  trusteed  before  payment;  and  when 
paid  shall,  as  long  as  they  are  not  mingled  with  other  funds 
of  the  beneficiary,  be  exempt  from  all  claims  of  creditors, 
and  from  levy,  execution  and  attachment  or  other  remedy 
now  or  hereafter  provided  for  the  recovery  or  collection  of 
debt,  which  exemption  may  not  be  waived. 


524 


Acts,  1937. —Chap.  421. 


Fees 
prohibited. 


Section  25.  No  fee  shall  be  charged  in  any  proceeding 
under  this  chapter  by  the  commission  or  any  of  its  agents  or 
representatives. 

In  any  proceeding  under  this  chapter  a  party  may  be 
represented  by  an  agent  or  attorney.  No  fees  for  services 
rendered  by  such  agent  or  attorney  to  an  individual  claiming 
benefits  shall  be  allowable  or  payable  unless  the  amount 
thereof  shall  have  been  previously  approved  by  the  commis- 
sion. Whoever  exacts  or  receives  an}^  remuneration  or 
gratuity  for  any  services  rendered  on  behalf  of  a  benefit 
claimant  under  this  chapter,  except  as  authorized  by  this 
section,  or  who  solicits  the  business  of  appearing  on  behalf 
of  such  a  benefit  claimant,  or  who  makes  it  a  business  to 
solicit  employment  for  another  in  connection  with  the  mak- 
ing of  any  claim  for  benefits  under  this  chapter,  shall  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars  or 
by  imprisonment  for  not  more  than  six  months,  or  both. 


Benefit 
claims. 


Presentation 
of  claims. 


Determination 
of  amount 
of  benefit 
payable. 


Claims  and  Appeals. 

Section  26.  Benefit  claims  shall  be  filed  at  the  employ- 
ment office  at  which  the  claimant  has  registered  as  unem- 
ployed. Such  claims  shall  be  filed  in  such  form,  at  such  time 
and  in  such  manner  as  the  commission  shall  prescribe. 
Notice  of  the  claim  so  filed  shall  be  given  to  the  most  recent 
employer  of  the  claimant.  Failure  to  make  a  claim  within 
the  time  limited  by  the  commission  shall  not  bar  proceedings 
under  this  chapter  if  such  failure,  in  the  discretion  of  the 
commission,  was  occasioned  by  mistake  or  other  reasonable 
cause,  or  if  the  employer  or  other  interested  parties  were  not 
prejudiced  by  the  delay. 

Section  27.  The  commission  shall  prescribe  the  manner 
in  which  claims  shall  be  presented,  the  reports  thereon  re- 
quired from  the  claimant  and  from  employers,  and  the  con- 
duct of  hearings  and  of  appeals,  other  than  court  appeals. 
Such  procedure  shall  be  designed  to  ascertain  the  substantive 
rights  of  the  parties  involved,  without  regard  to  common  law 
or  statutory  rules  of  evidence  and  other  technical  rules  of 
procedure.  A  record  shall  be  kept  by  the  commission  of  all 
proceedings  in  connection  with  each  disputed  claim.  All 
testimony  at  any  formal  hearing  upon  a  disputed  claim  shall 
be  recorded,  but  need  not  be  transcribed  unless  the  claim  is 
further  appealed. 

Section  28.  An  authorized  representative  of  the  commis- 
sion shall  promptly  determine,  in  accordance  with  the  pro- 
cedure established  by  the  commission,  and  after  making  such 
inquiries  and  investigation  as  the  commission  deems  neces- 
sary, whether  or  not  the  claim  is  valid  and  the  amount,  if 
any,  of  the  benefits  payable  thereunder,  and  shall  promptly 
give  notice  of  such  decision,  together  with  the  reasons  there- 
for, to  the  claimant,  to  his  most  recent  employer  and  to  such 
other  persons  as  the  commission  may  prescribe.  In  accord- 
ance with  the  procedure  prescribed  by  the  commission,  bene- 


Acts,  1937. —Chap.  421.  525 

fits  shall  be  paid  or  denied  unless,,  within  five  days  after 
receipt,  but  in  no  case  more  than  seven  days  after  mailing, 
of  such  notification,  reconsideration  of  such  decision  is  re- 
quested in  writing  by  an  interested  person  affected  thereby. 

Section  29.  If  reconsideration  is  so  requested,  an  author-  Reconsidera- 
ized  representative  of  the  commission  shall  afford  all  interested  hearing^ 
persons  an  opportunity  for  an  informal  hearing,  shall  hold 
such  a  hearing,  shall  render  a  decision  as  promptly  as  pos- 
sible, shall  notify  such  persons  of  his  decision  and  his  reasons 
therefor  and  shall  file  with  the  commission  a  statement  of  his 
findings  and  all  matters  pertinent  to  the  questions  arising 
before  him,  all  in  accordance  with  the  procedure  prescribed 
by  the  commission. 

Section  30.  Any  such  person  affected  by  such  decision  Application 
may,  within  five  days  after  receipt,  but  in  no  case  more  than  ^°'"  '"^^^'^w- 
seven  days  after  mailing,  of  such  notification,  file  an  appli- 
cation for  a  review  by  such  examiner  as  the  commission  shall 
appoint  for  said  purpose.  All  persons  interested  shall  be 
afforded  reasonable  opportunity  for  a  formal  hearing  before 
such  examiner,  who  shall  hold  such  a  hearing.  Within  a 
reasonable  time  following  such  hearing  the  examiner  shall 
file  his  decision,  and  thereupon  all  persons  interested  shall  be 
notified  of  such  decision,  together  with  the  reasons  therefor. 
Such  decision  shall  be  final,  except  in  cases  where  the  com- 
mission acts  on  its  own  motion,  or  where  the  commission 
permits  one  or  more  persons  interested  to  apply  for  review 
by  the  commission,  or  where,  in  the  absence  of  such  action 
or  rule,  a  petition  is  filed  in  a  district  court  under  section 
thirty-two.  No  person  shall  hear  or  decide  on  behalf  of  the 
commission  any  case  in  which  he  is  an  interested  person. 

In  case  the  commission  does  not  act  on  its  own  motion, 
and  no  application  for  review,  if  permitted  by  the  commis- 
sion, is  made  within  the  time  provided  therefor  by  section 
thirty-one,  and  no  petition  is  brought  in  the  manner  and 
within  the  time  provided  by  section  thirty-two,  the  decision 
of  the  examiner  shall  be  final  on  all  questions  of  fact  and  of 
law,  and  the  commission  shall  thereupon  authorize  the  pay- 
ment of  the  benefits,  if  any,  found  payable. 

Section  31.  The  commission  may  remove  or  transfer  the  Modification, 
proceedings  on  any  claim  pending  before  its  representative  decisis. 
or  examiner  and,  on  its  own  motion,  or  upon  an  apphcation 
for  review,  if  permitted  by  it,  may,  within  ten  days  after 
the  date  of  any  decision  by  such  representative  or  examiner, 
affirm,  modify  or  revoke  any  such  decision  on  the  basis  of 
the  evidence  previously  submitted  in  such  case,  or  upon  the 
taking  of  additional  testimony,  or  both.  Any  proceedings 
so  removed  to  the  commission  shall  be  heard,  in  accordance 
with  the  requirements  of  section  thirty,  by  the  entire  com- 
mission, or,  in  the  absence  or  disqualification  of  either  of  the 
other  members,  by  the  chairman;  provided,  that  no  decision 
in  any  proceeding  so  removed  to  the  commission  shall  become 
final  until  it  shall  have  been  passed  upon  by  the  entire  com- 
mission. 


526 


Acts,  1937. —Chap.  421. 


Appeals. 


Officials  may 
summon  wit- 
nesses, etc. 


Section  32.  Any  interested  person  aggrieved  by  any  de- 
cision of  fact  or  of  law  in  any  proceedings  under  this  chap- 
ter may,  after  exhaustion  of  other  appellate  remedies  pro- 
vided in  sections  twenty-nine,  thirty  and  thirty-one,  bring  a 
petition  in  the  district  court  within  the  judicial  district 
whereof  he  lives  or  is  or  was  employed,  addressed  to  the 
justice  of  the  court,  praying  that  such  decision  may  be  re- 
viewed by  the  court,  and,  after  such  notice  as  the  court  deems 
necessary,  it  shall  review  such  decision,  hear  any  or  all  of  the 
witnesses  and  determine  whether  or  not  upon  the  law  and 
the  evidence  such  decision  was  justified,  and  shall  thereupon 
affirm,  modify  or  revoke  such  decision.  The  commission 
shall  thereupon  enter  an  order  in  accordance  with  the  de- 
cision of  the  court. 

The  supreme  judicial  court,  upon  a  bill  in  equity  brought 
by  the  commission  against  a  claimant  and  all  other  interested 
persons,  may  determine  any  question  of  law  arising  upon 
any  claim  filed  under  section  twenty-six,  and  shall  also  have 
general  jurisdiction  in  equity,  upon  a  bill  brought  by  the 
commission,  to  enforce  this  chapter. 

In  any  action  to  enforce  any  provision  of  this  chapter,  or 
in  any  criminal  proceedings  thereunder,  the  commi.ssion  shall 
be  represented  by  the  attorney  general,  or  by  an  attorney  at 
law  designated  by  the  attorney  general  for  such  purpose. 

Section  33.  In  the  discharge  of  the  duties  prescribed  by 
this  chapter  any  designated  official,  examiner,  commissioner 
or  other  duly  authorized  representative  of  the  commission 
shall  have  power  to  administer  oaths,  take  depositions, 
certify  to  official  acts,  and  require  by  summons  the  attend- 
ance of  witnesses  and  the  production  of  books,  papers,  docu- 
ments and  records,  necessary  or  convenient  for  use  in  con- 
nection with  any  disputed  claim.  Witnesses  so  summoned 
shall  be  paid  the  same  fees  as  witnesses  in  civil  actions  before 
the  courts.  Such  fees  shall  be  paid  from  the  unemployment 
compensation  administration  account. 

In  case  of  refusal  to  obey  a  subpoena  issued  to  any  person 
under  authority  of  this  chapter,  any  court  of  the  common- 
wealth, within  the  jurisdiction  of  which  the  inquiry  is  carried 
on  or  the  person  so  refusing  to  obey  is  found  or  resides  or 
transacts  business,  may,  upon  application  by  the  commission 
or  its  duly  authorized  representative,  issue  to  such  person  an 
order  requiring  him  to  appear  before  an  examiner,  a  com- 
missioner, the  commission,  or  its  duly  authorized  representa- 
tive, as  the  case  may  be,  to  produce  evidence  if  so  ordered  or 
to  give  testimony  touching  the  matter  under  investigation 
or  in  question;  and  any  failure  to  obey  such  order  of  the 
court  may  be  punished  by  said  court  as  a  contempt  thereof. 

No  person  shall  be  excused  from  giving  testimony,  or  from 
producing  any  book,  record,  document  or  other  paper,  per- 
tinent to  the  matter  in  question,  in  any  investigation  or  in- 
quiry by,  or  upon  any  hearing  before,  an  examiner  or  the 
commission,  when  ordered  to  do  so  by  the  examiner  or  the 
commission,  respectively,  upon  the  ground  that  the  testi- 


Acts,  1937. —Chap.  421.  527 

mony  or  the  book,  record,  document  or  other  paper  required 
of  him  may  tend  to  incriminate  him  or  subject  him  to  a  pen- 
alty or  forfeiture;  but  no  person  shall  be  prosecuted,  pun- 
ished or  subjected  to  any  penalty  or  forfeiture  for  or  on 
account  of  any  act,  transaction,  matter  or  thing  concerning 
which,  after  claiming  his  privilege,  he  shall  by  order  have 
testified  or  produced  documentary  evidence,  except  for  per- 
jury committed  in  giving  such  testimony  or  forgery  com- 
mitted by  him  in  such  documentary  evidence. 

Records  and  Reports. 

Section  84.  Every  employer,  whether  or  not  subject  to  Employers 
this  chapter,  shall  keep  true  and  accurate  records  of  all  in-  Records,  etc. 
dividuals  employed  by  him  and  such  other  information  as 
the  commission  deems  necessary  for  the  effective  adminis- 
tration of  this  chapter.  Such  records  shall  be  open  to  in- 
spection by  the  commission  or  its  authorized  representatives 
at  any  reasonable  time.  The  commission  may  require  from 
any  such  employer  such  reports  on  wages,  hours,  employ- 
ment, unemployment  and  related  matters  concerning  his 
employees  as  the  commission  deems  necessary  for  the  effec- 
tive administration  of  this  chapter,  and  every  such  employer 
shall  fully,  correctly  and  promptly  furnish  to  the  commission 
all  information  required  by  it  to  carry  out  the  purposes  and 
provisions  of  this  chapter.  The  commission  may  require 
that  such  information  be  verified  under  oath,  which  may  be 
administered  by  the  commission,  any  member  thereof,  or 
any  person  thereto  authorized  by  it. 

Section  So.  Information  secured  pursuant  to  this  chapter  information 
shall  be  confidential  and  for  the  exclusive  use  and  informa-  conffdentiaf^ 
tion  of  the  commission  in  the  discharge  of  its  duties  here- 
under. Such  information  shall  not  be  open  to  the  public, 
nor  shall  it  be  used  in  any  action  or  proceeding  unless  the 
commission  or  the  commonwealth  is  a  party  to  such  action 
or  proceeding,  but  any  employer  or  employee,  upon  request, 
shall  be  supplied  by  the  commission  with  information  con- 
cerning his  own  record  which  is  necessary  to  him  in  his  rela- 
tions with  the  commission  in  connection  with  a  claim  or 
otherwise.  Whoever,  except  with  authority  of  the  commis-  Penalty, 
sion  or  pursuant  to  its  rules  and  regulations,  or  as  otherwise 
required  or  authorized  b^^  law,  shall  disclose  the  same,  shall 
be  punished  by  a  fine  of  not  more  than  one  hundred  dollars 
or  by  imprisonment  for  not  more  than  six  months,  or  both; 
provided,  that  nothing  herein  shall  be  construed  to  prevent 
the  commission  from  complying  with  the  provisions  of  sec- 
tion forty-seven  or  from  conducting  any  investigations  it 
deems  relevant  in  connection  herewith,  nor  to  prevent  the 
commission  from  publishing  in  statistical  form  the  results 
of  any  such  investigations  without  disclosing  the  identity  of 
t>he  individuals  involved. 


528  Acts,  1937. —Chap.  421. 


General  Penalties. 
Penalties.  SecHon  36.    Wlioever  wilfully  makes  a  false  statement  or 

representation  to  obtain  or  increase  any  benefit  or  other 
payment  under  any  provision  of  this  chapter,  either  for 
himself  or  for  any  other  person,  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  for  not  more  than  thirty  days, 
or  both.  Each  such  false  statement  or  representation  shall 
constitute  a  separate  offence. 

Any  employer,  or  any  officer  or  agent  of  an  employer,  who 
wilfully  makes  a  false  statement  or  representation  to  avoid 
or  reduce  any  contribution  or  benefit  payment  required  of 
such  employer  under  any  provision  of  this  chapter,  or  who 
wilfully  fails  or  refuses  to  pay  any  such  benefit  or  contribu- 
tion, or  to  furnish  any  report  or  information  duly  required 
by  the  commission  under  any  provision  of  this  chapter,  or 
makes  or  requires  any  deduction  from  wages  to  pay  any 
portion  of  the  contributions  required  from  employers  under 
any  provision  of  this  chapter,  or  attempts  by  threats  or 
coercion  of  any  kind  to  induce  any  individual  to  waive  any 
rights  under  any  provision  of  this  chapter,  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  nor  more  than  two 
hundred  dollars,  or  by  imprisonment  for  not  more  than 
ninety  daj^s,  or  both;  and  each  such  false  statement  or 
representation,  each  such  deduction  from  wages  and  each 
such  attempt  to  coerce,  shall  constitute  a  separate  and  dis- 
tinct offence.  If  such  employer  or  the  employer  of  such 
officer  or  agent  is  a  corporation,  the  president,  the  secretary 
and  the  treasurer,  or  officers  exercising  corresponding  func- 
tions, shall  each  be  subject  to  the  aforesaid  penalties  for 
any  violation  of  any  provision  of  this  section  of  which  they, 
respectively,  had  knowledge  or,  in  the  proper  exercise  of 
their  duties,  ought  to  have  had  knowledge. 

Any  person  convicted  of  a  violation  of  any  provision  of 
this  chapter  or  of  a  violation  of  any  order,  rule  or  regulation 
of  the  commission  made  under  the  authority  of  any  pro- 
vision of  this  chapter,  the  punishment  for  which  is  not 
otherwise  provided,  shall  be  punished  by  a  fine  of  not  more 
than  fifty  dollars  for  the  first  offence,  and,  for  any  subsequent 
offence  within  a  period  of  two  years  immediately  following 
his  final  conviction  of  a  like  offence  by  a  court  or  magistrate 
of  the  commonwealth,  shall  be  punished  by  a  fine  of  not 
less  than  fifty  dollars  nor  more  than  two  hundred  dollars, 
or  by  imprisonment  for  not  more  than  two  years,  or  both. 

The  commission  or  its  authorized  representative  may 
make  complaint  against  any  person  for  a  violation  of  any 
provision  of  this  section,  within  three  years  after  the  date 
of  such  violation.  All  fines  collected  under  this  section  shall 
be  paid  to  the  state  treasurer  and  credited  to  the  unemploy- 
ment compensation  fund. 


Acts,  1937. —Chap.  421.  529 


Unemployment  Compensation  Fund. 

Section  37.  There  is  hereby  created  a  fund,  to  be  known  Fund 
as  the  unemployment  compensation  fund,  hereinafter  and  estabUshed. 
in  the  four  following  sections  called  the  fund,  to  be  admin- 
istered by  the  commission  without  liability  on  the  part  of 
the  commonwealth  beyond  the  amounts  credited  to  and 
earned  by  the  fund.  The  fund  shall  consist  of  all  contribu- 
tions and  moneys  paid  into  the  treasury  of  the  common- 
wealth and  credited  to  the  fund  as  provided  in  this  chapter, 
of  property  and  securities  acquired  by  and  through  the  use 
of  moneys  belonging  to  the  fund,  and  of  interest  earned 
thereon,  less  payments  therefrom  under  this  chapter. 

Section  38.     The  fund  shall  be  administered  in  trust  and  ^o^oT'fu'ifd 
used  solely  to  pay  benefits  hereunder,  upon  vouchers  drawn 
thereon  by  the  commission  pursuant  to  its  general  rules, 
regulations  and  orders,  and  no  other  disbursements  shall  be 
made  therefrom  except  as  provided  in  section  eight. 

The  fund  shall  be  the  sole  and  exclusive  source  for  the 
payment  of  benefits  hereunder,  and  such  benefits  shall  be 
deemed  to  be  due  and  payable  only  to  the  extent  that  con- 
tributions, with  increments  thereon,  are  actually  collected 
and  credited  to  the  fund. 

Section  39.     The  state  treasurer  shall  be,  ex  officio,  the  state 
treasurer  and  custodian  of  the  fund;   and  all  disbursements  cut^odian 
therefrom  shall  be  paid  by  him  upon  vouchers  duly  drawn  as  °^  ^"'^^• 
the  commission  shall  prescribe.    He  shall  have  custody  of  all 
moneys,  securities  and  property  belonging  to  the  fund  and 
not  otherwise  held,  deposited  or  invested  under  this  chapter. 
He  shall  give  a  separate  and  additional  bond,  conditioned 
on  the  faithful  performance  of  his  duties  as  treasurer  and 
custodian  of  the  fund,  in  an  amount  recommended  by  the 
commission  and  approved  by  the  governor  and  council  and 
with  surety  or  sureties  satisfactory  to  the  attorney  general. 
Such  bond  shall  be  deposited  with  the  state  secretary.     Pre- 
miums upon  bonds  required  pursuant  to  this  section  shall  be 
paid  from  the  unemployment  compensation  administration 
account. 

Section  40.  The  state  treasurer  shall  deposit  or  invest  the  Deposit  and 
fund  under  the  supervision  and  control  of  the  commission,  'oHunS!^'^* 
subject  to  this  chapter;  provided,  that  upon  the  establish- 
ment by  the  federal  government  or  its  authorized  agency  of 
an  unemployment  trust  fund  from  which  the  state  treasurer, 
as  the  state  agency  which  is  custodian  of  the  fund,  may  be 
entitled  to  requisition  at  any  time  such  sums  standing  therein 
to  his  account  or  the  account  of  the  commonwealth  as  may 
be  required  by  the  commission  to  pay  unemployment  benefits 
as  provided  in  this  chapter,  said  treasurer  shall  deposit  or 
invest  the  fund  therein  and  keep  it  so  deposited  or  invested, 
except  sums  requisitioned  as  aforesaid,  so  long  as  the  treas- 
ury of  the  United  States  continues  to  maintain  for  the  com- 
monwealth a  separate  book  account  of  all  funds  deposited 


530  Acts,  1937. —Chap.  421. 

therein  by  it  for  benefit  purposes,  together  with  its  propor- 
tionate share  of  the  earnings  of  such  unemployment  trust 
fund,  from  which  no  other  state  is  permitted  to  make  with- 
drawals. If  and  when  such  unemployment  trust  fund,  or 
the  federal  law  under  which  it  is  established,  ceases  to  exist, 
or  such  separate  book  account  is  no  longer  maintained,  all 
moneys,  properties  or  securities  therein,  belonging  to  the 
unemployment  compensation  fund  of  the  commonwealth 
shall  be  requisitioned  by  the  state  treasurer,  as  treasurer  and 
custodian  of  the  fund,  who  shall  thereafter  hold,  invest, 
transfer,  sell,  deposit  and  release  such  moneys,  properties  or 
securities  in  accordance  with  the  pertinent  provisions  of  this 
chapter. 

All  investments  of  the  fund  shall,  as  far  as  practicable,  be 
readily  convertible  into  cash  when  needed.  To  this  end  the 
investment  board  created  by  section  forty-one  shall  invest 
the  fund,  except  as  provided  in  this  section,  only  in  the  fol- 
lowing classes  of  securities;  (a)  United  States  treasury  notes 
and  certificates;  (h)  other  direct  obhgations  of  the  United 
States;  (c)  securities  which  are  the  direct  obligations  of  the 
commonwealth;  (d)  bonds  and  other  interest-bearing  obh- 
gations of  any  legally  constituted  governmental  subdivision 
of  the  commonwealth,  if  such  subdivision  has  never  defaulted 
in  the  payment  of  the  principal  or  interest  of  any  of  its  bonds 
or  other  interest-bearing  obhgations. 
boIrd'™^°*  Section  41.     An  investment  board  of  three  members,  here- 

inafter called  the  board,  the  membership  of  which  shall  be 
as  provided  in  the  following  sentence,  is  hereby  created,  and 
shall  be  responsible  for  directing  how  and  to  what  extent  the 
fund  shall  from  time  to  time  be  held,  deposited  and  invested 
under  this  chapter.  The  board  shall  consist  of  the  state 
treasurer,  the  commissioner  of  banks  and  the  chairman  of  the 
commission,  or  their  authorized  representatives.  The  board 
shall  perform  its  duties  by  the  recorded  vote  of  any  two  of  its 
members  and  under  rules  to  be  adopted  by  it.  During  the 
first  year  of  contribution  payments  under  this  chapter  the 
board  shall  promptly  direct  the  investment  of  all  moneys 
received  by  the  fund,  except  as  otherwise  provided  in  section 
forty.  Thereafter,  except  as  otherwise  provided  in  said  sec- 
tion, as  the  board  may  from  time  to  time  determine,  not  less 
than  twenty  nor  more  than  forty  per  cent  of  the  fund  shall 
either  be  deposited  with  the  federal  reserve  bank  of  Boston, 
if  said  bank  is  authorized  to  receive  and  to  pay  interest  on 
such  deposits,  or  shall  be  deposited  by  the  state  treasurer 
in  the  same  manner  and  subject  to  all  the  provisions  of  law 
applying  to  the  deposit  of  other  state  funds,  or  shall,  at  the 
direction  of  the  board,  be  held  in  ear-marked  cash  either  by 
the  state  treasurer  or  by  the  federal  reserve  bank  of  Boston, 
if  said  bank  is  authorized  to  hold  such  funds  for  the  com- 
monwealth, or  in  other  safe  depositories  selected  by  the 
board.  Except  as  otherwise  provided  in  section  forty,  the 
balance  of  the  fund  shall  at  the  direction  of  the  board  be 
invested  in  any  or  all  of  the  classes  of  securities  therein  re- 


Acts,  1937.  —  Chap.  421.  531 

ferred  to.  If  the  fund  is  so  invested,  the  board  may  purchase 
and  sell  such  securities  therefor  at  current  market  prices, 
may  invest  and  reinvest  the  fund  from  time  to  time  in  its 
discretion,  and  may,  in  its  discretion,  borrow  against  its 
investments  for  current  payments.  To  enable  the  board  to 
perform  its  duties  under  this  section  the  commission  shall 
furnish  the  board  with  any  necessary  assistance  duly  re- 
quested by  the  board  and  approved  by  the  commission. 

Unemployment  Compensation  Administration  Account. 

Section  Ji.2.  There  is  hereby  created  the  unemployment  Administra- 
compensation  administration  account,  hereinafter  and  in  the 
two  following  sections  called  the  account,  to  consist  of  all 
moneys  appropriated  by  the  commonwealth  for  the  adminis- 
tration of  this  chapter  and  of  all  moneys  received  under  this 
chapter  or  under  federal  law  and  designated  for  the  adminis- 
tration of  this  chapter  or  for  said  account.  The  entire  cost 
of  the  administration  of  this  chapter,  including  salaries,  cost 
of  pubhc  employment  offices,  and  other  expenditures  and 
expenses  required,  shall  be  paid  out  of  the  account;  provided, 
that  in  no  case  shall  the  administrative  expenses  exceed  ten 
per  cent  of  the  annual  contributions  of  employers  and  em- 
ployees. The  account  shall  be  kept  and  accounted  for  by 
the  state  treasurer  in  the  same  manner  as  other  moneys  of 
the  commonwealth,  except  that  its  annual  balances  shall  be 
carried  forward  and  shall  remain  continuously  available  to 
the  commission  solely  for  the  purposes  herein  specified.  The 
state  treasurer  shall  give  a  separate  and  additional  bond, 
conditioned  on  the  faithful  performance  of  his  duties  as  cus- 
todian of  the  moneys  in  the  account,  in  an  amount  recom- 
mended by  the  commission  and  approved  by  the  governor 
and  council  and  with  surety  or  sureties  satisfactory  to  the 
attornej^  general.  Such  bond  shall  be  deposited  with  the  state 
secretary.  Premiums  upon  bonds  required  pursuant  to  this 
section  shall  be  paid  from  the  account. 

Section  43.     AH  federal  moneys  allotted  or  apportioned  ^^'Jf  *^ 
to  the  commonwealth  by  the  federal  social  security  board, 
or  other  federal  agency,  for  the  administration  of  this  chap- 
ter, shall  be  paid  into  the  account. 

Section  44-     Special  employment  service  accounts  shall  pfoy'^minT" 
be  maintained  as  a  part  of  the  account,  for  the  purpose  of  service 
segregating  such  money  as  may  be  made  available  by  the  ^^''°^^  ^" 
commonwealth  for  its  state  employment  service,  together 
with  such  money  as  may  be  allotted  to  the  commonwealth 
under  the  Wagner-Peyser  Act,  so-called,  and  such  money  as 
may  be  apportioned  for  the  purposes  of  such  accounts  from 
moneys  received  by  the  commonwealth  under  Title  III  of 
the  Social  Security  Act,  so-called,  or  under  any  other  federal 
law. 

For  the  purpose  of  establishing  and  maintaining  free  em- 
ployment offices,  the  commission  is  authorized  to  enter  into 
agreements  with  any  city  or  town  of  the  commonwealth 


532 


Acts,  1937. —Chap.  421. 


and,  as  a  part  of  any  such  agreement,  the  commission  may 
accept  moneys,  services  or  quarters  for  the  purposes  of  the 
employment  service  accounts. 


State 

advisory 

council. 


Law  and 
rules,  etc., 
to  be  dis- 
tributed. 


Reports  of 
commission. 


Agreements 
with  federal 
and  other 
state  govern- 
ments. 


A  dministration. 

Section  1^5.  The  state  advisory  council  established  under 
section  nine  N  of  chapter  twenty-three  shall  perform  all  the 
duties  imposed  on  it  by  this  chapter  and,  in  addition,  shall 
consider  and  advise  the  commission  upon  all  matters  con- 
nected with  this  chapter  submitted  to  it  by  the  commission 
and  may  recommend  upon  its  own  initiative  such  changes 
in  the  administration  of  this  chapter  as  it  deems  necessary. 
It  shall  have  full  investigatory  powers,  and  shall  have  direct 
access  to  all  sources  of  information  relating  to  employment. 
It  shall  promote  as  far  as  possible  the  regularization  of  em- 
ployment within  the  commonwealth.  It  shall  so  aid  in  the 
formation  of  policies  related  to  the  administration  of  this 
chapter  as  to  insure  a  fair,  impartial  and  neutral  adminis- 
tration hereof,  free  from  political  influences. 

Section  4^.  The  commission,  subject  to  the  approval  of 
the  commission  on  administration  and  finance,  shall  cause 
to  be  printed  in  proper  form  for  distribution  to  the  public 
the  full  text  of  this  chapter,  its  general  rules,  its  annual 
reports,  its  regulations,  classifications,  rates  and  rules  of  pro- 
cedure, and  any  other  material  it  deems  relevant  and  suitable, 
and  shall  distribute  the  same,  free  of  charge,  upon  request. 
Unless  the  contrary  is  provided  hereunder,  or  by  the  rules 
or  regulations  of  the  commission,  such  printing  and  distribu- 
tion shall  be  deemed  a  sufficient  publication  of  the  same. 

Section  47.  The  commission  shall  make  such  reports,  in 
such  form  and  containing  such  information,  as  the  federal 
social  security  board  or  its  successor  may  from  time  to  time 
require,  and  shall  furnish  such  additional  information  in 
such  form  as  said  board  or  its  successor  may  from  time  to 
time  require  to  substantiate  the  accuracy  of  such  reports; 
and  shall  make  available,  upon  request,  to  any  agency  of 
the  United  States  charged  with  the  administration  of  pub- 
lic works  or  other  assistance  through  public  employment, 
the  names,  addresses,  ordinary  occupation  and  employment 
status  of  each  recipient  of  unemployment  benefits,  and  a 
statement  of  such  recipient's  rights  to  further  benefits  under 
this  chapter;  and  shall  comply  with  all  reasonable  federal 
regulations  governing  expenditures  of  sums  allotted  or  appor- 
tioned to  the  commonwealth  for  the  administration  of  this 
chapter  and  accepted  by  the  commonwealth. 

Section  48.  The  commission  is  hereby  authorized  and 
empowered  to  enter  into  arrangements  with  the  appropriate 
agencies  of  other  states  and  the  federal  government  whereby 
individuals  performing  services  in  the  commonwealth  and  in 
other  states  for  an  employer  under  circumstances  not  specifi- 
cally provided  for  in  section  one  (/)  of  this  chapter,  or  under 
similar  provisions  in  the  unemployment  compensation  laws 


Acts,  1937. —Chap.  421.  533 

of  such  other  states,  shall  be  deemed  to  be  engaged  in  em- 
ployment performed  entirely  within  the  commonwealth  or 
within  one  of  such  other  states,  and  whereby  potential  rights 
to  benefits  accumulated  under  the  unemployment  compen- 
sation laws  of  several  states  or  under  such  a  law  of  the  fed- 
eral government,  or  both,  may  constitute  the  basis  for  the 
payment  of  benefits  through  a  single  appropriate  agency  or 
otherwise  under  terms  which  the  commission  finds  to  be 
fair  and  reasonable  as  to  all  affected  interests  and  not  to 
result  in  any  substantial  loss  to  the  fund. 

Section  49-     This  chapter  shall  be  known  and  may  be  Chapter, 
cited  as  the  Unemployment  Compensation  Law.  ^°^  "*®'^' 

Section  50.     If  any  part,  section  or  subdivision  of  this  Effect  of 
chapter,  or  the  application  thereof,  shall  be  held  invalid,  un-  S^'part'of 
constitutional  or  inoperative  as  to  any  particular  person,  chapter. 
persons  or  conditions,  the  remainder  hereof,  or  the  applica- 
tion of  an}'  such  part,  section  or  subdivision  to  other  persons 
and  conditions,  shall  not  be  affected  thereby. 

Section  51.    No  person  shall  be  or  be  deemed  to  be  vested  Reservations, 
with  any  property  or  other  right  by  virtue  of  the  enactment 
of  this  chapter. 

Section  2.  The  provisions  of  chapter  one  hundred  and  ff^g''^^^® 
fifty-one  A,  as  appearing  in  section  one  of  this  act,  shall 
take  effect  as  of  January  first,  nineteen  hundred  and  thirty- 
seven,  except  that  employees'  contributions  shall  be  deter- 
mined in  accordance  with  the  provisions  of  said  chapter  as 
so  appearing,  as  of  July  first,  nineteen  hundred  and  thirty- 
seven. 

Section  3.  All  actions  and  proceedings,  at  law  or  in  Temporary 
equity,  and  all  prosecutions,  pending  on  the  effective  date  p'"°'^*°"^- 
of  this  act,  whether  commenced  for  the  purpose  of  enforcing 
any  of  the  provisions  of  chapter  one  hundred  and  fifty-one  A 
of  the  General  Laws,  as  in  force  at  any  time  prior  to  such 
effective  date,  or  brought  upon  any  complaint  or  indictment 
for  the  violation  of  any  provision  thereof  for  the  violation 
of  which  a  penalty  of  a  fine  or  imprisonment,  or  otherwise, 
was  provided  therein,  may  be  prosecuted  and  enforced  to 
the  same  extent  as  if  said  chapter  were  still  in  force  and 
effect. 

All  orders  made  under  any  provision  of  said  chapter  as 
formerly  in  force  and  not  revoked  by  operation  of  law,  or 
otherwise,  prior  to  the  effective  date  of  this  act  shall,  until 
revoked  or  amended,  remain  in  full  force  and  effect. 

Nothing  in  this  act  shall  be  construed  to  relieve  any  per- 
son subject  to  said  chapter,  as  formerly  in  force,  from  the 
consequences  of  any  act  done  in  violation  of,  or  refusal  or 
neglect  to  act  in  accordance  with,  any  provision  of  said 
chapter,  as  formerly  in  force,  or  of  any  lawful  order  of  the 
commission  made  thereunder. 

Section  4.    This  act  shall  be  construed  as  a  continuation  Act.  how 
of  the  unemployment  compensation  law  of  this  common-  '"'^^^'^'^^■ 
wealth  in  effect  immediately  prior  to  the  effective  date  of 
this  act.     The   unemployment   compensation  fund  estab- 


534  Acts,  1937.  —  Chap.  422. 

lished  under  said  law  in  effect  as  aforesaid  shall  be  continued 
and  maintained  in  all  respects  as  if  this  act  had  not  been 
enacted,  excepting  in  so  far  as  the  provisions  of  this  act  are 
in  conflict  with  such  continuance  and  maintenance. 

Approved  May  29,  1937. 


ChavA22  An  Act  further  providing  for  a  temporary  additional 

TAX    UPON    PERSONAL    INCOMES,     CORPORATIONS,     SUCCES- 
SIONS  AND   LEGACIES. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend 

praam  e.  ^^  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  There  is  hereby  imposed,  in  addition  to  the 
taxes  levied  under  the  provisions  of  chapter  sixty-two  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
and  all  acts  in  amendment  thereof  and  in  addition  thereto, 
taxes  levied  under  the  provisions  of  section  nine  of  chapter 
three  hundred  and  seven  of  the  acts  of  nineteen  hundred 
and  thirty-three,  as  amended,  and  taxes  levied  under  the 
provisions  of  sections  thirty  to  sixty,  inclusive,  of  chapter 
sixty-three  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  and  all  acts  in  amendment  thereof  and 
in  addition  thereto,  an  additional  tax  equal  to  ten  per  cent 
of  the  taxes  imposed  under  the  provisions  of  said  sections, 
acts  and  chapters,  and  all  provisions  of  law  relative  to  the 
assessment,  payment,  collection  and  abatement  of  the  said 
taxes  shall  apply  to  the  taxes  imposed  by  this  section;  pro- 
vided, that  no  tax  assessed  under  this  section  in  or  on  account 
of  the  calendar  year  nineteen  hundred  and  thirty-seven  shall 
bear  interest  prior  to  October  first  of  said  year. 

Section  2.  All  property  subject  to  a  legacy  and  succession 
tax  under  the  provisions  of  chapter  sixty-five  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition,  and  of  any 
further  amendments  thereof  or  additions  thereto,  shall  be 
subject  to  an  additional  tax  of  ten  per  cent  of  all  taxes 
imposed  by  said  provisions.  All  provisions  of  law  relative 
to  the  determination,  certification,  payment,  collection  and 
abatement  of  such  legacy  and  succession  taxes  shall  apply 
to  the  additional  tax  imposed  by  this  section. 

Section  3.  All  the  taxes  provided  by  sections  one  and 
two  shall  be  retained  by  the  commonwealth. 

Section  4.  A  fiduciary  shall  be  hable  to  pay  a  tax  under 
this  act  upon  income  received  and  distributed  by  him  prior 
to  the  effective  date  thereof  only  to  the  extent  that  such 
fiduciary  shall,  after  said  effective  date,  hold  as  such  fiduciary 
funds  of  an  estate  or  trust  due  to  the  beneficiary  to  whom 
said  income  was  distributed. 

Section  5.  Section  one  shall  apply  only  to  the  assessment 
of  taxes  in  or  on  account  of  the  calendar  year  nineteen  hundred 


Acts,  1937. —Chap.  423.  535 

and  thirty-seven.  Section  two  shall  apply  only  to  property 
or  interests  therein  passing  or  accruing  upon  the  death  of 
persons  who  die  in  the  calendar  year  nineteen  hundred  and 
thirty-seven.  Ajpyroved  May  29,  1937. 


An  Act  providing  for  the  acquisition  of  property  for  (Jfid^p  423 

FLOOD  CONTROL  PURPOSES  IN  THE  MERRIMACK  RIVER  VAL-      ^' 
LEY,  FOR  COMPLIANCE  BY  THE  COMMONWEALTH  WITH  THE 
INTERSTATE  COMPACT  RELATIVE  THERETO,  AND  FOR  FUR- 
THER STUDY  RELATIVE  TO  SUCH  FLOOD  CONTROL. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  ^^^^^ 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  pubUc  works  shall  be  the 
agency  of  the  commonwealth  for  the  acquisition  of  lands, 
easements  and  rights  of  way  provided  for  in  the  compact 
between  the  commonwealth  and  the  state  of  New  Hamp- 
shire relative  to  flood  control  in  the  Merrimack  river  valley. 
Said  department,  upon  the  request  of  the  Merrimack  river 
valley  flood  control  commission,  established  by  said  com- 
pact, may  take  by  eminent  domain  under  chapter  seventy- 
nine  of  the  General  Laws  or  acquire  by  purchase  or  other- 
wise, in  behalf  of  the  commonwealth,  such  lands,  easements 
and  rights  of  way,  including  cemeteries  and  property  held 
for  public  use,  and  including  any  railroad,  electric  trans- 
mission or  distribution  lines,  telephone  or  telegraph  lines, 
pipe  lineS;  aqueducts,  water  mains,  gas  mains  or  other  pubHc 
utility  structures  located  thereon  within  the  commonwealth, 
as  are  determined  and  designated  by  said  flood  control  com- 
mission for  the  construction  of  any  reservoirs  authorized 
under  said  compact. 

Said  department  may  enter  into  any  agreement  or  con- 
tract with  any  person,  city,  town,  water  district  or  public 
utility  companj^  providing  for  the  removal  of  his  or  its  rail- 
road, electric  transmission  or  distribution  lines,  telephone 
or  telegraph  lines,  pipe  lines,  aqueducts,  water  mains,  gas 
mains  or  other  public  utility  structures  to  such  new  location 
under  such  terms  and  conditions  as  may  be  agreed  upon  and 
without  expense  to  the  owner  thereof.  For  the  purpose  of 
providing  lands,  easem.ents  or  rights  of  way  for  such  new 
location,  said  department  may  take  property  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws. 

Said  department  shall  keep  an  accurate  account  of  all 
expenditures  made  or  incurred  in  the  acquisition  of  lands, 
easements  and  rights  of  way  under  any  provision  of  this 
section,  and  the  same  shall  be  included  as  part  of  the  cost  of 
acquisition  to  be  paid  by  said  Merrimack  river  valley  flood 
control  commission.  Said  expenditures  shall  be  made  in 
anticipation  of  and  subject  to  appropriations. 


536  Acts,  1937.  —  Chap.  423. 

Section  2.  Upon  the  acquisition  of  such  lands,  easements 
and  rights  of  way  or  parts  thereof  for  the  construction  of  any 
dam  or  reservoir  authorized  under  said  compact,  and  the 
full  payment  by  said  Merrimack  river  valley  flood  control 
commission  of  the  cost  of  acquisition  thereof,  including  all 
expenditures  the  inclusion  of  which  is  authorized  by  article 
VIII  of  said  compact,  said  department  in  the  name  of  the 
commonwealth  shall  make,  execute  and  deliver  to  said  com- 
mission a  good  and  sufficient  lease  for  nine  hundred  and 
ninety-nine  years  of  such  lands,  easements  and  rights  of 
way,  upon  the  conditions  and  subject  to  all  the  provisions 
and  restrictions  set  forth  in  article  VII  of  said  compact. 

Section  3.  Said  department  of  public  works,  upon  notice 
from  and  at  the  sole  expense  of  said  Merrimack  river  valley 
flood  control  commission,  shall  make  such  highway  reloca- 
tions as  may  become  necessary  because  of  the  construction, 
operation  and  maintenance  of  any  dam  or  reservoir  author- 
ized under  said  compact.  Said  department  shall  lay  out  and 
construct  the  new  locations  in  the  manner  provided  by  law 
for  the  laying  out  and  construction  of  state  highways,  and 
may  take  property  therefor  by  eminent  domain  under  said 
chapter  seventy-nine;  but  after  the  construction  of  each 
such  relocated  highway  it  shall  be  a  state  highway  only  if 
the  highway  of  which  it  is  a  relocation  was  a  state  highway, 
otherwise  it  shall  be  a  highway  subject  to  chapters  eighty- 
two  and  eighty-four  of  the  General  Laws  and  all  other  pro- 
visions of  law  relative  to  highways  in  each  county  and  mu- 
nicipality in  which  it,  or  any  part  thereof,  is  situated  after 
such  relocation. 

An  accurate  record  shall  be  kept  of  the  cost  of  such  relo- 
cations, including  the  cost  of  acquisition  of  any  lands,  ease- 
ments and  rights  of  way  necessary  thereto,  and  any  expense 
incidental  to  the  same,  and  the  said  cost  and  expense  shall 
be  paid  by  said  Merrimack  river  valley  flood  control  com- 
mission in  accordance  with  the  terms  of  said  compact;  pro- 
vided, that  due  allowance  shall  be  made  on  account  of  any 
improved  type  of  construction  of  such  relocated  highway. 
In  the  event  that  said  department  and  said  commission  can- 
not agree  as  to  the  cost  and  expense  to  be  paid  by  said  com- 
mission on  account  of  such  highway  relocation,  either  party 
may  apply  by  petition  to  the  superior  court  within  and  for 
any  county  wherein  such  highway  as  relocated  or  any  part 
thereof  is  situated,  to  fix  and  determine  the  same,  and,  upon 
hearing,  said  court  shall  thereupon  ascertain  and  adjudge 
the  amount  thereof,  giving  the  matter  precedence  over  all 
other  civil  cases,  except  as  otherwise  provided  by  law. 

Section  4.  Said  department  of  public  works  is  hereby 
designated  the  agency,  with  the  approval  of  the  governor, 
to  notify  the  United  States  through  its  war  department, 
before  construction  work  is  commenced  upon  any  flood 
control  reservoir  authorized  under  said  compact,  of  the 
determination  by  the  commonwealth  to  preserve  the  value 
of  any  such  site  for  the  purpose   of  water  conservation, 


Acts,  1937. —Chap.  423.  537 

power  storage  or  power  development  that  may  be  inherent 
in  such  site,  in  order  that  the  dam  and  works  at  such  site 
may  be  so  designed  and  constructed  as  to  provide  for  the 
further  development  thereof  as  a  storage  reservoir  for  the 
purposes  aforesaid.  Said  department  may,  with  the  approval 
of  the  governor,  enter  into  contracts  or  agreements  with 
the  United  States  respecting  the  terms  and  conditions  under 
which  such  rights  of  water  conservation,  power  storage  or 
power  development  shall  be  made  available,  and  may  approve 
on  the  part  of  the  commonwealth  such  types  of  dams  and 
reservoirs  and  such  general  plans  for  their  construction,  as 
will  provide  for  such  further  development  in  accordance  with 
the  terms  and  provisions  of  article  IX  of  said  compact. 

Said  department  may  acquire  in  the  manner  provided  in 
section  one  such  additional  lands,  easements  and  rights  of 
way  as  may  be  necessary  for  the  full  beneficial  use  of  the 
rights  reserved  to  the  commonwealth  under  the  terms  of 
said  compact. 

In  providing  for  such  further  development  and  use  of  such 
dams  and  reservoirs  for  the  purposes  reserved  to  the  com- 
monwealth as  aforesaid,  or  in  the  acquisition  of  lands,  ease- 
ments or  rights  of  way  therefor,  or  for  any  flood  control 
reservoir  site,  said  department,  with  the  approval  of  the 
governor,  may  enter  into  such  contracts  and  agreements 
with  such  persons,  under  such  terms  and  subject  to  such 
conditions,  as  to  it  shall  appear  to  be  for  the  best  interest 
and  advantage  of  the  commonwealth. 

Said  department,  with  the  approval  of  the  governor,  may 
at  any  time  hereafter,  whenever  it  may  determine  that  any 
reservoir  constructed  under  the  terms  of  said  compact  is 
desirable  or  necessary  to  be  used  for  water  conservation, 
power  storage  or  power  development,  require  the  same  to 
be  adapted  for  that  purpose  in  accordance  with  the  pro- 
visions of  article  IX  of  said  compact. 

Section  5.  All  sums  required  by  said  compact  to  be  paid 
by  the  commonwealth  to  the  Merrimack  river  valley  flood 
control  commission  shall  be  paid  by  the  state  treasurer  to 
the  treasurer  of  said  commission  upon  its  requisition  therefor. 

Section  6.  To  meet  the  expenditures  necessary  to  carry 
out  the  provisions  of  article  X  of  said  compact  relating  to 
the  payment  by  the  commonwealth  to  the  Merrimack  river 
valley  flood  control  commission  of  the  proportionate  share 
of  the  commonwealth  in  the  cost  of  acquisition  of  lands, 
easements  and  rights  of  way  for  the  dams  and  reservoirs 
therein  provided  as  the  initial  plan,  the  state  treasurer  shall 
upon  request  of  said  commission  issue  and  sell,  at  public  or 
private  sale,  bonds  of  the  commonwealth  registered  or  with 
interest  coupons  attached  as  he  may  deem  best  to  an  amount 
to  be  specified  by  said  commission  from  time  to  time,  but 
not  in  excess  of  one  million,  one  hundred  and  forty-two 
thousand  five  hundred  dollars  in  the  aggregate,  nor  in  excess 
of  five  hundred  and  seventy-one  thousand  two  hundred  and 
fifty  dollars  in  any  one  year.    All  such  bonds  shall  be  desig- 


538  Acts,  1937. —Chap.  424. 

nated  on  their  face,  —  Merrimack  River  Valley  Flood  Con- 
trol Loan,  and  shall  be  on  the  serial  payment  plan  for  such 
maximum  term  of  years  as  the  governor  may  recommend  to 
the  general  court  in  accordance  with  section  3  of  article 
LXII  of  the  Amendments  to  the  Constitution  of  the  Com- 
monwealth, the  maturities  thereof  to  be  so  arranged  that 
the  amount  payable  each  year,  other  than  the  final  year, 
shall,  as  nearly  as  in  the  opinion  of  the  state  treasurer  is 
practicable,  be  equal.  Said  bonds  shall  bear  interest  pay- 
able semi-annually  at  such  rate  as  the  state  treasurer,  with 
the  approval  of  the  governor  and  council,  shall  fix. 

Section  7.  There  may  be  expended  for  the  compensation 
of  the  members  of  said  commission  appointed  by  the  com- 
monwealth who  do  not  hold  salaried  state  office  and  for  the 
necessary  expenses  of  operation  and  maintenance  of  struc- 
tures and  appurtenances  thereto  provided  for  under  said 
compact  such  sums  as  may  be  annually  appropriated  therefor. 

Section  8.  The  state  planning  board  shall  make  or  cause 
to  be  made  such  studies  and  investigations  of  the  Merrimack 
river  and  its  tributaries,  with  particular  reference  to  the 
matter  of  possible  flood  control  reservoir  sites  on  such  tribu- 
taries and  the  availability  and  feasibility  of  the  same  in  con- 
nection with  the  further  extension  and  expansion  of  a  com- 
prehensive program  of  flood  control  contemplated  under  said 
compact,  as  may  be  necessary  to  determine  the  character 
and  location  of  reservoir  sites  which  would  be  most  beneficial 
to  the  commonwealth  as  a  part  of  such  program.  From  time 
to  time  said  board  shall  report  its  findings  and  recommenda- 
tions upon  the  foregoing  matters  to  the  general  court. 

Approved  May  29,  1937. 

ChavA24:  ^n  Act  making  certain  changes  in  the  laws  relative  to 

THE  sale  of  alcoholic  BEVERAGES. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

G  L.  (Ter.  SECTION  1.     Chapter  one  hundred  and  thirty-eight  of  the 

§  i'6A,  etc.,       General  Laws  is  hereby  amended  by  striking  out  section  six- 
amended,  ^ggj^  ^^  g^g  jQost  recently  amended  by  section  six  of  chapter 
three  hundred  and  eighty-five  of  the  acts  of  nineteen  hundred 
and  thirty-four,  and  inserting  in  place  thereof  the  following: 
Limitation        —  Section  16 A.     The  holder  of  an  annual  license  under  sec- 

ot  licenses 

tion  twelve  or  fifteen  who  applies  during  the  month  of  Novem- 
ber in  any  licensing  period  for  a  license  of  the  same  class  for 
the  next  succeeding  licensing  period  or  any  former  holder  of 
a  seasonal  license  who  applies  during  the  month  of  March 
for  a  renewal  of  a  license  held  during  the  preceding  seasonal 
licensing  period  shall  be  prima  facie  entitled  thereto,  if  the 
number  of  such  licenses  issuable  under  section  seventeen  is 


Acts,  1937.  —  Chap.  424.  539 

not  less  than  the  number  of  such  holders  or  former  holders 
so  applying.  If  in  any  year  the  number  of  such  licenses  so 
issuable  is  less  than  the  number  of  such  holders  or  former 
holders  so  applying,  such  applicants  shall  be  prima  facie 
entitled  to  renewals  in  the  order  of  the  dates  of  their  respec- 
tive applications,  to  the  extent  that  the  same  are  issuable 
under  section  seventeen.  Any  such  application  may,  how- 
ever, be  rejected  for  cause,  subject  to  appeal  under  section 
sixty-seven.  A  person  whose  application  has  so  been  rejected 
by  the  local  licensing  authorities  shall  for  the  purposes  of 
section  seventeen  be  deemed  to  have  been  granted  such  a 
license  until  the  period  for  such  an  appeal  has  expired  or  until 
his  appeal  has  been  dismissed. 

Section  2.     Said  chapter  one  hundred  and  thirty-eight  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  sixteen  B,  as  f '{en^etc . 
most  recently  amended  by  chapter  two  hundred  and  ninety-  amended. 
one  of  the  acts  of  the  current  year,  and  inserting  in  place 
thereof  the  following:  —  Section  16B.     Applications  for  li-  Time  within 
censes  or  permits  authorized  to  be  granted  by  the  commission  etc!%ha1f"^^^' 
shall  be  granted  or  dismissed  not  later  than  thirty  days  after  ^'^  granted. 
the  filing  of  the  same,  and,  except  as  provided  in  section 
sixteen  A,  applications  for  licenses  authorized  to  be  granted 
by  the  local  licensing  authorities  shall  be  acted  upon  within 
a  like  period  and  if  favorably  acted  upon  by  the  said  authori- 
ties shall  be  submitted  for  approval  by  the  commission  not 
later  than  three  days  following  such  favorable  action;    pro- 
vided, however,  that  local  licensing  authorities  shall  not  be 
required  to  act  prior  to  December  fifteenth  in  any  year  on 
applications  for  the  renewal  of  annual  licenses  filed  in  accord- 
ance with  the  provisions  of  section  sixteen  A  or  prior  to 
April  fifteenth  in  any  year  on  applications  for  the  renewal 
of  seasonal  licenses  so  filed.     A  license  so  approved  shall  be 
issued  by  said  authorities  not  later  than  three  days  following 
receipt  of  notice  of  approval  by  the  commission.    Any  appli- 
cant for  a  license  under  this  chapter  who  fails  to  comply 
with  the  requirements  of  section  seventy  within  fourteen 
days  after  notice  that  a  license  has  been  authorized  to  be 
granted  to  him  shall  forfeit  any  right  thereto,  unless  the 
licensing  authorities  to  which  application  w^as  made  other- 
wise determine. 

Unless  the  licensing  authorities  otherwise  determine,  not 
more  than  one  application  for  a  license  under  section  twelve 
or  fifteen  to  be  exercised  on  the  same  premises  shall  be  re- 
ceived in  any  year. 

Section  3.     Said  chapter  one  hundred  and  thirty-eight  g.  l.  (Ter. 
is  hereby  further  amended  by  striking  out  section  seventeen,  §  irlltl', 
as  most  recently  amended  by  section  one  of  chapter  fourteen  amended. 
of  the  acts  of  the  current  year,  and  inserting  in  place  thereof 
the  following: —  Section  17.    Except  as  otherwise  provided  Number  of 
in  this  chapter,  the  number  of  licenses  issued  in  any  city 
or  town  under  sections  twelve  and  fifteen  and  in  force  and 
effect  at  any  one  time  during  any  license  year  shall  be  limited 
as  hereinafter  provided : 


540  Acts,  1937.  —  Chap.  424. 

(1)  The  local  licensing  authorities  of  any  town  having  a 
population  of  three  thousand  or  less  may  grant  four  licenses 
under  the  said  sections,  but  in  no  case  shall  they  grant  more 
than  three  licenses  under  section  twelve  or  more  than  two 
licenses  under  section  fifteen. 

(2)  The  local  licensing  authorities  of  any  town  having  a 
population  of  more  than  three  thousand,  but  not  more  than 
four  thousand,  may  grant  four  licenses  under  the  said  sec- 
tions, not  more  than  two  of  which  shall  be  under  section 
fifteen. 

(3)  The  local  licensing  authorities  of  any  town  having  a 
population  of  more  than  four  thousand,  but  not  more  than 
five  thousand,  may  grant  five  licenses  under  the  said  sec- 
tions, not  more  than  two  of  which  shall  be  under  section 
fifteen. 

(4)  The  local  licensing  authorities  of  any  city  or  town 
having  a  population  of  more  than  five  thousand,  but  not 
more  than  fifteen  thousand,  may  grant  in  the  aggregate  one 
license  under  the  said  sections  for  each  population  unit  of 
one  thousand  or  fraction  thereof,  but  not  more  than  three 
of  the  said  licenses  shall  be  under  section  fifteen. 

(5)  The  local  licensing  authorities  of  any  city  or  town, 
except  the  city  of  Boston,  having  a  population  of  more  than 
fifteen  thousand  may  grant  in  the  aggregate  one  license 
under  the  said  sections  for  each  population  unit  of  one  thou- 
sand or  fraction  thereof,  but  the  number  of  licenses  under 
section  fifteen  shall  not  exceed  one  for  each  population  unit 
of  five  thousand  or  fraction  thereof. 

Irrespective  of  the  number  of  licenses  that  may  otherwise 
be  granted  in  cities  and  towns  as  provided  in  clauses  (1)  to 
(5),  inclusive,  of  this  section,  the  local  licensing  authorities 
may  grant  to  legally  chartered  clubs  in  any  such  city  or 
town  five  additional  licenses  under  section  twelve,  and  such 
authorities  in  any  city  or  town  having  a  population  exceed- 
ing twenty-five  thousand  may  grant  one  additional  license 
as  aforesaid  for  each  population  unit  of  ten  thousand  or 
fraction  thereof  over  twenty-five  thousand;  but  the  provi- 
sions of  this  section  shall  not  prevent  the  granting  of  addi- 
tional licenses  in  any  such  city  or  town  to  such  clubs  as  were 
licensed  therein  to  sell  during  the  year  nineteen  hundred 
and  thirty-five  all  alcoholic  beverages,  nor  shall  they  pre- 
vent the  granting  in  any  such  city  or  town  of  additional 
licenses  to  legally  chartered  clubs  not  so  licensed,  if  within 
the  number  of  licenses  of  all  classes  that  may  be  granted 
under  section  twelve  in  any  such  city  or  town  as  provided 
in  said  clauses. 

In  addition  to  the  number  of  licenses  otherwise  authorized 
to  be  granted  by  the  provisions  of  this  section,  the  local 
licensing  authorities  of  any  city  or  town,  except  the  city  of 
Boston,  which  has  voted  to  grant  licenses  for  the  sale  of  all 
alcoholic  beverages  as  provided  in  the  first  question  appear- 
ing in  section  eleven,  may  grant  not  more  than  one  license 
for  the  sale  of  wines  or  malt  beverages  only,  or  both,  for 


Acts,  1937.  —  Chap.  424.  541 

each  population  unit  of  five  thousand  or  fraction  thereof; 
provided,  that  in  any  such  city  or  town,  said  authorities 
may  grant  at  least  five  additional  licenses  for  the  sale  of  such 
beverages,  irrespective  of  its  population;  and  provided, 
further,  that  the  establishment  of  this  limitation  shall  not 
be  construed  to  prevent  the  renewal  of  any  license  granted 
prior  to  June  fifteenth,  nineteen  hundred  and  thirty-seven. 

The  local  licensing  authorities  of  any  city  or  town,  except 
the  city  of  Boston,  which  has  voted  to  grant  licenses  for  the 
sale  of  wines  and  malt  beverages,  as  provided  in  the  second 
question  appearing  in  section  eleven,  and  which  has  also 
voted  to  grant  licenses  for  the  sale  of  all  alcoholic  beverages 
in  packages,  as  provided  in  the  third  question  appearing  in 
the  said  section,  may  grant  additional  licenses  under  section 
fifteen  for  the  sale  of  wines  or  malt  beverages  only,  or  both, 
equal  to  the  number  of  licenses  under  the  said  section  other- 
wise authorized  to  be  granted  in  any  such  city  or  town  b}^  the 
provisions  of  this  section. 

The  local  licensing  authorities  of  any  city  or  town,  except 
the  city  of  Boston,  may  make  an  estimate  prior  to  March 
first  in  any  year  of  any  temporary  increased  resident  popu- 
lation in  such  city  or  town  as  of  July  tenth  following,  and 
one  additional  license  under  section  twelvC;  to  be  effective 
from  April  first  to  November  thirtieth  only,  may  be  granted 
by  said  authorities  for  each  unit  of  one  thousand  or  addi- 
tional fraction  thereof  of  such  population  as  so  estimated, 
and  one  additional  license  under  section  fifteen,  to  be  effec- 
tive from  April  first  to  November  thirtieth  only,  may  be  so 
granted  for  each  unit  of  five  thousand  or  additional  fraction 
thereof,  of  such  population  as  so  estimated;  and  provided, 
further,  that  said  authorities  may  grant,,  in  addition  and 
irrespective  of  any  limitation  of  number  of  licenses  contained 
in  this  section,  seasonal  licenses  under  section  twelve  to 
duly  incorporated  clubs  in  their  city  or  town  if  deemed  by 
them  to  be  in  the  public  interest.  Every  estimate  hereunder 
of  temporary  resident  population  shall  be  made  and  voted 
upon  by  the  local  licensing  authorities  at  a  meeting  of  said 
authorities  called  for  the  purpose  after  due  notice  to  each 
of  the  members  thereof  of  the  time,  place  and  purpose  of 
said  meeting  and  after  investigation  and  ascertainment  by 
them  of  all  the  facts  and  after  co-operative  discussion  and 
deliberation.  A  copy  of  such  an  estimate,  signed  by  a  ma- 
jority of  the  members  of  said  authorities,  stating  under  the 
penalties  of  perjury  that  all  the  foregoing  requirements  have 
been  complied  with  and  that  the  estimate  is  true  to  the  best 
of  their  knowledge  and  belief,  shall  be  forwarded  forthwith 
to  the  commission. 

The  licensing  board  for  the  city  of  Boston  may  grant 
eight  hundred  and  fifty  licenses  for  the  sale  of  all  alcoholic 
beverages  under  section  twelve  and  three  hundred  and  five 
licenses  for  the  sale  of  such  beverages  under  section  fifteen; 
provided,  that  no  further  original  licenses  under  section 
fifteen  shall  be  granted  until  the  number  of  licenses  out- 


542 


Acts,  1937.  —  Chap.  424. 


G.  L.  (Tor. 
Ed.).  138. 
new  section 
20A,  added. 


Warehouse- 
men's permits. 


G.  L.  (Ter. 
Ed.),  138, 
§  34,  etc., 
amended. 


Employment 
of  minors 
prohibited. 


standing  thereunder  shall  have  been  reduced  to  less  than 
two  hundred  and  fifty  by  cancellation  or  revocation  or  the 
failure  of  holders  of  such  licenses  to  apply  for  renewals  and 
thereafter  licenses  thereunder  may  be  granted  only  up  to  a 
total  not  exceeding  two  hundred  and  fifty.  The  number  of 
licenses  for  the  sale  of  wines  or  malt  beverages  only,  or  both, 
in  the  said  city  shall  not  exceed  three  hundred  and  twenty. 

Notwithstanding  the  provisions  hereof,  no  quota  estab- 
lished hereunder  for  any  city  or  town  shall  be  decreased 
because  of  a  loss  in  population  of  less  than  one  thousand 
inhabitants. 

Unless  expressly  authorized  by  this  chapter,  local  licens- 
ing authorities  shall  not  grant  licenses  to  any  person,  firm 
or  corporation  under  more  than  one  section  of  this  chapter. 

Section  4.  Said  chapter  one  hundred  and  thirty-eight 
is  hereby  further  amended  by  inserting  after  section  twenty, 
as  most  recently  amended  by  sections  six  and  seven  of  chap- 
ter three  hundred  and  sixty-eight  of  the  acts  of  nineteen 
hundred  and  thirty-six,  the  following  new  section :  —  Section 
20 A.  The  commission  may  annually  grant  to  a  person 
or  corporation  licensed  as  a  public  warehouseman  under 
section  one  of  chapter  one  hundred  and  five,  or  corre- 
sponding provisions  of  earlier  laws,  a  permit  to  store  and 
warehouse  alcoholic  beverages,  subject,  however,  to  such 
regulations  as  shall  be  made  by  the  commissioner  of  cor- 
porations and  taxation  relative  to  the  receipt,  storage  and 
removal  of  alcoholic  beverages  stored  under  authority  of 
such  a  permit,  and  said  commissioner  is  hereby  empowered 
to  make,  amend  or  annul  such  regulations  and  to  enforce 
the  same.  The  fee  for  such  a  permit  shall  be  ten  dollars. 
Whoever  without  such  a  permit  receives  alcoholic  bever- 
ages for  the  purpose  of  storing  and  warehousing  the  same 
in  a  public  warehouse  shall  be  subject  to  the  penalties  pre- 
scribed in  section  two. 

Section  5.  Said  chapter  one  hundred  and  thirty-eight 
is  hereby  further  amended  by  striking  out  section  thirty- 
four,  as  most  recently  amended  by  chapter  one  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred  and  thirty-six, 
and  inserting  in  place  thereof  the  following:  —  Section  34- 
No  person  shall  receive  a  license  or  permit  under  this 
chapter  who  is  under  twenty-one  years  of  age.  Whoever, 
being  licensed  under  this  chapter,  employs  any  person  un- 
der twenty-one  years  of  age  in  the  direct  handling  or  sell- 
ing of  alcoholic  beverages  or  alcohol  or  whoever  makes  a 
sale  or  delivery  of  any  such  beverages  or  alcohol  to  any 
person  under  twenty-one  years  of  age,  either  for  his  own  use 
or  for  the  use  of  his  parent  or  of  any  other  person  or  whoever, 
being  a  patron  of  an  establishment  licensed  under  section 
twelve,  delivers  or  procures  to  be  delivered  in  any  public 
room  or  area  of  such  establishment  any  such  beverages  or 
alcohol  to  or  for  the  use  of  a  person  whom  he  knows  or 
has  reason  to  believe  to  be  under  twenty-one  years  of  age 
shall  be  punished  by  a  fine  of  not  more  than  two  hundred 


Acts,  1937.  —  Chap.  425.  543 

dollars  or  by  imprisonment  for  not  more  than  six  months, 
or  both. 

Section  6.    Section  six  of  chapter  one  hundred  and  forty  q.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  §'6,  amtnded. 
tion,  is  hereby  amended  by  striking  out,  in  the  first  line,  the 
word  "An"  and  inserting  in  place  thereof  the  following:  — 
Except  as  provided  in  section  six  A  with  respect  to  a  com- 
mon victualler's  license,  an,  —  so  as  to  read  as  follows:  — 
Sectio7i  6.    Except  as  provided  in  section  six  A  with  respect  lanhoiders, 
to  a  common  victualler's  license,  an  innholder's  or  common  tion'o^^*^' 
victualler's  license  shall  not  be  granted  unless  at  the  time  I'censing'of. 
of  making  application  therefor  the  applicant  has  upon  his 
premises  the  necessary  implements  and  facilities  for  cook- 
ing, preparing  and  serving  food  for  strangers  and  travelers; 
and,  if  he  is  an  applicant  for  an  innholder's  license,  also  has 
the  rooms,  beds  and  bedding  required  by  law. 

Section  7.  Said  chapter  one  hundred  and  forty  is  hereby  g.  l.  (Ter. 
further  amended  by  inserting  after  said  section  six  the  fol-  new  section 
lowing  new  section :  —  Section  6 A .  Any  person,  firm  or  cor-  ga,  added, 
poration  applying  for  a  license  as  a  common  victualler  and  at  Applicants 

tor  llCGIlSG3 

the  same  time  for  a  license  to  sell  alcoholic  beverages,  as  defined  to  file  plan  of 
in  section  one  of  chapter  one  hundred  and  thirty-eight,  to  be  f^'"*'""®''^'  ^*°- 
exercised  upon  premises  which  have  not  been  equipped  with 
fixtures  or  supplied  with  necessary  implements  and  facilities 
for  cooking,  preparing  and  serving  food  or  for  serving  alcoholic 
beverages  shall  file  with  the  local  licensing  authority  a  plan 
showing  the  location  of  booths,  bars,  tables,  ranges,  toilets 
and  in  general  the  proposed  set-up  of  the  premises  if  and 
when  the  licenses  may  issue,  together  with  an  itemized  esti- 
iriate  of  the  cost  of  said  proposed  set-up  and  of  such  fixtures, 
and  implements  and  facilities  necessary  for  cooking,  pre- 
paring and  serving  food  and  for  serving  such  beverages,  and 
shall  also  file  with  the  alcoholic  beverages  control  commis- 
sion a  duplicate  of  such  plan.  Thereupon  the  local  licensing 
authority  may  grant  the  common  victualler's  license  and, 
subject  to  the  approval  of  said  commission,  the  license  to 
sell  alcoholic  beverages,  as  so  defined,  upon  the  condition 
that  neither  of  said  licenses  shall  issue  until  the  completion 
of  the  premises  according  to  the  plans  and  estimates  sub- 
mitted, and  the  decision  of  the  local  licensing  authority  as 
to  whether  or  not  said  premises  are  so  completed  shall  be 
final.  Approved  May  29,  1937. 


An  Act  establishing  a  board  of  registration  in  chirop-  nhnj)  405 

ODY    (podiatry)    and   REGULATING   THE   PRACTICE   OF  SAID  ^' 

PROFESSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirteen   of  the   General   Laws  is  g.  l.  (Tor. 
hereby  amended  by  inserting  after  section  twelve,  as  appear-  ne'lv^sec^tions 
ing  in  the  Tercentenary  Edition,  the  following  three  new  sec-  ^2j4"P*-'' 
tions,  under  the  following  heading: 


544 


Acts,  1937. —Chap.  425. 


Board  of 
registration 
in  chiropody, 
appoint- 
ment, etc. 


Meetings. 


Salaries. 


G.  L.  (Ter. 
Ed.),  112,  §  13, 
amended. 


"Chiropody 
(podiatry)", 
defined. 


G.  L.  (Ter. 
Ed.),  112,  §  14, 
amended. 


BOARD   OF  REGISTRATION  IN   CHIROPODY    (pODIATRy). 

Section  12 A.  There  shall  be  a  board  of  registration  in 
chiropody  (podiatry),  to  be  appointed  by  the  governor,  with 
the  advice  and  consent  of  the  council,  in  this  and  the  two 
following  sections  called  the  board,  consisting  of  five  mem- 
bers, citizens  of  the  commonwealth,  four  of  whom  shall  have 
had  at  least  seven  years  of  practice  in  chiropody  (podiatry) 
in  this  commonwealth.  The  fifth  member  shall  be  a  regis- 
tered physician  who  shall  have  had  at  least  seven  years  of 
practice  in  medicine  in  this  commonwealth.  Not  more  than 
two  members  of  the  board  shall  at  one  time  be  members  of 
the  same  society  composed  of  chiropodists  (podiatrists).  No 
member  of  the  board  shall  be  connected  in  any  way  with  a 
school  of  chiropody  (podiatry)  or  be  financially  interested  in 
any  manufacturing,  wholesale  or  retail  business,  pertaining 
to  chiropody  (podiatry)  in  any  form  whatsoever.  As  the 
term  of  a  member  expires,  his  successor  shall  be  appointed 
by  the  governor,  with  like  advice  and  consent,  to  serve  for 
five  years. 

Section  12B.  The  board  shall  hold  regular  meetings  on 
the  second  Tuesdays  of  March,  July  and  November  in  each 
year,  and  additional  meetings  at  such  times  and  places  as  it 
may  determine.  At  the  regular  meeting  in  July  it  shall  or- 
ganize by  electing  a  chairman  and  secretary,  who  shall  be 
members  of  the  board,  and  who  shall  hold  their  respective 
offices  for  one  year.  Three  members  of  the  board  shall  consti- 
tute a  quorum  for  the  transaction  of  business. 

Section  12C.  There  shall  be  paid  by  the  commonwealth 
to  the  secretary  of  the  board  a  salary  of  three  hundred  dollars, 
and  his  necessary  expenses  incurred  in  the  discharge  of  his 
official  duties,  and  to  each  of  the  other  members  thereof  a 
salary  of  one  hundred  and  fifty  dollars,  and  his  necessary 
expenses  so  incurred;  provided,  that  the  salaries  and  ex- 
penses of  the  members  of  the  board,  and  the  expenses  of  the 
board,  shall  not  be  in  excess  of  the  receipts  for  registration 
and  from  other  sources  received  by  the  state  treasurer  from 
the  board. 

Section  2.  Section  thirteen  of  chapter  one  hundred  and 
twelve  of  the  General  Laws,  as  appearing  in  the  Tercentenary 
Edition,  is  hereby  amended  by  inserting  after  the  word 
"Chiropody"  in  the  first  fine  the  following: — (podiatry), 
—  so  as  to  read  as  follows:  —  Section  13.  "Chiropody" 
(podiatry),  as  used  in  this  chapter,  shall  mean  the  external 
treatment  of  the  structures  of  the  human  foot  by  medical, 
mechanical  or  surgical  means  without  the  use  of  other  than 
local  anaesthetics.  This  and  the  ten  following  sections  shall 
not  apply  to  surgeons  of  the  United  States  army,  navy,  or 
of  the  marine  hospital  service,  nor  to  physicians  registered 
in  the  commonwealth. 

Section  3.  Section  fourteen  of  said  chapter  one  hundred 
and  twelve,  as  so  appearing,  is  hereby  amended  by  inserting 


Acts,  1937.  —  Chap.  425.  545 

after  the  word  "chiropody"  in  the  jfirst  and  second  Hnes 
the  word: —  (podiatry),  —  and  by  inserting  after  the  word 
"chiropodist"  in  the  second,  and  in  the  fourth  and  fifth  lines, 
in  each  instance,  the  following: — (podiatrist),  —  so  as  to 
read  as  follows:  —  Section  14-  No  person  shall  practice  or  certain 
attempt  to  practice  chiropody  (podiatry)  in  the  common-  habited?" 
wealth,  or  hold  himself  out  as  a  chiropodist  (podiatrist),  or 
designate  himself,  or  describe  his  occupation,  by  the  use  of 
any  words  or  letters  calculated  to  lead  others  to  believe  that 
he  is  a  registered  chiropodist  (podiatrist),  unless  he  is  regis- 
tered as  provided  in  section  sixteen. 

Section  4.     Section  fifteen  of  said  chapter  one  hundred  Si^|52"' 
and  twelve,  as  so  appearing,  is  hereby  amended  by  inserting  §  I's,'  amended, 
after  the  word  "board"  in  the  first  line  the  words:  —  of 
registration  in  chiropody  (podiatry),  in  sections  sixteen  to 
twenty-two,  inclusive,  called  the  board,  —  so  as  to  read  as 
follows:  —  Section  15.     The  board  of  registration  in  chirop-  Board  to 
ody  (podiatry),  in  sections  sixteen  to  twenty-two,  inclusive,  dLXbut^"^ 
called  the  board,  shall  prepare  and  distribute  forms  of  appli-  fo^ms,  etc. 
cations  for  registration,  certificates  of  registration  and  such 
other  documents  as  may  be  necessary  or  convenient  in  carry- 
ing out  sections  thirteen  to  twenty-three,  inclusive.    It  shall 
hold  at  least  two  examinations  annually,  at  times  and  places 
to  be  designated  by  it,  after  due  notice  of  the  same  by  pub- 
lication at  least  twice  a  week  for  three  successive  weeks  in 
one  or  more  newspapers  published  in  the  county  where  the 
examination  is  to  be  held,  and  it  may  hold  other  examina- 
tions as  it  deems  necessary  or  proper. 

Section  5.  Said  chapter  one  hundred  and  twelve  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  sixteen,  as  so  fie.'iint'nded. 
appearing,  and  inserting  in  place  thereof  the  following:  — 
Section  16.  Applications  for  registration,  signed  and  sworn  Applications 
to  by  the  applicant,  shall  be  made  upon  blanks  furnished  ^°'"  registration. 
by  the  board.  If  an  applicant  furnishes  the  board  with 
satisfactory  proof  that  he  is  twenty-one  and  of  good  moral 
character,  and  that  he  has  been  graduated  from  a  school  of 
chiropody  (podiatry)  approved  by  the  board,  he  shall,  upon 
payment  of  fifteen  dollars,  be  examined  by  the  board  as  pro- 
vided in  the  following  section,  and,  if  found  qualified,  shall 
be  registered  and  shall  receive  a  certificate  as  a  registered 
chiropodist  (podiatrist),  signed  by  the  chairman  and  secre- 
tary of  the  board.  An  applicant  failing  to  pass  an  examina- 
tion satisfactory  to  the  board  shall,  within  one  year,  if  not 
disqualified  under  sections  eighteen  and  nineteen,  be  entitled 
to  a  re-examination  upon  payment  of  two  dollars,  and,  in 
case  of  failure  to  pass  that  examination,  shall  within  one 
year,  if  not  disqualified  as  aforesaid,  be  entitled  to  a  third 
examination  upon  payment  of  two  dollars;  but  two  such 
examinations  shall  exhaust  his  privilege  under  his  original 
application.  But  no  such  applicant  shall  be  registered  unless 
he  obtains  a  general  average  of  seventy-five  per  cent  in  the 
various  subjects  in  which  he  is  examined  and  not  less  than 
fifty  per  cent  in  any  subject.     Every  such  certificate  shall  ^^'.'[gcate^i 


546 


Acts,  1937.  —  Chap.  425. 


Inspection 
of  schools, 
etc. 


G.  L.  (Ter. 
Ed.),  112,  §  17, 
amended. 

Examina- 
tions. 


G.  L.  (Ter. 
Ed.),  112, 
new  section 
17A,  added. 

Records. 


expire  on  the  last  day  of  the  year  when  it  was  granted,  but 
upon  payment  of  two  dollars  shall  be  renewed  by  the  board 
for  each  subsequent  year  without  examination. 

Any  applicant  aggrieved  by  the  refusal  of  the  board  to 
approve  a  chiropody  (podiatry)  school  under  this  section 
shall  be  entitled  to  have  the  reasonableness  of  such  refusal 
reviewed  by  a  justice  of  the  superior  court  whose  decision 
shall  be  final. 

The  board  shall,  upon  the  request  of  any  college,  university 
or  chiropody  (podiatry)  school  in  this  commonwealth,  inspect 
such  college,  university  or  chiropody  (podiatry)  school  and 
notify  the  trustees  or  other  governing  body  in  writing  if  said 
college,  university  or  chiropody  (podiatry)  school  is  approved 
by  the  board  for  the  purposes  of  this  section,  or,  if  not,  what 
steps  said  college,  university  or  chiropody  (podiatry)  school 
must  take  in  order  to  gain  the  approval  of  the  board. 

Any  college,  university  or  chiropody  (podiatry)  school 
desiring  to  be  approved  for  the  purposes  of  this  section  may 
file  with  the  board  a  written  request  for  the  approval  of  such 
college,  university  or  chiropody  (podiatry)  school  and  there- 
upon a  public  hearing  shall  be  seasonably  granted  by  the 
board  and  a  written  decision  made  by  it  within  twenty  days 
after  the  termination  of  such  hearing  and  the  applicant  for 
such  approval  shall  be  notified  of  such  decision.  A  written 
decision  of  the  board  refusing  to  approve  any  college,  uni- 
versity or  chiropody  (podiatry)  school  shall  not  become  effec- 
tive until  thirty  days  after  written  notice  of  such  decision 
is  given  to  the  college,  university  or  chiropody  (podiatry) 
school  seeking  such  approval.  Every  such  college,  university 
or  chiropody  (podiatry)  school  aggrieved  by  such  refusal  shall 
have  the  right  to  file  a  petition  in  the  superior  court  for 
Suffolk  county  to  revise  or  reverse  the  decision  of  the  board. 
Notice  of  the  entry  of  such  petition  shall  be  given  to  the 
board  and  all  proceedings  connected  therewith  shall  be  ac- 
cording to  rules  regulating  the  trial  of  civil  causes  without 
juries.  The  court  shall  hear  the  case  and  finally  determine 
whether  or  not  such  approval  shall  be  granted  or  revised. 

If  such  a  petition  is  so  filed  within  the  aforesaid  period  of 
thirty  days  said  decision  of  the  board  shall  not  become  effec- 
tive unless  and  until  a  final  decree  affirming  said  decision  is 
entered  upon  the  aforesaid  petition. 

Section  6.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  seventeen, 
as  so  appearing,  and  inserting  in  place  thereof  the  following: 
—  Section  17.  Examinations  shall  be  in  English  and  shall 
be  wholly  or  partly  written,  oral  or  clinical,  as  the  board  may 
determine,  and  shall  include,  and  be  limited  to,  subjects 
taught  in  recognized  schools  of  chiropody  (podiatry). 

Section  7.  Said  chapter  one  hundred  and  twelve  is 
herebj^  further  amended  by  inserting  after  section  seventeen, 
as  so  appearing,  the  following  new  section:  —  Section  17 A. 
The  board  shall  keep  a  full  record  of  its  proceedings  and  a 
registry  of  all  persons  registered  b}^  it,  which  shall  be  public 


Acts,  1937.  —  Chap.  425.  547 

records  and  open  to  inspection.  The  board  shall  make  such 
rules  and  regulations  as  may  be  necessary  for  the  proper 
conduct  of  its  duties.  It  shall  make  an  annual  report,  in- 
cluding a  statement  of  the  condition  of  chiropody  (podiatry) 
in  the  commonwealth. 

The  board  shall  investigate  all  complaints  of  the  violation 
of  any  provision  of  sections  thirteen  to  twenty-two,  inclusive, 
or  of  section  sixty-five  relative  to  chiropody  (podiatry),  and 
report  the  same  to  the  proper  prosecuting  officers. 

Section  8.    Section  eighteen  of  said  chapter  one  hundred  g.  l.  (Ter. 
and  twelve,  as  so  appearing,  is  hereby  amended  by  inserting  amended.'       ' 
after  the  word  "chiropody"  in  the  eighth  line  the  word:  — 
(podiatry),  —  so  as  to  read  as  follows:  —  Section  18.     The  Revocation  of 
board  shall  refuse  to  issue  a  certificate  to  a  person,  or  may,  certificates. 
after  a  hearing  if  requested  by  a  person  to  whom  a  cer- 
tificate  has  been  issued,  revoke  such  certificate  if,  in  the 
opinion  of  the  board,  such  person  is  intemperate  in  the  use 
of  alcoholic  liquors  or  narcotic  drugs,  or  has  been  guilty  of 
misconduct  involving  moral  turpitude,   or  has  been   con- 
victed  of   an   offence   involving   moral   turpitude,    or   has 
violated  any  provision  of  sections  thirteen  to  twenty-three, 
inclusive,    or    of   section    sixty-five    relative    to    chiropody 
(podiatry),  or  has  been  guilty  of  unprofessional  conduct, 
or  is  in  any  other  manner  disqualified  morally,  mentally  or 
physically  to  receive  or  hold  such  certificate,  or  has  in  his 
application  therefor  knowingly  made  any  false  statements 
or  presented  to  the  board  a  fraudulent  diploma,  certificate 
or  other  document. 

Section  9.    Section  nineteen  of  said  chapter  one  hundred  g.  l.  (Tor 
and  twelve,  as  so  appearing,  is  hereby  amended  by  inserting  amended."       ' 
after  the  word  "chiropodist"  in  the  third  line  the  following: 
—  (podiatrist),  —  and  by  inserting  after  the  word   "pur- 
poses" in  the  seventh  line  the  words: —  ;    {d)  the  inclusion 
of  any  fraudulent,  misleading  or  deceptive  statement  in  any 
form  of  advertising,  or  advertising  fixed  prices  for  profes- 
sional services,  —  so  as  to  read  as  follows:  —  Section  19.  "Unprofcs- 
" Unprofessional  conduct",  as  used  in  the  preceding  section,  co°nd*ilcf, 
shall  include:   (a)  the  wilful  betrayal  of  a  professional  secret;  defined. 
(6)  lending  the  use  of  one's  name  to  an  unregistered  chiropo- 
dist (podiatrist),  or  having  professional  connection  with  such 
a  person  or  with  any  one  convicted  of  any  offence  involving 
moral  turpitude;    (c)  the  selling  or  giving  of  any  substance 
or  compound  containing  alcohol  or  narcotic  drugs  for  other 
than  legal  purposes;    {d)  the  inclusion  of  an}'-  fraudulent, 
misleading  or  deceptive  statement  in  any  form  of  advertis- 
ing, or  advertising  fixed  prices  for  professional  services. 

Section  10.    Section  twenty  of  said  chapter  one  hundred  Sj^-iT'^^s 
and  twelve,  as  so  appearing,  is  hereby  amended  by  striking  amended.'    ^  ' 
out  in  the  second  line  the  word  "less"  and  inserting  in  place 
thereof  the  word :  —  more,  —  so  as  to  read  as  follows :  — 
Section  20.    The  board,  after  a  hearing  if  requested  by  the  suspension 
person  registered,  may  suspend  any  certificate  for  not  more  cltc"*^'*^' 
than  six  months  because  of  any  misconduct  on  the  part  of 


548 


Acts,  1937.  —  Chap.  425. 


G.  L.  (Ter. 
Ed.).  112,  §  21, 
amended. 


Local 
registrations. 


G.  L.  (Ter. 
Ed.),  112,  §  5, 
amended. 

Investigation 
of  complaints. 


G.  L.  (Ter. 
Ed.),  13,  §  12, 
and  G.  L. 
(Ter.  Ed.), 
112,  §  23, 
repealed. 

Temporary 
provisions. 


Effective 
date. 


the  person  registered  which  would  not,  in  its  opinion,  justify 
the  revocation  thereof. 

Section  11.  Section  twenty-one  of  said  chapter  one  hun- 
dred and  twelve,  as  so  appearing,  is  hereby  amended  by 
inserting  after  the  word  "chiropody"  in  the  second  line  the 
word: — (podiatry),  —  so  as  to  read  as  follows:  —  Section 
21.  Every  person  registered  under  section  sixteen  shall, 
before  entering  upon  the  practice  of  chiropody  (podiatry), 
submit  his  certificate  of  registration  to  the  clerk  of  the  town 
where  he  proposes  to  practice,  and  shall  inform  the  clerk 
that  he  is  the  person  designated  therein,  and  shall  pay  him 
fifty  cents.  Thereupon,  the  clerk  shall  record  his  name  and 
address  and  the  date  and  number  of  his  certificate,  and  the 
said  record  shall  be  open  to  public  inspection,  and  the  clerk 
shall  furnish  a  copy  thereof  to  the  board  within  one  week. 

Section  12.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  five,  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following :  —  Section  5.  The  board  shall  investi- 
gate all  complaints  of  the  violation  of  any  provision  of  sec- 
tions two  to  twelve  A,  inclusive,  or  of  section  sixty-five, 
so  far  as  it  relates  to  medicine,  and  report  the  same  to  the 
proper  prosecuting  officers. 

Section  13.  Section  twelve  of  chapter  thirteen  of  the 
General  Laws,  as  so  appearing,  and  section  twenty-three 
of  said  chapter  one  hundred  and  twelve,  as  so  appearing,  are 
hereby  repealed. 

Section  14.  In  the  month  of  September  in  the  current 
year,  the  governor,  with  the  advice  and  consent  of  the 
council,  shall  appoint  five  persons  to  serve  as  the  board  of 
registration  in  chiropody  (podiatry),  hereinbefore  estab- 
lished, of  whom  one  shall  serve  for  one  year,  one  for  two 
years,  one  for  three  years,  one  for  four  years  and  one  for 
five  years,  as  the  governor  may  designate,  from  the  first  day 
of  October  next  following.  Upon  the  expiration  of  the  term 
of  a  member  his  successor  shall  be  appointed  as  hereinbefore 
provided. 

Section  15.  Section  fourteen  of  this  act  shall  take  effect 
on  September  first  of  the  current  year,  and  all  other  pro- 
visions thereof  shall  take  effect  upon  the  appointment  and 
qualification  of  the  initial  members  of  said  board,  as  pro- 
vided in  said  section  fourteen.  Upon  the  appointment  and 
qualification  of  the  initial  members  of  said  board,  the  board 
of  registration  in  medicine  shall  forthwith  turn  over  to  the 
board  of  registration  in  chiropody  (podiatry),  hereinbefore 
established,  all  books  and  records  and  documents  in  its  pos- 
session which  relate  to  the  practice  of  chiropody  (podiatry). 

Approved  May  29,  1937. 


Acts,  1937. —Chap.  426.  549 


An  Act  further  regulating  appropriations  for  the  use  Qhav  426 

OF  THE  DEPARTMENT  OF  CONSERVATION.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  twenty-nine  of  the  o.  l.  (Ter. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is  amended.^  ^' 
hereby  amended  by  inserting  after  the  word  "therefor"  in 
the  twentieth  hne  the  following: — The  budget  shall  in- 
clude a  sum,  equal  at  least  to  the  total  amount  received  by 
the  division  of  fisheries  and  game  of  the  department  of  con- 
servation during  the  preceding  fiscal  year  of  the  common- 
wealth from  license  and  other  fees  and  fines  under  the  laws 
relating  to  game  and  inland  fisheries,  and  also  a  sum  equal 
to  one  half  of  the  amount  necessary  for  payment  for  per- 
sonal services  and  other  expenses  for  or  on  account  of  the 
enforcement  of  said  laws;  and  said  sums  shall  be  appro- 
priated for  the  general  purposes  of  said  division  of  fisheries 
and  game,  not  including  any  services  or  expenses  in  any 
way  relating  to  marine  fisheries,  —  so  as  to  read  as  follows : 
—  Section  6.  The  budget  commissioner  shall  study  and  re-  Budget. 
view  all  estimates  and  requests  for  appropriations  and  other 
authorizations  for  expenditures  of  state  funds  filed  with  him 
as  provided  by  sections  three  and  four,  and  shall  make  such 
investigations  as  will  enable  him  to  prepare  a  budget  for  the 
governor,  setting  forth  such  recommendations  as  the  gov- 
ernor shall  determine  upon.  The  governor  may  call  upon 
the  comptroller  for  information  relative  to  finances  and  for 
assistance  in  the  preparation  of  the  budget.  The  budget 
shall  be  submitted  by  the  governor  to  the  general  court  an- 
nually within  three  weeks  after  the  general  court  convenes, 
and  it  shall  embody  all  estimates,  requests  and  recommenda- 
tions for  appropriations  or  other  authorizations  for  expendi- 
tures by  the  commonwealth.  The  budget  shall  be  classified 
and  designated  so  as  to  show  separately  estimates  and  recom- 
mendations for:  (a)  expenses  of  administration,  operation 
and  maintenance;  (6)  deficiencies  or  overdrafts  in  appro- 
priations of  former  years;  (c)  new  construction,  additions, 
improvements  and  other  capital  outlay;  (d)  interest  on  the 
public  debt  and  sinking  fund  and  serial  bond  requirements; 
and  (e)  all  requests  and  proposals,  for  expenditures  for  new 
projects  and  other  undertakings;  and  shall  include  in  detail 
definite  recommendations  of  the  governor  relative  to  the 
amounts  which  should  be  appropriated  therefor.  The 
budget  shall  include  a  sum,  equal  at  least  to  the  total  amount 
received  by  the  division  of  fisheries  and  game  of  the  depart- 
ment of  conservation  during  the  preceding  fiscal  year  of  the 
commonwealth  from  license  and  other  fees  and  fines  under 
the  laws  relating  to  game  and  inland  fisheries,  and  also  a 
sum  equal  to  one  half  of  the  amount  necessary  for  payment 
for  personal  services  and  other  expenses  for  or  on  account 
of  the  enforcement  of  said  laws;  and  said  sums  shall  be 
appropriated  for  the  general  purposes  of  said  division  of 


550 


Acts,  1937. —Chap.  427. 


Effective 
date. 


fisheries  and  game,  not  including  any  services  or  expenses 
in  any  way  relating  to  marine  fisheries.  The  budget  shall 
also  include  definite  recommendations  of  the  governor  for 
financing  the  expenditures  recommended,  and  the  relative 
amounts  to  be  raised  from  ordinary  revenue,  direct  taxes 
or  loans.  All  appropriations  based  upon  the  budget  to  be 
paid  from  taxes  or  revenue  shall  be  incorporated  in  a  single 
bill  to  be  designated  the  general  appropriation  bill.  With 
the  budget  the  governor  shall  submit  to  the  general  court 
such  messages,  statements  or  supplemental  data  relative 
thereto  as  he  deems  expedient,  and  from  time  to  time  during 
the  session  of  the  general  court  he  may  submit  supplemental 
messages  on  recommendations  relative  to  appropriations, 
revenues  and  loans. 

Section  2.  This  act  shall  take  effect  for  the  purposes  of 
the  budget  for  the  fiscal  year  nineteen  hundred  and  thirty- 
eight  and  thereafter.  Approved  May  29,  1937. 


Chap .^21  An  Act  establishing  the  Massachusetts  development 

AND  INDUSTRIAL  COMMISSION  FOR  THE  PROMOTION  AND 
DEVELOPMENT  OF  THE  INDUSTRIAL,  AGRICULTURAL  AND 
RECREATIONAL  RESOURCES   OF  THE   COMMONWEALTH. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  23,  new 
sections  IIB- 
IID,  added. 


The  Massa- 
chusetts De- 
velopment 
and  Industrial 
Commission, 
appointment, 
etc. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  twenty-three  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  eleven  A,  inserted  by 
section  three  of  chapter  three  hundred  and  thirty-one  of  the 
acts  of  nineteen  hundred  and  thirty-four,  under  the  caption 

"the  MASSACHUSETTS  DEVELOPMENT  AND  INDUSTRIAL  COM- 
MISSION", the  following  three  new  sections: —  Section  IIB. 
There  shall  be  in  the  department  a  commission  for  the  pro- 
motion and  development  of  the  industrial,  agricultural  and 
recreational  resources  of  the  commonwealth,  to  be  known 
as  the  Massachusetts  development  and  industrial  commis- 
sion, in  this  and  the  two  following  sections  called  the  com- 
mission. The  commission  shall  consist  of  the  commissioner 
of  labor  and  industries  and  the  commissioner  of  agriculture, 
ex  officiis,  and  five  unpaid  members  appointed  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  council,  who  shall 
be  designated  in  their  initial  appointments  to  serve  respec- 
tively for  one,  two,  three,  four  and  five  years.  The  commis- 
sion shall  annually  choose  one  of  its  members  as  chairman. 
One  of  the  members  appointed  by  the  governor  as  aforesaid 
shall  always  be  a  representative  of  labor.  Upon  the  expira- 
tion of  the  term  of  office  of  an  appointive  member,  a  succes- 
sor shall  be  appointed  in  the  manner  aforesaid  for  five  years. 
The  commission  shall  meet  at  least  twice  a  month  and  at 
such  other  times  as  it  shall  determine  by  its  rules.     The 


Acts,  1937. —Chap.  428.  551 

members  shall  receive   their  necessary  traveling  expenses 
while  in  the  performance  of  their  official  duties. 

Section  IIC.  Subject  to  the  approval  of  the  governor  secretary 
and  council,  the  commission  may  appoint  and  fix  the  com-  '^"'^  employees, 
pensation  of  a  secretary  and  such  experts  as  it  may  require 
and  may  remove  them  with  like  approval.  It  may  also  em- 
ploy such  other  necessary  clerks  and  employees  as  it  may 
require  and  fix  their  compensation.  Authorized  represent- 
atives of  the  commission  may  travel  outside  the  common- 
wealth for  the  purpose  of  carrying  out  the  provisions  of 
section  eleven  D. 

Section  IID.  The  commission  may  conduct  researches  Researches, 
into  industrial  and  agricultural  conditions  within  the  com-  ^^'^■ 
monwealth,  and  shall  seek  to  co-ordinate  the  activities  of 
unofficial  bodies  organized  for  the  promotion  of  the  indus- 
trial, agricultural  and  recreational  interests  in  the  common- 
wealth, and  may  advertise,  prepare,  print  and  distribute 
books,  maps,  charts  and  pamphlets  which  in  its  judgment 
will  further  the  purpose  for  which  it  is  created,  and,  on 
behalf  of  the  commonwealth,  may  accept  contributions,  and, 
subject  to  the  approval  of  the  governor  and  council,  may 
expend  the  same  and  may  contribute  to  the  New  England 
Council  such  sum  or  sums  as  the  governor,  with  the  advice 
and  consent  of  the  council,  may  approve  for  the  purpose  of 
furthering  the  recreational  advantages  of  the  New  England 
states,  and  also  may  expend  such  sums  as  may  be  appro- 
priated by  the  general  court  to  carry  out  the  purpose  of  this 
and  the  two  preceding  sections.      Approved  May  29,  1937. 

An  Act  further  defining  the  poW'Ers  and  duties  of  the  (Jhny  AOR 

MILK    control   board. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  p''^^'"'^'^- 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  three  hundred  and 
seventy-six  of  the  acts  of  nineteen  hundred  and  thirty-four 
is  hereby  amended  by  striking  out  the  paragraph  containing 
the  definition  of  "Store"  and  inserting  in  place  thereof  the 
following :  — 

"Store"  includes  a  grocery  store,  dairy  products  store  or 
any  similar  mercantile  establishment  at  which  milk  is  sold 
for  consumption  off  the  premises. 

Section  2.  Said  chapter  three  hundred  and  seventy-six 
is  hereby  further  amended  by  striking  out  section  eleven 
and  inserting  in  place  thereof  the  following:  —  Section  11. 
Whoever  violates  any  provision  of  this  act  or  of  any  rule, 
regulation  or  order  of  the  board  lawfully  made  thereunder, 
except  as  herein  otherwise  expressly  provided,  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars  or 


552  Acts,  1937. —Chap.  428. 

by  imprisonment  for  not  more  than  one  year,  or  both,  and 
such  fine  may  be  imposed  for  each  day  during  which  such 
violation  shall  continue.  A  violation  of  any  provision  of  this 
act  may  be  reported  to  the  board  by  any  person  and  every 
such  complaint  shall  be  acted  upon  by  the  board,  which  may 
institute  such  action  at  law  or  in  equity  as  may  be  necessary 
to  enforce  compliance  with  any  provision  of  this  act  or  any 
rule,  regulation  or  order  of  the  board  made  thereunder,  and, 
in  addition  to  any  other  remedy,  may  seek  relief  by  injunc- 
tion, if  in  the  opinion  of  the  board  necessary  to  protect  the 
public  interest,  without  being  compelled  to  allege  or  prove 
that  an  adequate  remedy  at  law  does  not  exist. 

Section  3.  Section  twelve  of  said  chapter  three  hundred 
and  seventy-six  is  hereby  amended  by  striking  out  the  last 
sentence  of  paragraph  (A),  including  the  paragraphs  in  said 
sentence  numbered  (1)  and  (2)  and  inserting  in  place  thereof 
the  following:  —  The  board,  provided  it  shall  first  determine 
that  such  action  will  not  adversely  affect  market  conditions 
relative  to  milk,  may  by  its  order  exempt  from  the  operation 
of  all  or  any  portion  of  this  act  any  milk  dealer  who  purchases 
milk  from  a  licensed  milk  dealer  or  dealers,  and  whose  only 
sales  of  milk  are  at  a  store  or  stores. 

Section  4.  Said  section  twelve  of  said  chapter  three 
hundred  and  seventy-six  is  hereby  further  amended  by  strik- 
ing out  paragraph  (D)  and  inserting  in  place  thereof  the 
following  paragraph :  — 

(D)  The  board  may  decline  to  grant  or  renew  a  license 
or  may  suspend  or  revoke  a  license  already  granted  or  may 
grant  conditional  or  temporary  licenses,  upon  due  notice 
and  opportunity  of  hearing  to  the  applicant  or  licensee; 
except  that  the  board  may  decline  to  grant  or  renew  a  license, 
without  opportunity  of  hearing  to  the  applicant  or  licensee, 
upon  due  notice,  where  the  license  of  the  applicant  has  been 
refused  or  revoked  for  cause  within  the  next  preceding  license 
year.  The  board  may  decline  to  grant  or  renew  a  license  or 
may  suspend  or  revoke  a  license  already  granted,  upon  due 
notice  and  opportunity  of  hearing  to  the  applicant  or  licensee, 
when  it  is  satisfied  of  the  existence  of  any  of  the  following 
reasons :  — 

(1)  That  he  has  without  reasonable  cause  refused  to 
accept  or  refused  to  pay  for  milk  purchased  by  him  from  a 
producer,  or  has  without  reasonable  cause  or  reasonable 
advance  notice  refused  to  accept  or  refused  to  pay  for  milk 
delivered  to  him  by  or  on  behalf  of  a  producer  in  ordinary 
continuance  of  a  previous  course  of  dealing,  except  where  the 
contract  has  been  lawfully  terminated; 

(2)  That  in  any  instance  he  has  failed  without  reasonable 
cause  to  account  and  make  payment  for  milk  purchased  by 
him; 

(3)  That  he  has  committed  any  act  or  engaged  in  any 
course  of  conduct  tending  to  reduce  the  price  of  pure  milk 
to  such  an  extent  as  to  interfere  with  the  supply  thereof 
produced  in  the  commonwealth,  which  supply  is  hereby 


Acts,  1937.  —  Chap.  428.  553 

declared  to  be  necessary  for  the  public  health,  public  welfare 
and  trade  and  commerce; 

(4)  That  he  has  engaged  in  a  course  of  action  which,  in  the 
opinion  of  the  board,  indicates  his  inability  or  unwillingness 
properly  to  conduct  the  business  of  a  milk  dealer; 

(5)  That  he  has  been,  or  is,  a  party  to  a  combination  to 
fix  or  maintain  prices  contrary  to  any  provision  of  this  act; 

(6)  That  he  has  engaged  in  a  course  of  action  such  as  to 
satisfy  the  board  of  an  intent  on  his  part  to  deceive  or  defraud 
customers,  producers  or  consumers; 

(7)  That  he  has  failed  to  keep  records,  or  has  failed  to  fur- 
nish the  statements  or  information  required  by  the  board 
under  any  provision  of  this  act ; 

(8)  That  any  statement  made  by  him  in  reliance  upon 
which,  to  any  degree,  his  license  as  a  milk  dealer  was  granted, 
has  been  found  to  have  been  false  or  fraudulent  in  any  ma- 
terial particular; 

(9)  That  such  applicant  or  milk  dealer,  or,  in  the  event 
that  such  applicant  or  milk  dealer  is  a  partnership  or  corpora- 
tion, that  any  person  owning  any  substantial  interest,  or 
having  any  power  or  control,  in  such  partnership  or  corpo- 
ration, has  within  three  years  been  responsible,  in  whole  or 
in  part,  for  any  act  on  account  of  which  a  license  might  be 
denied,  suspended  or  revoked  pursuant  to  any  provision  of 
this  act; 

(10)  That  the  bond  or  other  evidence  of  financial  responsi- 
bility required  of  an  applicant  is  unsatisfactory  to  the  board; 

(11)  That  he  knowingly  purchased,  processed  or  handled 
milk  for  sale  within  the  commonwealth  obtained  from  a 
dairy  farm  or  dealer  not  registered  under  sections  sixteen  A 
to  sixteen  G  inclusive,  of  chapter  ninety-four  of  the  General 
Laws  or  from  a  dealer  not  licensed  under  section  forty-one 
of  said  chapter  or  sold  to  or  processed  or  handled  for  a  dealer 
not  so  registered  or  not  so  licensed ; 

(12)  That  he  knowingly  purchased,  processed  or  handled 
milk  for  sale  within  the  commonwealth  in  violation  of  any 
of  the  applicable  laws,  or  of  the  rules  and  regulations  or  re- 
quirements of  the  board  or  of  the  local  board  of  health;  or 

(13)  That  he  has  violated  any  provision  of  this  act  or  any 
rule,  regulation  or  order  of  the  board  made  under  authority 
thereof. 

Section  5.  Said  section  twelve  of  said  chapter  three 
hundred  and  seventy-six  is  hereby  further  amended  by  strik- 
ing out  paragraph  (F)  and  inserting  in  place  thereof  the  two 
following  new  paragraphs :  — 

(F)  The  supreme  judicial  court,  upon  petition  of  an  appli- 
cant or  licensee  aggrieved  by  any  decision  of  the  board,  filed 
within  twenty  days  after  such  decision,  may  revise  or  reverse 
such  decision  if  satisfied  that  the  same  was  clearly  wrong; 
but  prior  to  the  entry  of  a  decree  of  revision  or  reversal  no 
order  shall  be  made  by  the  court  to  stay  or  supersede  any 
revocation  or  cancellation  of  any  license  unless  it  shall  be 
made  to  appear  to  the  court  that  such  license  was  revoked 


554  Acts,  1937.  —  Chap.  428. 

only  upon  one  or  both  of  the  following  grounds,  viz.:  — 
failure  of  a  milk  dealer  to  make  payments  under  section 
thirteen  or  failure  of  such  a  dealer  to  furnish  statements  or 
information  required  by  the  board. 

(G)  Any  licensee  whose  license  has  been  revoked  or  can- 
celled shall  upon  notice  thereof  forthwith  deliver  and  return 
said  license  to  any  member  of  the  board,  or  to  any  authorized 
representative  of  the  board  or  to  the  administrator  or  at  the 
offices  of  the  board. 

Section  6.  Said  chapter  three  hundred  and  seventy-six 
is  hereby  further  amended  by  striking  out  section  thirteen 
and  inserting  in  place  thereof  the  following:  —  Section  13. 
Each  milk  dealer  licensed  under  this  act  shall  annually  pay  a 
license  fee,  in  an  amount  to  be  determined  by  the  board,  but 
not  more  than  five  dollars,  and  each  such  milk  dealer,  other 
than  one  who  is  also  a  producer,  selling  to  consumers  not 
more  than  fifty  quarts  of  milk  daily,  shall,  on  or  before  the 
tenth  day  of  each  month,  pay  to  the  board,  for  the  month 
immediately  preceding,  such  an  amount,  equivalent  to  not 
more  than  two  cents  per  hundred  weight  of  the  milk  dis- 
tributed or  sold  by  him  during  such  month  in  any  market  or 
markets  subject  to  this  act,  irrespective  of  where  such  milk 
was  produced,  as  the  board  deems  equitable  for  such  market 
or  markets.  One  half  of  any  such  payment  by  any  milk 
dealer  may  be  deducted  rateably  by  him  from  amounts  due 
from  him  to  producers  for  such  milk.  In  case  the  same  milk 
is  handled  by  more  than  one  milk  dealer,  the  first  milk  dealer 
within  the  commonwealth,  dealing  in,  or  otherwise  handling 
said  milk  in  any  manner  described  under  the  definition  of 
"milk  dealer"  in  section  three,  shall  be  deemed  to  be  the  milk 
dealer  within  the  meaning  of  this  section.  This  section  shall 
be  construed  as  applying  to  sales  organizations,  co-operative 
agents,  producers  and  milk  dealers  for  the  handling  or  dis- 
tributing of  milk  in  any  form,  it  being  intended  that,  regard- 
less of  any  circumstance,  where  milk  is  first  received,  or  is 
first  sold,  or  is  first  handled  in  any  form,  within  the  common- 
wealth, the  person  so  handling  other  than  a  common  carrier 
or  contract  carrier  who  performs  no  act  other  than  the  trans- 
portation and  movement  of  said  milk  shall  be  deemed  to  be 
the  first  milk  dealer. 

Section  7.  Said  chapter  three  hundred  and  seventy-six 
is  hereby  further  amended  by  striking  out  section  fourteen 
and  inserting  in  place  thereof  the  following:  —  Section  14- 
(A)  Licensees,  their  affiliates  and  subsidiaries,  shall  sever- 
ally, from  time  to  time,  furnish  to  the  board  such  information 
as  it  may  request,  upon  and  in  conformity  to  forms  of  reports 
to  be  supplied  by  the  board,  for  the  purpose  of  enabling  the 
board  to  ascertain  and  determine  the  extent  to  which  this 
act  and  the  orders,  rules  and  regulations  made  by  the  board 
thereunder  are  being  obeyed,  and  the  purposes  thereof  carried 
out.  All  such  reports  shall  be  verified  by  the  informant  by 
oath  or  by  written  declaration  that  they  are  made  under  the 
penalties  of  perjury. 


Acts,  1937.  —  Chap.  428.  555 

(B)  No  milk  dealer  shall  discriminate  by  selling  or  offer- 
ing to  sell  milk  to  certain  purchasers  at  a  price  lower  than 
that  for  which  milk  is  sold  or  offered  for  sale  to  other  pur- 
chasers purchasing  on  a  similar  basis  as  to  grade,  quality  and 
quantity,  in  any  market  established  by  the  board,  for  the 
purpose  of  destroying  competition  of  any  regularly  established 
milk  dealer,  or  preventing  the  competition  of  any  person, 
firm  or  corporation,  who  or  which  in  good  faith  intends  and 
attempts  to  become  a  milk  dealer. 

(C)  The  prohibition  against  locality  discrimination  con- 
tained in  the  preceding  paragraph  shall  be  deemed  to  include 
and  prohibit  any  scheme  of  rebates,  refunds,  commissions 
or  discounts,  whether  in  the  form  of  money  or  otherwise,  or 
in  the  form  of  extending  to  certain  purchasers  special  services 
or  privileges  not  extended  to  all  other  purchasers. 

(D)  Any  person  who,  either  as  director,  officer,  agent  or 
servant  of  any  person,  firm  or  corporation  engaged  in  the 
business  of  a  milk  dealer,  assists  or  aids,  directly  or  indirectly, 
in  any  violation  of  paragraph  (B)  or  paragraph  (C)  of  this 
section  shall  be  equally  guilty  with  the  person,  firm  or  cor- 
poration for  whom  or  which  he  so  acts. 

(E)  Any  person,  firm  or  corporation,  whether  as  prin- 
cipal, agent  or  servant,  violating  any  provision  of  said  para- 
graph (B)  or  said  paragraph  (C)  shall  be  punished  by  a  fine 
of  not  less  than  fifty  nor  more  than  two  hundred  dollars. 

Section  8.  Said  chapter  three  hundred  and  seventy-six 
is  hereby  further  amended  by  striking  out  section  sixteen  and 
inserting  in  place  thereof  the  following:  —  Section  16.  (A) 
No  sale  of  milk  by  a  co-operative  association,  corporation 
or  sales  agency  to  a  milk  dealer  in  any  marketing  area  shall 
be  made  at  less  than  the  applicable  minimum  prices,  terms 
and  conditions  of  sale  as  set  forth  in  the  orders  of  the  board 
for  milk  bought  directly  from  producers  who  are  non-mem- 
bers of  a  co-operative  association,  corporation  or  sales  agency. 

(B)  When  the  net  return  to  be  made  for  milk  by  a  co- 
operative association,  corporation  or  sales  agency  to  its  mem- 
bers is  below  the  net  applicable  return  for  milk  as  fixed 
by  the  orders  of  the  board  for  a  non-member  of  a  co-operative 
association,  corporation  or  sales  agency,  said  co-operative 
association,  corporation  or  sales  agency  shall  submit  in  writ- 
ing to  the  board  a  full  and  complete  statement  in  detail, 
setting  forth  the  amount  of  the  deductions  which  have  been 
made  from  the  fixed  minimum  prices  of  the  board  and,  in 
addition,  a  detailed  statement  of  such  deductions  shall  ac- 
company every  such  payment  to  the  member. 

Section  9.  Section  seventeen  of  said  chapter  three  hun- 
dred and  seventy-six  is  hereby  amended  by  striking  out,  in 
the  fifth  line,  the  word  "current"  and  inserting  in  place 
thereof  the  word:  —  concurrent, — so  as  to  read  as  follows:  — 
Section  17.  The  board  may  confer  with  legally  constituted 
authorities  of  other  states  and  of  the  United  States  with 
respect  to  uniform  milk  control  within  the  several  states 
and  among  such  states;    may  conduct  joint  investigations, 


556 


Acts,  1937.  —  Chap.  429. 


hold  joint  hearings  and  issue  joint  or  concurrent  orders;  and 
may  enter  into  one  or  more  compacts  for  such  uniform  milk 
control,  subject  to  such  federal  approval  as  may  be  authorized 
or  required  by  law. 

Section  10.  Said  chapter  three  hundred  and  seventy- 
six  is  hereby  further  amended  by  striking  out  section  twenty. 

Section  11.  Notwithstanding  any  provision  of  this  act, 
the  superior  court  shall  retain  jurisdiction  of  all  appeals, 
pending  therein  on  the  effective  date  of  this  act,  under  the 
provisions  of  paragraph  (F)  of  section  twelve  of  said  chapter 
three  hundred  and  seventy-six,  as  in  effect  immediately 
prior  to  said  date.  Approved  May  29,  1937. 


ChapA29 

Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  149, 
§§  143-147A, 
stricken  out, 
and  §§143- 
147H,  inserted. 


Definitions. 


Manufacture 
of  certain 
goods,  etc., 
at  home, 
prohibited. 


An  Act  regulating  industrial  homework. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law  necessary  for  the  immediate  preservation 
of  the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-nine  of  the  General  Laws 
is  hereby  amended  by  striking  out  sections  one  hundred  and 
forty-three  to  one  hundred  and  forty-seven,  inclusive,  and 
the  heading  above  said  section  one  hundred  and  forty-three, 
all  as  appearing  in  the  Tercentenary  Edition,  and  section 
one  hundred  and  forty-seven  A,  as  inserted  by  chapter  two 
hundred  and  thirty-four  of  the  acts  of  nineteen  hundred 
and  thirty- two,  and  inserting  in  place  thereof,  under  the 
heading  industrial  homework,  the  following  thirteen  new 
sections :  —  Section  14-3.  The  following  words,  as  used  in  this 
section  and  in  sections  one  hundred  and  forty-four  to  one 
hundred  and  forty-seven  H,  inclusive,  unless  the  context 
otherwise  requires,  shall  have  the  following  meanings:  — 

''Emploj^er",  any  person  who,  directly  or  indirectly  or 
through  an  employee,  agent,  independent  contractor  or  any 
other  person,  delivers  to  another  person  any  materials  or 
articles  to  be  manufactured  in  a  home  and  thereafter  to  be 
returned  to  him  for  use  other  than  the  personal  use  of  him- 
self or  of  a  member  of  his  family. 

"Home",  any  room,  house,  apartment  or  other  premises, 
whichever  is  most  extensive,  used  in  whole  or  in  part  as  a 
place  of  dwelling. 

"Industrial  homework",  any  manufacture  in  a  home  of 
materials  or  articles  for  an  employer. 

The  verb  "to  manufacture",  as  used  in  its  different  moods 
and  tenses,  includes  to  prepare,  alter,  repair  or  finish  in 
whole  or  in  part. 

Section  144-  The  manufacture  of  any  of  the  following  by 
industrial  homework  shall  be  unlawful,  and  no  permit  issued 
under  section  one  hundred  and  forty-seven  or  certificate 
issued  under  section  one  hundred  and  forty-seven  A  shall 
be  deemed  to  authorize  such  manufacture  or  the  delivery 


Acts,  1937.  —  Chap.  429.  557 

of  materials  for  such  manufacture:  tobacco;  drugs  and 
poisons;  bandages  and  other  sanitary  goods;  explosives, 
fireworks  and  articles  of  like  character;  articles,  the  manu- 
facture of  which  by  industrial  homework  is  determined  by 
the  commissioner,  after  investigation  and  hearing  in  the 
manner  provided  by  sections  one  hundred  and  forty-five  and 
one  hundred  and  forty-six  to  be  injurious  to  the  health  or 
welfare  of  the  industrial  homeworkers  within  the  industry  or 
to  render  unduly  difficult  the  maintenance  of  existing  labor 
standards  or  the  enforcement  of  labor  standards  established 
by  law  or  regulation  for  factory  workers  in  the  industry. 

Section  145.  The  commissioner  may,  and  on  petition  of  investigations. 
fifty  or  more  residents  of  the  commonwealth  shall,  make  or 
cause  to  be  made  an  investigation  of  any  industry  which 
employs  industrial  homeworkers,  in  order  to  determine 
whether  the  wages  and  conditions  of  employment  of  indus- 
trial homeworkers  in  such  industry  are  injurious  to  their 
health  and  welfare,  or  whether  the  wages  and  conditions  of 
employment  of  such  industrial  homeworkers  have  the  effect 
of  rendering  unduly  difficult  the  maintenance  of  existing 
labor  standards  or  the  enforcement  of  labor  standards  estab- 
lished by  law  or  regulation  for  factory  workers  in  the  in- 
dustry. If,  on  the  basis  of  information  in  his  possession, 
with  or  without  an  investigation  as  provided  in  this  section, 
the  commissioner  shall  find  that  industrial  homework  cannot 
be  continued  within  a  certain  industry  without  injuring  the 
health  and  welfare  of  the  industrial  homeworkers  within 
such  industry,  or  without  rendering  unduly  difficult  the 
maintenance  of  existing  labor  standards  or  the  enforcement 
of  labor  standards  established  by  law  or  regulation  for  fac- 
tory workers  in  such  industry,  the  commissioner  shall  by 
order  declare  such  industrial  homework  unlawful  and  require 
all  employers  in  such  industry  to  discontinue  the  furnishing 
within  the  commonwealth  of  material  for  industrial  home- 
work, and  no  permit  issued  under  section  one  hundred  and 
forty-seven  shall  be  deemed  thereafter  to  authorize  the  fur- 
nishing of  materials  for  industrial  homework  prohibited  by 
such  order.  .    . 

Section  14-6.  Before  making  such  order  the  commissioner  Hearings, 
shall  hold  a  public  hearing  or  hearings  at  which  an  oppor- 
tunity to  be  heard  shall  be  afforded  to  any  employer,  or 
representative  of  employers,  and  any  industrial  homeworker, 
or  representative  of  industrial  homeworkers,  and  any  other 
person  or  persons,  having  an  interest  in  the  subject  matter 
of  the  hearing.  At  least  thirty  days  before  any  such  hearing 
is  held  public  notice  thereof  shall  be  given  in  such  manner 
as  may  be  determined  by  the  commissioner.  Such  hearing 
or  hearings  shall  be  held  in  such  place  or  places  as  the  com- 
missioner shall  deem  most  convenient  to  the  employers  and 
industrial  homeworkers  to  be  affected  by  such  order.  The 
commissioner  shall  determine  the  effective  date  of  such 
order,  which  date  shall  be  not  less  than  ninety  days  after 
the  date  of  its  promulgation. 


558 


Acts,  1937.  —  Chap.  429. 


Permits 
to  deliver 
materials. 


Certificates 
for  homework 
required. 


Materials, 
etc.,  to  be 
labeled. 


Section  147.  No  materials  for  manufacture  by  industrial 
homework  shall  be  delivered  to  any  person  in  the  common- 
wealth unless  the  employer  so  delivering  them,  or  his  agent 
if  the  employer  is  not  a  resident  of  this  commonwealth,  has 
in  his  possession  a  valid  permit  issued  by  the  commissioner 
under  authority  of  this  section,  hereinafter  and  in  sections 
one  hundred  and  forty-seven  A  to  one  hundred  and  forty- 
seven  H,  inclusive,  called  an  employer's  permit.  Such  per- 
mit shall  be  issued  by  the  commissioner  upon  payment  of  a 
fee  of  fifty  dollars  and,  subject  to  the  last  sentence  of  sec- 
tion one  hundred  and  forty-five,  shall  be  valid  for  a  period 
of  one  year  from  the  date  of  its  issuance,  unless  sooner 
revoked  or  suspended.  Application  for  such  permit  shall 
be  made  in  such  form  as  the  commissioner  may  from  time 
to  time  by  rule  or  regulation  prescribe.  No  employer  shall 
deliver  or  cause  to  be  delivered  any  materials  or  articles 
for  manufacture  by  industrial  homework  to  a  person  who 
is  not  in  possession  of  a  valid  employer's  permit,  or  a  home- 
worker's  certificate  issued  in  accordance  with  this  or  the 
following  section.  The  commissioner  may  revoke  or  sus- 
pend an  employer's  permit  if  he  finds  that  the  employer  has 
violated  any  provision  of  sections  one  hundred  and  forty- 
four  to  one  hundred  and  forty-seven  H,  inclusive,  or  has 
failed  to  observe  or  comply  with  any  provision  of  his  permit. 

Section  147 A.  No  person  shall  engage  in  industrial  home- 
work within  the  commonwealth  unless  he  has  in  his  posses- 
sion a  valid  certificate  issued  to  him  by  the  commissioner 
under  authority  of  this  section,  hereinafter  and  in  sections 
one  hundred  and  forty-seven  B  to  one  hundred  and  forty- 
seven  H,  inclusive,  called  a  homeworker's  certificate.  Such 
certificate  shall  be  issued  by  the  commissioner  without  cost 
and  shall  be  valid  for  a  period  of  one  year  from  the  date  of 
its  issuance,  unless  sooner  revoked  or  suspended.  Applica- 
tion for  such  certificate  shall  be  made  in  such  form  as  the 
commissioner  may  from  time  to  time  by  rule  or  regulation 
prescribe.  Such  certificate  shall  be  valid  only  for  work 
performed  by  the  applicant  himself  in  his  own  home.  No 
homeworker's  certificate  shall  be  issued  to  any  person  under 
the  age  of  fourteen  years,  or  to  any  person  suffering  from  an 
infectious,  contagious  or  communicable  disease  or  living  in 
a  home  that  is  not  clean,  sanitary  and  free  from  infectious, 
contagious  or  communicable  disease.  The  commissioner 
may  revoke  or  suspend  any  homeworker's  certificate  if  he 
finds  that  the  holder  thereof  is  performing  industrial  home- 
work contrary  to  the  conditions  under  which  the  certificate 
was  issued  or  in  violation  of  any  pertinent  provision  of  sec- 
tions one  hundred  and  forty-four  to  one  hundred  and  forty- 
seven  H,  inclusive,  or  has  permitted  any  person  not  holding 
a  valid  homeworker's  certificate  to  assist  him  in  performing 
his  industrial  homework. 

Section  I47B.  No  employer  shall  deliver  or  cause  to  be 
delivered  to  any  person  any  materials  or  articles  to  be  manu- 
factured by  industrial  homework  unless  there  has  been  con- 


Acts,  1937.  —  Chap.  429.  559 

spicuously  affixed  to  each  article  or,  if  impossible  so  to  affix, 
then  to  the  package  or  other  container  in  which  such  goods 
are  delivered  or  are  to  be  kept,  a  label  or  other  mark  of 
identification  bearing  the  employer's  name  and  address, 
printed  or  written  legibly  in  English. 

Section  14.7C.  Any  article  which  is  being  manufactured  Penalty, 
in  a  home  in  violation  of  any  provision  of  sections  one  hundred 
and  forty-four  to  one  hundred  and  forty-seven  H,  inclusive, 
may  be  removed  by  the  commissioner  and  may  be  retained 
by  him  until  claimed  by  the  employer.  The  commissioner 
shall  give  notice,  by  registered  mail,  of  such  removal  to  the 
person  whose  name  and  address  are  affixed  to  the  article, 
package  or  container  as  provided  in  section  one  hundred  and 
fortj^-seven  B.  Unless  the  article  so  removed  is  claimed 
within  thirty  days  following  the  giving  of  such  notice,  it  may 
be  destroyed  or  otherwise  disposed  of. 

Section  147D.  No  person  in  possession  of  an  employer's  Records  to  be 
permit  shall  deliver  or  receive,  or  cause  to  be  delivered  or  com^Ls^oner. 
received,  anj'-  articles  for  or  as  a  result  of  industrial  homework 
unless  he  shall  keep  in  such  form,  and  forward  to  the  com- 
missioner at  such  intervals  as  the  commissioner  may  by  rule 
or  regulation  prescribe  and  on  such  blanks  as  he  may  pro- 
vide, a  record  of  all  persons  engaged  in  industrial  homework 
on  materials  furnished  or  distributed,  or  caused  to  be  fur- 
nished or  distributed,  by  such  person,  of  all  places  where 
such  persons  work,  of  all  articles  which  such  persons  have 
manufactured,  of  the  net  cash  wages  received  by  each  indus- 
trial homeworker,  of  all  agents  or  contractors  to  whom  such 
permittee  has  furnished  materials  to  be  manufactured  by 
industrial  homework,  and  of  all  persons  from  whom  he  has 
received  materials  to  be  so  manufactured. 

Section  147E.  The  department  shall  make  rules  and  regu-  Rules  and 
lations  for  the  enforcement  of  sections  one  hundred  and  forty-  regulations, 
four  to  one  hundred  and  forty-seven  H,  inclusive.  Violation 
of  any  such  rule  or  regulation  shall  be  punished  as  provided 
in  section  one  hundred  and  forty-seven  G.  The  commissioner 
and  the  authorized  representatives  of  the  department  shall 
make  all  inspections  and  investigations  necessary  for  the 
enforcement  of  said  sections. 

Section  147F.     In  making  any  investigation  or  examina-  witnesses 
tion  under  authority  of  any  provision  of  sections  one  hun-  ™^J^oncd 
dred  and  forty-four  to  one  hundred  and  forty-seven  H,  inclu-  etc. 
sive,  the  commissioner  or  his  duly  authorized  representative 
may  require  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books,  papers,  contracts  and  documents 
relating  thereto.    AVitnesses  shall  be  summoned  in  the  same 
manner  and  shall  be  paid  the  same  fees  as  witnesses  before 
the  superior  court  in  civil  cases.    The  commissioner  or  any 
such  representative  may  administer  oaths  to  witnesses  or 
take  their  affirmation.     If  any  person  summoned  and  paid 
as  a  witness  refuses  to  attend,  or  to  be  sworn  or  to  affirm,  or 
to  answer  any  question,  or  to  produce  any  book,  contract, 
document  or  paper  pertinent  to  the  matter  before  the  com- 


560 


Acts,  1937. —Chap.  430. 


General 
penalties. 


Application 
of  sections 
limited. 


missioner  or  such  representative,  a  justice  of  the  supreme 
judicial  or  the  superior  court,  upon  application  by  said  com- 
missioner or  such  representative,  may  issue  an  order  requir- 
ing such  person  to  appear  before  said  commissioner  or  repre- 
sentative, and  to  produce  his  books,  contracts,  documents 
and  papers  and  to  give  evidence  relating  to  the  matter  in 
question.  Upon  application  by  the  commissioner  or  such 
representative,  commissions  to  take  depositions  of  persons 
without  the  commonwealth  may  be  issued  by  a  justice  of 
the  supreme  judicial  or  the  superior  court,  to  be  used  in 
hearings  before  the  commissioner  or  such  representative, 
and  all  laws  and  rules  relating  to  such  commissions  in  civil 
actions  shall  apply  to  commissions  issued  hereunder. 

Section  147G,  In  addition  to  any  penalties  otherwise 
prescribed  in  sections  one  hundred  and  forty-four  to  one 
hundred  and  forty-seven  H,  inclusive,  any  employer  who, 
without  having  in  his  possession  a  valid  employer's  permit, 
delivers  or  causes  to  be  delivered  to  another  person  any 
materials  for  manufacture  by  industrial  homework,  or  who 
refuses  to  allow  the  commissioner  or  his  authorized  repre- 
sentative to  enter  his  place  of  business  for  the  purpose  of 
making  any  investigation  authorized  by  any  provision  of 
said  sections  one  hundred  and  forty-four  to  one  hundred  and 
forty-seven  H,  inclusive,  or  necessary  to  carry  out  any  pro- 
vision thereof,  or  who  refuses  to  permit  the  commissioner  or 
his  authorized  representative  to  inspect  or  copy  the  pay  roll 
or  other  records  or  documents  relating  to  the  enforcement  of 
said  sections,  or  who  falsifies  such  records  or  documents  or 
any  statement  which  he  is  required  by  the  commissioner  or 
said  representative,  acting  under  authority  of  said  sections, 
to  make,  or  who  otherwise  violates  any  provision  of  said 
sections  or  any  provision  of  his  permit,  shall  be  punished  by  a 
fine  of  fifty  dollars,  or  by  imprisonment  for  not  more  than 
two  months,  or  both. 

Section  147H.  The  provisions  of  sections  one  hundred 
and  forty-three  to  one  hundred  and  forty-seven  G,  inclusive, 
shall  not  apply  to  organizations  incorporated  in  the  com- 
monwealth for  educational  or  philanthropic  purposes,  or  to 
homework  performed  under  the  supervision  of  the  division 
of  the  blind  in  the  department  of  education.  Persons  doing 
work  for  such  organizations  shall  not  be  required  to  have  a 
certificate  to  permit  them  to  do  such  work. 

Approved  May  29,  1937. 


ChapASO  An  Act  further  regulating  the  hours  during  which 

THE  OFFICES  OF  STATE  DEPARTMENTS  SHALL  BE  OPEN  FOR 
the  transaction  of  BUSINESS. 


Emergency 
preamble. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 


Acts,  1937. —Chap.  431.  561 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty  of  the  General  Laws  is  hereby  amended  ^^^•^0^8-24 
by  striking  out  section  twenty-four,  as  appearing  in  the  amended. 
Tercentenary  Edition,   and  inserting  in  place  thereof  the 
following:  —  Section  24-    The  offices  of  all  the  departments  ofRce  hours 
of  the  state  government  shall  be  open  to  the  pubhc  for  the  departments. 
transaction  of  business  daily,  on  days  other  than  Sundays 
and  legal  holidays,  from  nine  o'clock  in  the  forenoon  until 
five  o'clock  in  the  afternoon,  except  that  on  Saturdays  be- 
ginning with  the  second  Saturday  in  September  and  ending 
with  the  next  to  the  last  Saturday  in  May  they  may  be 
closed  at  twelve  o'clock  noon  and  that  on  Saturdays  be- 
ginning with  the  last  Saturday  in  May  and  ending  with 
the  first  Saturday  in  September  they  may  be  closed  all  day. 
When  the  day  or  the  last  day  for  the  performance  of  any 
act,   including  the  making  of  any  payment  or  tender  of 
payment,  authorized  or  required  to  be  performed  at  the 
office  of  any  such  department  falls  on  a  Saturday  when  such 
office  is  closed  under  authority  of  this  section,  the  act  may 
be  performed  on  the  next  succeeding  business  day. 

Approved  May  29,  1937. 

An  Act  authorizing  the  department  of  public  works  (JJiav  431 

TO  SELL  AND  CONVEY  TO  THE  CORPORATION  NOW  OR 
FORMERLY  KNOWN  AS  THE  EDISON  ELECTRIC  ILLUMINAT- 
ING COMPANY  OF  BOSTON  CERTAIN  LAND  NEAR  THE  FORE 
RIVER  BRIDGE,   SO   CALLED. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^re&mb\l^^ 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works,  acting  for  and  in  behalf 
of  the  commonwealth,  may,  subject  to  the  approval  of  the 
governor  and  council,  sell  and  convey  for  value  to  the  cor- 
poration now  or  formerly  known  as  The  Edison  Electric 
Illuminating  Company  of  Boston  any  interest,  less  than  fee, 
in  lands,  acquired  by  the  commonwealth  under  chapter  three  • 
hundred  and  forty-eight  of  the  acts  of  nineteen  hundred  and 
thirty-three,  and  may  abandon  any  such  interest  in  the 
lands  acquired  as  aforesaid;  provided,  that,  in  the  opinion 
of  said  department,  such  interest  in  land  is  no  longer  needed 
for  the  purposes  for  which  acquired. 

Approved  May  29,  1937. 


562  Acts,  1937.  —  Chap.  432. 


ChapAS2  An  Act  providing  for  the  reconstruction  of  a  bridge 

AND  ITS  APPROACHES  OVER  THE  MYSTIC  RIVER  IN  THE  CITY 
OF  MEDFORD  AND  THE  TOWN  OF  ARLINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  provisions  of  this  act,  the 
metropoHtan  district  commission,  hereinafter  referred  to  as 
the  commission,  shall  lay  out  and  construct  a  bridge  and  the 
highway  approaches  thereto,  over  the  Mystic  river  at  Har- 
vard street  in  the  city  of  Medford  and  at  River  street  in  the 
town  of  Arlington,  and  in  connection  therewith  may  lay 
out,  alter,  prescribe  and  specify  the  bridge  and  highway  ap- 
proaches thereto  in  said  city  and  in  said  town,  for  a  distance, 
measured  from  the  abutments  of  the  bridge,  not  exceeding 
three  hundred  and  sixty  feet  on  the  Medford  side  and  not 
exceeding  two  hundred  feet  on  the  Arlington  side. 

Section  2.  For  the  purpose  of  carrying  out  the  provisions 
of  this  act,  the  commission  may  acquire  by  purchase,  or  by 
eminent  domain  under  chapter  seventy-nine  of  the  General 
Laws,  such  lands,  and  such  rights  and  easements  therein, 
as  the  commission  may  deem  necessary;  provided,  that  no 
damages  shall  be  paid  for  public  lands  or  parks,  parkways  or 
reservations  so  taken.  The  commission  may  also  make  such 
alterations  in  connecting  ways  as  may  be  necessary  for  carry- 
ing out  said  provisions  or  any  of  them. 

Section  3.  The  cost  of  constructing  said  bridge  and  land 
takings  for  the  same,  including  any  damages  awarded  or  paid 
on  account  of  any  taking  of  land  or  property  therefor,  or  any 
injury  to  the  same,  and  all  other  expenses  incurred  in  carry- 
ing out  the  provisions  of  this  act,  shall  not  exceed,  in  the 
aggregate,  seventy-five  thousand  dollars,  seventy  per  cent  of 
which  shall  be  paid  by  the  commonwealth,  subject  to  appro- 
priation, from  the  Highway  Fund,  fifteen  per  cent  shall  be 
paid  by  the  city  of  Medford  and  fifteen  per  cent  shall  be  paid 
by  the  town  of  Arlington. 

Section  4.  For  the  purpose  of  making  the  payments 
required  to  be  made  by  the  city  of  Medford  and  the  town  of 
Arlington  under  this  act,  each  of  said  municipalities  may 
borrow  such  sum  as  may  be  necessary,  and  may  issue  bonds 
or  notes  therefor,  payable  in  not  more  than  two  years  from 
the  dates  thereof.  Indebtedness  incurred  by  each  of  said 
municipalities  under  this  act  shall  be  within  the  statutory 
limit,  and  shall,  except  as  herein  provided,  be  subject  to 
chapter  forty-four  of  the  General  Laws,  exclusive  of  the 
limitation  contained  in  the  first  paragraph  of  section  seven 
thereof.  Said  municipalities  may  sell  the  said  securities  at 
public  or  private  sale,  but  not  for  less  than  their  par  value. 
Said  city  and  town  shall  each  pay  to  the  commission,  at  such 
times  and  in  such  amounts  as  they  may  respectively  be 
directed  by  the  commission  so  to  do,  that  portion  of  the  cost 
of  the  work  hereinbefore  provided  for  which  is  to  be  paid  by 
said  city  and  said  town,  other  than  the  proportionate  part 


Acts,  1937.  —  Chap.  433.  563 

of  such  cost  payable  on  account  of  its  membership  in  the 
metropolitan  parks  district. 

Section  5.  When  the  work  herein  authorized  shall  have 
been  completed,  said  bridge  and  the  highway  approaches 
thereto  shall  be  under  the  control  of  the  commission,  and  the 
cost  of  maintenance  of  said  bridge  and  approaches  shall  be 
assessed  upon  the  municipalities  of  the  metropolitan  parks 
district  in  proportion  to  the  respective  taxable  valuations  of 
the  property  of  said  municipalities  as  defined  by  section 
fifty-nine  of  chapter  ninety-two  of  the  General  Laws. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1937. 


An  Act  relative  to  the  construction  of  additional  QhavAZZ 

SEWERS     in    the    NORTH     METROPOLITAN     SEWERAGE     DIS- 
TRICT. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  p'"'^''"^^®- 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  conditions  hereinafter  im- 
posed, the  metropolitan  district  commission  is  hereby  au- 
thorized and  directed  to  construct  a  main  sewer  or  sewers, 
with  sewer  connections  and  other  works,  in  the  valleys  of  the 
Mystic  river  and  its  tributaries,  and  through  other  territory 
in  the  cities  of  Medford,  Everett  and  Chelsea  and  in  the  East 
Boston  district  of  the  city  of  Boston  from  a  point  at  the 
present  terminus  of  the  north  metropolitan  relief  sewer  in 
said  city  of  Medford,  thence  in  a  general  easterly  direction 
to  the  vicinity  of  the  present  Chelsea  creek,  and,  for  such 
purposes,  may  exercise  all  the  powers  conferred  upon  it  by 
chapter  ninety-two  of  the  General  Laws  relative  to  the  con- 
struction, maintenance  and  operation  of  systems  of  sewage 
disposal.  For  the  purpose  of  carrying  out  said  project, 
including  any  expenditures  on  account  of  the  purchase  or 
taking  of  land  or  damages  to  land  occasioned  by  the 
construction  hereinbefore  provided  for,  the  said  commis- 
sion may  expend  sums  not  exceeding,  in  the  aggregate,  four 
million,  five  hundred  thousand  dollars,  of  which  not  more 
than  two  million,  seven  hundred  thousand  dollars  shall  ulti- 
mately be  borne  by  the  commonwealth,  said  project  to  be 
entered  into  only  on  the  basis  of  grants  of  federal  money. 
If  the  maximum  available  grant  shall  be  less  than  forty  per 
cent  of  the  total  cost  of  the  project  as  hereinbefore  described, 
then,  subject  to  the  conditions  hereinafter  imposed,  that 
portion  of  the  project  shall  be  constructed,  the  cost  of  which 
shall  not  exceed  the  appropriation  herein  provided  plus  such 
available  grant. 

Section  "2.  Said  project  shall  not  be  entered  into  unless 
it  is  approved,  as  hereinafter  provided,  by  the  emergency 


564  Acts,  1937.  —  Chap.  433. 

public  works  commission,  established  under  section  one  of 
chapter  three  hundred  and  sixty-five  of  the  acts  of  nineteen 
hundred  and  thirty-three,  and  by  the  governor.  Said  emer- 
gency public  works  commission  shall,  in  addition  to  the 
powers  and  duties  heretofore  conferred  and  imposed  upon 
it,  exercise  and  perform  the  powers  and  duties  hereinafter 
conferred  or  imposed  upon  it,  and  the  provisions  of  said 
section  which  relate  to  action  by  said  commission  shall  apply 
in  the  case  of  action  under  this  act.  Said  project,  when  so 
approved,  shall  be  carried  out  in  all  respects  subject  to  the 
provisions  of  the  appropriate  federal  law  providing  for  con- 
struction of  projects  of  that  class,  and  the  rules  and  regula- 
tions made  pursuant  thereto,  and  to  such  terms,  conditions, 
rules  and  regulations,  not  inconsistent  with  such  federal  laws 
and  rules  and  regulations,  as  said  commission  may  establish, 
with  the  approval  of  the  governor,  to  ensure  the  proper  execu- 
tion of  said  project.  The  commonwealth  may  accept  and 
use  for  carrying  out  said  project  so  approved  any  grant  of 
federal  funds  under  any  federal  law,  authority  to  make  appli- 
cation therefor  being  hereby  granted  to  the  said  emergency 
public  works  commission.  For  the  purpose  only  of  carrying 
out  said  project,  the  state  treasurer  may  from  time  to  time 
borrow,  on  the  credit  of  the  commonwealth,  such  sums,  not 
exceeding,  in  the  aggregate,  two  million  seven  hundred  thou- 
sand dollars,  and  may  issue  in  one  or  more  series  bonds,  notes, 
or  other  forms  of  written  acknowledgment  of  debt,  herein- 
after referred  to  as  obligations.  Each  series  shall  carry  such 
rates  of  interest  as  the  state  treasurer  may  fix,  with  the  ap- 
proval of  the  governor,  and  shall  be  payable  serially  in  such 
amounts  and  at  such  times  as  the  state  treasurer  may  deter- 
mine, with  the  approval  of  the  governor;  provided,  that  the 
principal  payments  of  each  series  shall  be  made  annually  in 
amounts  as  nearly  equal  as  may  be.  The  obligation  last 
payable  of  any  series  issued  for  the  purpose  of  carrying  out 
said  project  shall  become  due  not  later  than  such  number  of 
years  from  the  date  of  the  obligations  of  such  series  as  the 
governor  may  recommend  to  the  general  court  in  accordance 
with  section  3  of  Article  LXII  of  the  Amendments  to  the 
constitution  of  the  commonwealth. 

All  obligations  issued  under  this  act  shall  be  signed  by  the 
state  treasurer  and  approved  by  the  governor. 

All  obligations  issued  under  this  act  shall  be  payable,  as  to 
both  principal  and  interest,  in  such  funds  as  are,  on  the  re- 
spective dates  of  payment  of  such  principal  and  interest, 
legal  tender  for  the  payment  of  debts  due  the  United  States 
of  America. 

All  interest  payments  and  payments  on  account  of  prin- 
cipal on  such  obligations,  and  the  cost  of  maintenance  and 
operation  of  the  sewerage  works  constructed  hereunder,  shall 
be  deemed  to  be,  and  shall  be  paid  as,  a  part  of  the  interest, 
sinking  fund  or  serial  bond  requirements  and  costs  specified 
in  chapter  four  hundred  and  thirty-nine  of  the  afcts  of  eight- 
een hundred  and  eighty-nine  and  acts  in  amendment  thereof 


Acts,  1937. —Chap.  433.  565 

and  in  addition  thereto  and  affecting  the  same,  and  shall  be 
apportioned,  assessed  and  collected  in  the  manner  provided 
by  the  provisions  of  chapter  ninety-two  of  the  General  Laws 
relative  to  the  north  metropolitan  sewerage  system. 

Section  3.  No  payment  shall  be  made  or  obligation 
incurred  for  the  carrying  out  of  said  project  upon  its  ap- 
proval by  the  said  emergency  public  works  commission  and 
the  governor  and  its  approval  for  federal  aid  by  the  proper 
federal  authorities,  until  plans  and  specifications  therefor 
have  been  approved  by  the  said  commission,  unless  other- 
wise provided  by  such  rules  or  regulations  as  the  said  com- 
mission may  make. 

Section  4.  The  state  treasurer  shall  receive  all  moneys 
granted  to  the  commonwealth  for  the  purpose  of  carrying 
out  the  project  authorized  under  this  act.  Payment  from 
the  state  treasury  for  expenditures  incurred  under  this  act 
shall  be  made  upon  vouchers  filed  with  the  comptroller 
in  accordance  with  the  procedure  prescribed  under  section 
eighteen  of  chapter  twenty-nine  of  the  General  Laws,  and 
all  other  provisions  of  said  chapter  twenty-nine  shall  apply 
in  the  case  of  the  project  undertaken  under  this  act  or  any 
expenditure  necessary  for  carrying  out  the  purposes  hereof, 
except  in  so  far  as  such  provisions  of  law  may  be  in  conflict 
with  applicable  federal  laws  and  regulations. 

Section  5.  The  metropolitan  district  commission  shall 
have,  in  addition  to  any  powers  expressly  given  by  statute, 
such  powers  as  may  be  determined  and  certified  by  the  said 
emergency  public  works  commission  to  be  proper  and 
reasonably  necessary  to  carry  out  said  project,  including 
the  power  to  take  property  by  eminent  domain  on  behalf 
of  the  commonwealth.  The  said  emergency  public  works 
commission  is  hereby  authorized  to  make  any  necessary 
orders,  rules  and  regulations,  and  perform  all  necessary 
actions  under  this  act;  and  none  of  such  orders,  rules,  regu- 
lations and  actions  shall  be  declared  inoperative,  illegal  or 
void  for  any  omission  of  a  technical  nature  in  respect  thereto. 

Section  6.  The  authority  given  to  the  state  treasurer  by 
chapter  three  hundred  and  ninety-two  of  the  acts  of  nine- 
teen hundred  and  thirty-five  to  borrow  in  anticipation  of 
the  payment  of  grants  by  the  federal  government  is  hereby 
extended  to  such  grants  as  may  be  authorized  for  the  proj- 
ect provided  for  in  this  act. 

Section  7.  If  a  grant  of  federal  money  for  the  foregoing 
purposes  is  not  received  on  or  before  September  thirtieth, 
nineteen  hundred  and  thirtj^-seven,  the  foregoing  sections 
shall  be  inoperative  and,  on  and  after  October  first,  nine- 
teen hundred  and  thirty-seven,  the  metropolitan  district 
commission  shall  make  borings  and  prepare  plans  and  speci- 
fications for  the  construction  of  a  main  sewer  or  sewers  with 
sewer  connections  and  other  works,  in  the  valleys  of  the 
Mystic  river  and  its  tributaries,  and  through  other  territory 
in  the  cities  of  Medford,  Everett  and  Chelsea  and  in  the 
East  Boston  district  of  the  city  of  Boston  from  a  point  at 


566  Acts,  1937.  —  Chap.  433. 

the  present  terminus  of  the  north  metropohtan  relief  sewer 
in  Medford,  thence  in  a  general  easterly  direction  to  the 
vicinity  of  the  Chelsea  creek.  For  the  purpose  of  carrying 
out  said  work  the  said  commission  may  expend  a  sum  not 
exceeding  two  hundred  and  seventy  thousand  dollars. 

Section  8.  For  the  purpose  of  carrying  out  the  work  as 
provided  by  section  seven  the  state  treasurer  may  from 
time  to  time  borrow,  on  the  credit  of  the  commonwealth, 
sums,  not  exceeding,  in  the  aggregate,  two  hundred  and 
seventy  thousand  dollars,  and  may  issue  in  one  or  more 
series  bonds,  notes  or  other  forms  of  written  acknowledg- 
ment of  debt,  hereinafter  referred  to  as  obligations.  Each 
series  shall  carry  such  rates  of  interest  as  the  state  treasurer 
may  fix,  with  the  approval  of  the  governor,  and  shall  be 
payable  serially  in  such  amounts  and  at  such  times  as  the 
state  treasurer  may  determine,  with  the  approval  of  the 
governor;  provided,  that  the  principal  payments  of  each 
series  shall  be  made  annually  in  amounts  as  nearly  equal 
as  may  be.  The  obligation  last  payable  of  any  series  issued 
for  the  purpose  of  carrying  out  said  project  shall  become 
due  not  later  than  such  number  of  years  from  the  date  of 
the  obligations  of  such  series  as  the  governor  may  recom- 
mend to  the  general  court  in  accordance  with  section  3 
of  Article  LXII  of  the  Amendments  to  the  constitution  of 
the  commonwealth.  All  obligations  issued  under  this  act 
shall  be  signed  by  the  state  treasurer  and  approved  by  the 
governor.  All  obligations  issued  under  this  section  shall  be 
payable,  as  to  both  principal  and  interest,  in  such  funds  as 
are,  on  the  respective  dates  of  payment  of  such  principal 
and  interest,  legal  tender  for  the  payment  of  debts  due  the 
United  States  of  America.  All  interest  payments  and  pay- 
ments on  account  of  principal  on  such  obligations  shall  be 
deemed  to  be,  and  shall  be  paid  as,  a  part  of  the  interest, 
sinking  fund  or  serial  bond  requirements  and  costs  speci- 
fied in  chapter  four  hundred  and  thirty-nine  of  the  acts  of 
eighteen  hundred  and  eighty-nine  and  acts  in  amendment 
thereof  and  in  addition  thereto  and  affecting  the  same,  and 
shall  be  apportioned,  assessed  and  collected  in  the  manner 
provided  by  the  provisions  of  chapter  ninety-two  of  the 
General  Laws  relative  to  the  north  metropolitan  sewerage 
system. 

Section  9.  The  metropolitan  district  commission  shall 
have,  in  addition  to  any  powers  expressly  given  by  statute, 
such  powers  as  may  be  proper  and  reasonably  necessary  to 
carry  out  said  preparation  of  plans,  specifications  and  bor- 
ings. The  said  commission  is  authorized  to  make  all  nec- 
essary orders,  rules  and  regulations,  perform  all  necessary 
actions  under  section  seven;  and  none  of  such  orders,  rules, 
regulations  and  actions  shall  be  declared  inoperative  or 
void  for  any  omission  of  a  technical  nature  in  respect  thereto. 

Approved  May  29,  1937. 


Acts,  1937.  —  Chap.  434.  567 


An  Act  in  addition  to  the  general  appropriation  act  Chap  ASA 

MAKING  appropriations  TO  SUPPLEMENT  CERTAIN  ITEMS 
CONTAINED  THEREIN,  AND  FOR  CERTAIN  NEW  ACTIVITIES 
AND   PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  supplementing  certain  items  suppienientary 
in  the  general  appropriation  act,  and  for  certain  new  activi-  »pp''op"«''^'"" 
ties  and  projects,  the  sums  set  forth  in  section  two,  for  the 
particular  purposes  and  subject  to  the  conditions  stated 
therein,  are  hereby  appropriated  from  the  general  fund  or 
ordinary  revenue  of  the  commonwealth,  unless  some  other 
source  of  revenue  is  expressed,  subject  to  the  provisions  of 
law  regulating  the  disbursement  of  public  funds  and  the 
approval  thereof. 

Section  2. 

Service  of  the  Legislative  Deparlmenl. 

Item 

1  For  the  compensation  of  senators,  a  sum  not  ex- 
ceeding four  hundred  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose $400  00 

10  For  clerical  assistance,  office  of  the  sergeant-at- 
arms,  a  sum  not  exceeding  sixty  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....  GO  00 

18a  For  services  and  expenses  to  revise  the  election  laws 
of  the  commonwealth  under  the  supervision  of 
the  counsel  to  the  senate  and  the  counsel  to  the 
house  of  representatives,  a  sum  not  exceeding  fif- 
teen hundred  dollars  .....  1,500  00 

19  For  personal  services  of  the  counsel  to  the  house  of 
representatives  and  assistants,  a  sum  not  exceed- 
ing thirty-seven  hundred  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated 
for  the  purpose         ......         3,700  00 

22b  For  expenses  of  the  joint  special  committee  estab- 
lished for  the  purpose  of  making  an  investigation 
relative  to  the  Commonwealth  Mutual  Liability 
Insurance  Company,  a  sum  not  exceeding  eighty- 
five  hundred  dollars 8,500  00 

22c  For  travel  of  the  committee  on  public  welfare,  as 
authorized  by  an  order  of  the  general  court,  a  sum 
not  exceeding  two  thousand  dollars    .  .  .  2,000  00 

32  For  contingent  expenses  of  the  senate  and  house  of 
representatives,  and  necessary  expenses  in  and 
about  the  state  house,  with  the  approval  of  the 
sergeant-at-arms,  a  sum  not  exceeding  six  hun- 
dred dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose. 
Upon  certification  by  the  sergeant-at-arms,  the 
comptroller  may  reimburse  for  uniforms  purchased 
during  the  current  year  prior  to  May  first  .  .  600  00 

36a  For  services  and  other  expenses  of  the  special  com- 
mission on  taxation  and  public  expenditures,  au- 
thorized by  chapter  three  of  the  resolves  of  the 
current  year,  a  sum  not  exceeding  fifty  thousand 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .        50,000  00 

Total $06,760  00 


568  Acts,  1937.  —  Chap.  434. 


Service  of  the  Judicial  Department, 
Item 

Reporter  of  Decisions: 
46     For  clerk  hire  and  office  supplies,  services  and  equip- 
ment, a  sum  not  exceeding  one  thousand  dollars, 
the  same  to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose    .         .         .       $1,000  00 

For  clerical  assistance  to  Registers  of  the  several 
counties,  as  follows: 

72  Hampden,  a  sum  not  exceeding  three  hundred  and 

ninety  dollars,  the  same  to  be  in  addition  to  any 

amount  heretofore  appropriated  for  the  purpose  .  390  00 

73  Hampshire,  a  sum  not  exceeding  four  hundred  and 

fifty  dollars,  the  same  to  be  in  addition  to  any 

amount  heretofore  appropriated  for  the  purpose  .  450  00 

Total $1,840  00 

Service  of  the  Executive  Department. 

98  For  the  salaries  of  officers  and  employees  of  the  de- 

partment, a  sum  not  exceeding  eleven  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .        $1,100  00 

99  (This  item  omitted.) 

100  For  travel  and  expenses  of  the  heutenant  governor 
and  council  from  and  to  their  homes,  a  sum  not 
exceeding  five  hundred  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropri- 
ated for  the  purpose  .....  500  00 

107a  For  expenses  of  the  special  commission  appointed 
to  prepare  plans  and  programs  for  the  proper 
celebration  of  the  one  hundred  and  fiftieth  an- 
niversary of  the  formation  of  the  Constitution  of 
the  United  States,  authorized  by  chapter  seventy- 
three  of  the  resolves  of  nineteen  hundred  and 
thirty-six,  a  sum  not  exceeding  three  thousand 
dollars 3,000  00 

Total $4,600  00 

Service  of  the  Adjutant  General. 

111  For  expenses  of  the  national  guard  convention  and 

for  expenses  not  otherwise  provided  for  in  con- 
nection with  military  matters  and  accounts,  a 
sum  not  exceeding  eight  hundred  and  fifty  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose       .         .         .  $850  00 

Service  of  the  Militia. 

112  For  allowances  to  companies  and  other  administra- 

tive units,  a  sum  not  exceeding  seven  hundred  and 
fifty  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .  $750  00 

113  For  the  cost  of  materials  and  equipment  and  in- 

cidental expenses  of  training  persons  in  the  use 
of  chemical  gas,  a  sum  not  exceeding  four  thou- 
sand dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .  4,000  00 

124  For  compensation  for  special  and  miscellaneous  duty, 
a  sum  not  exceeding  seven  hundred  and  fifty  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .         .  750  00 


Acts,  1937.  —  Chap.  434.  569 

Item 

127a  For  services  and  expenses  of  the  military  reserva- 
tion located  in  Barnstable  county,  a  sum  not  ex- 
ceeding twenty-five  hundred  dollars  .  .  .        $2,500  00 

129  For  instruction  in  military  authority,  organization 
and  administration,  and  in  the  elements  of  mili- 
tary art,  a  sum  not  exceeding  fifteen  hundred  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose      .  .  1,500  00 

131  For  expenses  of  operation  of  the  twenty-sixth  di- 
vision, a  sum  not  exceeding  seven  hundred  and 
fifty  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .  750  00 


Total $10,250  00 

Service  of  the  State  Quartermaster. 

141  For  office  and  general  supplies  and  equipment,  a 
sum  not  exceeding  twenty-four  hundred  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .  .  .        $2,400  00 

143  For  the  maintenance  of  armories  of  the  first  class, 
including  the  purchase  of  certain  furniture,  a  sum 
not  exceeding  twenty-two  hundred  and  fifty  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  2,250  00 

145  For  expenses  of  maintaining  and  operating  the 
Camp  Curtis  Guild  rifle  range,  a  sum  not  exceed- 
ing eleven  hundred  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose         ......         1,100  00 

Total $5,750  00 

Service  of  the  Commission  on  Administration  and  Finance. 

152a  For  personal  services  of  the  bureau  of  the  comp- 
troller, a  sum  not  exceeding  six  hundred  and  sixty 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  $060  00 

152b  For  personal  services  of  the  bureau  of  the  purchasing 
agent,  a  sum  not  exceeding  four  hundred  and  fifty 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  450  00 

152c  For  other  personal  services  of  the  commission,  a 
sum  not  exceeding  fifty  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated 
for  the  purpose  ......  50  00 

153  For  other  expenses  incidental  to  the  duties  of  the 
commission,  a  sum  not  exceeding  fifteen  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  1,500  00 

Total $2,660  00 

Service  of  the  Massachusetts  Soldiers'  Home. 

104  For  the  maintenance  of  the  Soldiers'  Home  in 
Massachusetts,  with  the  approval  of  the  trustees 
thereof,  a  sum  not  exceeding  eleven  thousand 
eight  hundred  dollars,  the  same  to  be  in  addition 
to  certain  receipts  from  the  United  States  govern- 
ment and  to  any  amount  heretofore  appropriated 
for  the  purpose $11,800  00 


570  Acts,  1937.  —  Chap.  434. 

Sendee  of  Ihe  Ballot  Law  Commission. 

Item 

167a  For  services  and  expenses  of  the  ballot  law  commis- 
sion, a  sum  not  exceeding  five  hundred  dollars     .  $500  00 

Service  of  the  State  Planning  Board. 

172  For  personal  services  of  secretary,  chief  engineer, 

and  other  assistants,  a  sum  not  exceeding  twenty- 
five  hundred  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose $2,500  00 

173  For  services  other  than  personal,  traveling  expenses, 

office  supplies  and  equipment,  a  sum  not  exceed- 
ing two  thousand  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for 
the  purpose 2,000  00 

Total $4,500  00 

Service  of  the  Superintendent  of  Buildings. 

180     For  personal  services  of  capitol  police,  a  sum  not 
exceeding  seventeen  hundred  dollars,  the  same  to 
-be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .  .  .  .  .        $1,700  00 

186  For  services,  supplies  and  equipment  necessary  to 

furnish  heat,  light  and  power,  a  sum  not  exceed- 
ing five  thousand  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for 
the  purpose 5,000  00 

187  For  other  services,  supplies  and  equipment  neces- 

sary for  the  maintenance  and  care  of  the  state 
house  and  grounds,  including  repairs  of  furniture 
and  equipment,  a  sum  not  exceeding  one  thou- 
sand dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .  1,000  00 

Total $7,700  00 

Service  of  the  State  Racing  Commission. 

189  For  personal  services,  a  sum  not  exceeding  thirty- 

five  hundred  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose $3,500  00 

190  For  other  administrative  expenses,  including  rent 

of  offices,  travel,  and  office  and  incidental  ex- 
penses, a  sum  not  exceeding  seven  hundred  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .  .  .  700  00 

Total $4,200  00 

Service  of  the  Secretary  of  the  Commonwealth. 

193  For  the  salaries  of  officers  and  employees  holding 
positions  established  by  law,  and  other  personal 
services,  a  sum  not  exceeding  three  hundred  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  $300  00 

195  For  postage  and  expressage  on  public  documents, 
and  for  mailing  copies  of  bills  and  resolves  to  cer- 
tain state,  city  and  town  officials,  a  sum  not  ex- 
ceeding two  hundred  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose         ......  200  00 


Acts,  1937. —Chap.  434.  571 

Item 

For  matters  relating  to  elections: 
205     For  the  printing  of  blanks  for  town  officers,  election 

laws  and  blanks  and  instructions  on  all  matters 

relating  to  elections,  a  sum  not  exceeding  five 

hundred  dollars,  the  same  to  be  in  addition  to  any 

amount  heretofore  appropriated  for  the  purpose  .  $500  00 

200     For  furnishing  cities  and  towns  with  ballot  boxes, 

and  for  repairs  to  the  same;   for  the  purchase  of 

apparatus  to  be  used  at  polling  places  in  the 

canvass  and  counting  of  votes;  and  for  providing 

certain  registration  facilities,  a  sum  not  exceeding 

one  thousand  dollars,  the  same  to  be  in  addition 

to  any  amount  heretofore  appropriated  for  the 

purpose 1,000  00 

Total $2,000  00 

Service  of  the  Treasurer  and  Receiver-General. 

212  For  services  other  than  personal,  traveling  expenses, 
office  supplies  and  equipment,  a  sum  not  exceed- 
ing twenty-seven  hundred  and  fifty  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      ....       $2,750  GO 

State  Board  of  Retirement: 
219  For  services  other  than  personal,  printing  the  an- 
nual report,  and  for  office  supplies  and  equipment, 
a  sum  not  exceeding  six  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose  ....  600  00 

Board  of  Tax  Appeals: 

221  For  personal  services  of  the  members  of  the  board 

and  employees,  a  sum  not  exceeding  forty-five 
thousand  four  hundred  and  twenty-five  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .  .  .        45,425  00 

222  For  services  other  than  personal,  traveling  expenses, 

office  supplies  and  equipment,  and  rent,  a  sum 
not  exceeding  nine  thousand  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose  .....  9,000  00 
The  appropriations  authorized  by  the  two  preceding 
items  are  hereby  made  available  for  services  of 
any  board  created  to  continue  the  work  of  the 
board  of  tax  appeals. 

Total $57,775  00 

Service  of  the  Emergency  Finance  Board. 

223  For  administrative  expenses  of  the  emergency  fi- 

nance board,  a  sum  not  exceeding  five  thousand 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .         .       $5,000  00 

Service  of  the  Stale  Emergency  Public  Works  Commission. 

224  For  expenses  of  the  board  appointed  to  formulate 

projects  or  perform  any  act  necessary  to  enable 
the  commonwealth  to  receive  certain  benefits 
provided  by  the  National  Industrial  Recovery 
Act,  a  sum  not  exceeding  seventy-six  hundred 
and  seventy  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose $7,670  00 


572  Acts,  1937.  —  Chap.  434. 


Service  of  the  Auditor  of  the  Commonwealth. 

Item 

228  For  personal  services  of  deputies  and  other  assist- 
ants, a  sum  not  exceeding  thirteen  hundred  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .         .       $1,300  00 

Service  of  the  Attorney  General's  Department. 

231  For  the  compensation  of  assistants  in  his  office,  and 
for  such  other  legal  and  personal  services  as  may 
be  required,  a  sum  not  exceeding  six  hundred  and 
eighty-two  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose $682  00 

Service  of  the  Department  of  Agriculture. 

Milk  Control  Board: 

252  For  personal  services  of  members  of  the  board  and 
their  employees,  a  sum  not  exceeding  seven  thou- 
sand dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .        $7,000  00 

252a  For  other  administrative  expenses  of  the  board  for 
the  present  and  the  previous  year,  including  office 
expenses,  rent,  travel  and  special  services,  a  sum 
not  exceeding  ninety-seven  hundred  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      ....  9,700  00 


Total $16,700  00 

Service  of  the  Department  of  Conservation. 

Division  of  Forestry: 

274  For  personal  services  of  the  state  fire  warden,  and 

his  assistants,  and  for  other  services,  including 
traveling  expenses  of  the  state  fire  warden  and 
his  assistants,  necessary  supplies  and  equipment 
and  materials  used  in  new  construction  in  the 
forest  fire  prevention  service,  a  sum  not  exceed- 
ing six  thousand  dollars,  the  same  to  be  in  addi- 
tion to  any  funds  allotted  to  Massachusetts  by 
the  federal  authorities,  and  also  in  addition  to 
any  amount  heretofore  appropriated  under  this 
item $6,000  00 

275  For  the  suppression  of  the  gypsy  and  brown  tail 

moths,  and  for  expenses  incidental  thereto,  a  sum 
not  exceeding  five  thousand  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose,  and  any  unexpended  bal- 
ance remaining  at  the  end  of  the  current  fiscal 
year  may  be  used  in  the  succeeding  year     .  .  5,000  00 

276a  For  expenses  of  land  purchases  previously  made,  a 
sum  not  exceeding  eighty-eight  hundred  ninety- 
six  dollars  and  fifty-nine  cents   ....  8,896  59 

Salisbury  Beach  Reservation: 
282  For  the  maintenance  of  Salisbury  beach  reservation, 
a  sum  not  exceeding  five  thousand  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  and  to  be  assessed 
upon  the  cities  and  towns  of  the  commonwealth, 
exclusive  of  those  comprising  the  metropolitan 
parks  district,  but  including  Cohasset,  in  the  man- 


Acts,  1937. —Chap.  434.  573 

Item 

ner  provided  in  section  four  of  chapter  one  hun- 
dred and  thirty-two  A  of  the  General  Laws,  as 
appearing  in  the  Tercentenary  Edition  thereof     .        $5,000  00 

282a  For  expenses  of  certain  Works  Progress  Administra- 
tion projects  for  improvements  at  Sahsbury  beach, 
a  sum  not  exceeding  five  thousand  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose     ....  5,000  00 

282b  For  settling  claims  for  land  taking,  with  the  approval 
of  the  attorney  general,  a  sum  not  exceeding 
twenty-one  hundred  dollars        ....  2,100  00 

Propagation  of  game  birds,  etc. : 
292  For  other  maintenance  expenses  of  game  farms  and 
fish  hatcheries,  and  for  the  propagation  of  game 
birds  and  animals  and  food  fish,  a  sum  not  exceed- 
ing eighty-five  hundred  and  thirty-five  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose         .  .  .  8,535  00 

State  Supervisor  of  Marine  Fisheries: 
301  For  personal  services  of  the  state  supervisor  of  ma- 
rine fisheries  and  his  assistants,  a  sum  not  exceed- 
ing three  hundred  and  fifteen  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .  .  .  .  .  315  00 

Total $40,846  59 

Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Insurance: 

314  For  other  personal  services  of  the  division,  including 

expenses  of  the  board  of  appeal  and  certain  other 
costs  of  supervising  motor  vehicle  liability  insur- 
ance, a  sum  not  exceeding  thirty-five  thousand 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .      $35,000  00 

315  For  other  services,  including  printing  the  annual 

report,  traveling  expenses,  necessary  office  sup- 
plies and  equipment,  and  rent  of  offices,  a  sum 
not  exceeding  twenty-four  hundred  and  fifty  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  2,450  00 


Total $37,450  00 

Service  of  the  Department  of  Corporations  and  Taxation. 

Corporations  and  Tax  Divisions: 
322     For  expenses  of  the  department  for  legal  services, 
evidence  and  other  information  relative  to  a  cer- 
tain domicile  case,  a  sum  not  exceeding  five  thou- 
sand dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose        $5,000  00 
323a  (This  item  omitted.) 
323b  (This  item  omitted.) 

Division  of  Accounts: 
329     For  the  administrative  expenses  of  the  county  per- 
sonnel board,  a  sum  not  exceeding  three  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  300  00 

Total $5,300  00 


574  Acts,  1937.  —  Chap.  434. 


Service  of  the  Department  of  Education. 
Item 

332  For  personal  services  of  officers,  agents,  clerks, 
stenographers  and  other  assistants,  but  not  in- 
cluding those  employed  in  university  extension 
work,  a  sum  not  exceeding  one  hundred  and  fifty 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  $150  00 

343  For  the  training  of  teachers  for  vocational  schools,  to 
comply  with  the  requirements  of  federal  authori- 
ties under  the  provisions  of  the  Smith-Hughes  act, 
so  called,  a  sum  not  exceeding  one  hundred  and 
twenty  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  120  00 

University  Extension  Courses: 
351     For  personal  services,  a  sum  not  exceeding  seventy- 
six  hundred  and  twenty  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropri- 
ated for  the  purpose  .....         7,620  00 

Division  of  the  Blind: 

360  For  maintenance  of  Woolson  House  industries,  so 
called,  to  be  expended  under  the  authority  of  said 
division,  a  sum  not  exceeding  three  thousand  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  3,000  00 

362  For  instruction  of  the  adult  blind  in  their  homes,  a 
sum  not  exceeding  five  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose         ....  500  00 

Teachers'  Retirement  Board: 
3G0     For  personal  services  of  employees,  a  sum  not  ex- 
ceeding sixty  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose  ........  60  00 

Massachusetts  Nautical  School: 
371     For  personal  services  of  the  secretary  and  office  as- 
sistants, a  sum  not  exceeding  sixty  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      ....  60  00 

For  the  maintenance  of  and  for  certain  improve- 
ments at  the  state  teachers'  colleges,  and  the 
boarding  halls  attached  thereto,  with  the  ap- 
proval of  the  commissioner  of  education,  as 
follows : 

374  State  teachers'  college  at  Bridgewater,  a  sum  not 
exceeding  twenty-two  hundred  and  sixty  dollars, 
the  same  to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose    .  .  .  2,260  00 

377  State  teachers'  college  at  Fitchburg,  a  sum  not  ex- 
ceeding sixteen  hundred  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....  1,600  00 

380  State  teachers'  college  at  Framingham,  a  sum  not 
exceeding  ten  hundred  and  ten  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....  1,010  00 

382  State  teachers'  college  at  Hyannis,  a  sum  not  ex- 
ceeding twenty-five  hundred  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....         2,500  00 


Acts,  1937.  —  Chap.  434.  575 

Item 

387  State  teachers'  college  at  Salem,  a  sum  not  exceed- 

ing eight  hundred  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for 
the  purpose $800  00 

388  State  teachers'  college  at  Westficld,  a  sum  not  ex- 

ceeding seventy-five  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose  ......  75  00 

390  State  teachers'  college  at  Worcester,  a  sum  not  ex- 
ceeding four  hundred  and  sixty  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....  460  00 

392  Massachusetts  School  of  Art,  a  sum  not  exceeding 
one  thousand  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose 1,000  00 

Massachusetts  State  College: 

397  For  maintenance  and  current  expenses  of  the  Massa- 
chusetts state  college,  with  the  approval  of  the 
trustees,  a  sum  not  exceeding  sixty-eight  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose      .  .  6,800  00 

409a  For  the  purchase  of  furnishings  for  the  renovated 
library  building,  a  sum  not  exceeding  forty-five 
hundred  dollars 4,500  00 

Total $32,515  00 

Sendee  of  the  Department  of  Civil  Service  and  Registration. 

Division  of  Civil  Service: 
412     For  other  personal  services  of  the  division,  a  sum 
not  exceeding  fifty-six  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose     .....       $5,600  00 

Division  of  Registration: 
415     For  clerical  and  certain  other  personal  services  of 
the  division,  a  sum  not  exceeding  six  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  600  00 

Board  of  Registration  in  Embalming  and  Funeral 
Directing: 
429     For  traveling  expenses,  a  sum  not  exceeding  six 
hundred  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .  600  00 

Board  of  Registration  of  Barbers: 
442     For  travel  and  other  necessary  expenses,  a  sum  not 
exceeding  twelve  hundred  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated 
for  the  purpose  ......  1,200  00 

Total $8,000  00 

Service  of  the  Department  of  Industrial  Accidents. 

446  For  personal  services  of  secretaries,  medical  adviser, 
inspectors,  clerks  and  office  assistants,  a  sum  not 
exceeding  ninety  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for  the 
purpose $90  00 


576  Acts,  1937.  —  Chap.  434. 


Service  of  the  Department  of  Labor  and  Industries. 

Item 

457  For  personal  services  for  the  division  on  necessaries 
of  life,  a  sum  not  exceeding  eight  hundred  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .  .  .  $800  00 

459  For  clerical  and  other  assistance  for  the  board  of 

conciliation  and  arbitration,  a  sum  not  exceeding 
sixty-six  hundred  and  twenty  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....  6,620  00 

460  For  other  services,  printing,  traveling  expenses  and 

office  supplies  and  equipment  for  the  board  of 
conciliation  and  arbitration,  a  sum  not  exceeding 
fifteen  hundred  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose 1,500  00 

Total $8,920  00 

Service  of  the  Department  of  Mental  Diseases. 

469  For  the  support  of  state  charges  in  the  Hospital 
Cottages  for  Children,  a  sum  not  exceeding  thir- 
teen hundred  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the  pur- 
pose          $1,300  00 

For  the  maintenance  of  and  for  certain  improve- 
ments at  the  following  institutions  under  the 
control  of  the  Department  of  Mental  Diseases: 

472  Boston  psychopathic  hospital,  a  sum  not  exceeding 

three  thousand  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose 3,000  00 

473  Boston  state  hospital,  a  sum  not  exceeding  ninety- 

three  thousand  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose 93,000  00 

476  Danvers  state  hospital,  a  sum  not  exceeding  forty- 
eight  thousand  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose 48,000  00 

479  Foxborough  state  hospital,  a  sum  not  exceeding 
twenty-three  thousand  seven  hundred  and  sixty 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .        23,760  00 

482  Gardner  state  hospital,  a  sum  not  exceeding  thirty- 
three  thousand  one  hundred  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....        33,100  00 

486  Grafton  state  hospital,  a  sum  not  exceeding  twenty- 
seven  thousand  nine  hundred  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....        27,900  00 

491  Medfield  state  hospital,  a  sum  not  exceeding  thirty- 
one  thousand  one  hundred  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....        31,100  00 

495  Metropolitan  state  hospital,  a  sum  not  exceeding 
twenty-four  thousand  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose 24,000  00 


Acts,  1937.  —  Chap.  434.  577 

Item 

499  Northampton  state  hospital,  a  sum  not  exceeding 
twenty-three  thousand  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose $23,000  00 

503a  For  the  purchase  and  installation  of  food  elevators 
at  the  Northampton  state  hospital,  a  sum  not 
exceeding  thirty-five  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....  3,500  00 

504  Taunton  state  hospital,  a  sum  not  exceeding  twenty 
thousand  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the  pur- 
pose          20,000  00 

506a  For  services  and  materials  for  use  in  connection  with 
Works  Progress  Administration  projects  at  the 
Taunton  state  hospital,  a  sum  not  exceeding  fifteen 
thousand  dollars 15,000  00 

506b  For  renovating  and  fireproofing  certain  wards  at  the 
Taunton  state  hospital  previously  used  for  infir- 
mary purposes,  a  sum  not  exceeding  one  hundred 
thousand  dollars 100,000  00 

508  Westborough  state  hospital,  a  sum  not  exceeding 
twelve  thousand  nine  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....        12,900  00 

513a  For  resurfacing  sewer  beds  at  the  Westborough 
state  hospital,  a  sum  not  exceeding  fifty-five  hun- 
dred dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .  5,500  00 

514  Worcester  state  hospital,  a  sum  not  exceeding  thirty- 
four  thousand  eight  hundred  and  sixty  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose     ....        34,860  00 

515a  For  the  expense  of  installing  a  fire  alarm  system  at 
the  Worcester  state  hospital,  a  sum  not  exceed- 
ing nine  thousand  dollars  ....  9,000  00 

516  Monson  state  hospital,  a  sum  not  exceeding  twenty- 
two  thousand  seven  hundred  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose       .....        22,700  00 

520  Belchertown  state  school,  a  sum  not  exceeding  six- 
teen thousand  nine  hundred  and  sixty-five  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .        16,965  00 

524  Walter  E.  Fernald  state  school,  a  sum  not  exceeding 
twelve  thousand  seven  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....        12,700  00 

529  Wrentham  state  school,  a  sum  not  exceeding  nine- 
teen thousand  six  hundred  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated 
for  the  purpose 19,600  00 


Total $580,885  00 

Service  of  the  Department  of  Correction. 

532  For  personal  services  of  deputies,  members  of  the 
board  of  parole  and  advisory  board  of  pardons, 
agents,  clerks  and  stenographers,  a  sum  not  ex- 
ceeding nine  hundred  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose $900  00 


578  Acts,  1937.  —  Chap.  434. 

Item 

For  the   maintenance  of  the  following  institu- 
tions, under  the  control  of  the  Department  of 
Correction,  to  be  in  addition  to  any  amounts 
heretofore  appropriated  for  the  purpose: 
539     State  farm,  a  sum  not  exceeding  twenty-one  thou- 
sand nine  hundred  and  sixty  dollars     .  .  .      $21,960  00 

546  State  prison,  a  sum  not  exceeding  ten  thousand  dol- 

lars   10,000  00 

547  Massachusetts  reformatory,  a  sum  not  exceeding 

thirteen  thousand  seven  hundred  dollars,  which 
sum  includes  one  hundred  thirty-seven  dollars 
and  ten  cents  for  medical  attendance  on  account 
of  injuries  received  by  a  certain  officer         .  .        13,700  00 

550     Reformatory  for  women,  a  sum  not  exceeding  seven 

thousand  dollars 7,000  00 

Total  ........     $53,560  00 

Service  of  the  Department  of  Public  Welfare. 

Administration : 
558     For  personal  services  of  officers  and  employees,  a 
sum  not  exceeding  six  hundred  and  sixty  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .  .  .  $660  00 

560  (This  item  omitted.) 

561  (This  item  omitted.) 

Division  of  Aid  and  Relief: 

562  For  personal  services  of  officers  and  employees,  a 

sum  not  exceeding  fifty-one  hundred  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      ....  5,100  00 

563  For  services  other  than  personal,  including  travel- 

ing expenses  and  office  supplies  and  equipment, 
a  sum  not  exceeding  twelve  hundred  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      ....         1,200  00 

Division  of  Juvenile  Training,  Trustees  of  Massa- 
chusetts Training  Schools: 
575  For  services  of  the  secretary  and  certain  other  per- 
sons employed  in  the  executive  office,  a  sum  not 
exceeding  two  hundred  and  twenty-five  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .  .  .  225  00 

Boys'  Parole: 
578  For  services  other  than  personal,  including  traveling 
expenses  of  the  agents  and  boys,  and  necessary 
office  supplies  and  equipment,  a  sum  not  exceed- 
ing five  hundred  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose  ........  500  00 

Girls'  Parole: 
581  For  traveling  expenses  of  said  agents  for  girls  pa- 
roled, for  board,  medical  and  other  care  of  girls, 
and  for  services  other  than  personal,  office  sup- 
plies and  equipment,  a  sum  not  exceeding  five 
hundred  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the 
purpose  ........  500  00 


Acts,  1937. —Chap.  434.  579 


Item 


For  the  maintenance  of  the  institutions  under  the 
control  of  the  trustees  of  the  Massachusetts 
training  schools,  with  the  approval  of  said  trus- 
tees, and  to  be  in  addition  to  any  amounts  here- 
tofore appropriated  for  the  purpose,  as  follows: 
583     Industrial  school  for  boys,   a  sum  not  exceeding 

forty-eight  hundred  dollars         ....        $4,800  00 
585     Industrial   school   for  girls,   a  sum  not  exceeding 

sixty-six  hundred  and  ninety  dollars  .  .  .  6,690  00 

587     Lyman  school  for  boys,  a  sum  not  exceeding  sixty- 
seven  hundred  and  fifty  dollars  .  .  .  6,750  00 

Massachusetts  Hospital  School: 
589  For  the  maintenance  of  the  Massachusetts  hospital 
school,  to  be  expended  with  the  approval  of  the 
trustees  thereof  and  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose, 
a  sum  not  exceeding  five  thousand  dollars  .  .  5,000  00 

State  Infirmary: 
591  For  the  maintenance  of  the  state  infirmary,  to  be 
expended  with  the  approval  of  the  trustees  thereof 
and  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose,  a  sum  not  exceed- 
ing fifty-one  thousand  seven  hundred  dollars      .        51,700  00 


Total $83,125  00 

Service  of  the  Department  of  Public  Health. 

Service  of  Adult  Hygiene  (cancer) : 
598     For  personal  services  of  the  division,  including  cancer 
clinics,  a  sum  not  exceeding  one  hundred  and  fifty 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  $150  00 

Service  of  Child  and  Maternal  Hygiene: 
600     For  personal  services  of  the  director  and  assistants, 
a  sum  not  exceeding  one  hundred  and  fifty  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .  .  .  150  00 

Venereal  Diseases: 
606     For  personal  services  for  the  control  of  venereal  dis- 
eases, a  sum  not  exceeding  one  hundred  and  fifty 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  pilrpose       .  .  150  00 

Water  Supply  and  Disposal  of  Sewage: 
616  For  personal  services  of  directors,  engineers,  chem- 
ists, clerks  and  other  assistants  in  the  division  of 
engineering  and  the  division  of  laboratories,  a 
sum  not  exceeding  five  hundred  and  seventy  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  570  00 

Division  of  Tuberculosis: 
618  For  personal  services  of  the  director,  stenographers, 
clerks  and  other  assistants,  a  sum  not  exceeding 
one  hundred  and  ninety-five  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .  .  .  .  .  195  00 


580  Acts,  1937.  —  Chap.  434. 

Item 

For  the  maintenance  of  and  for  certain  improve- 
ments at  the  sanatoria,  as  follows: 

626  Lakeville  state  sanatorium,  a  sum  not  exceeding 
sixty-seven  hundred  and  fifty  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....        $6,750  00 

628  North  Reading  state  sanatorium,  a  sum  not  exceed- 
ing thirty-three  hundred  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropri- 
ated for  the  purpose  .....  3,300  00 

630  For  making  certain  connections  to  improve  the 
water  supply  at  the  North  Reading  state  sana- 
torium, a  sum  not  exceeding  two  hundred  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .  .  .  200  00 

633  Rutland  state  sanatorium,  a  sum  not  exceeding  forty- 
five  hundred  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose  ........         4,500  00 

635  Westfield  state  sanatorium,  a  sum  not  exceeding 
forty-six  hundred  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for 
the  purpose 4,600  00 

637c  For  maintenance  of  the  service  to  be  initiated  at  the 
Westfield  state  sanatorium  for  cancer  and  adult 
tuberculosis  in  the  group  of  buildings  recently 
completed,  a  sum  not  exceeding  thirty-seven  thou- 
sand three  hundred  dollars         ....        37,300  00 

Pondville  Hospital: 
638  For  maintenance  of  the  Pondville  hospital,  includ- 
ing care  of  radium,  a  sum  not  exceeding  sixty-two 
hundred  and  fifty  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for 
the  purpose      .......  6,250  00 

Total $64,115  00 

Service  of  the  Department  of  Public  Safety. 

Administration : 

642  For  personal  services  of  clerks  and  stenographers, 

a  sum  not  exceeding  two  hundred  and  forty  dol- 
lars, the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose      .  .  $240  00 

643  For    contingent    expenses,    including    printing   the 

annual  report,  rent  of  district  offices,  supplies  and 
equipment,  and  all  other  things  necessary  for  the 
investigation  of  fires  and  motion  picture  licenses, 
as  required  by  law,  and  for  expenses  of  administer- 
ing the  law  regulating  the  sale  and  resale  of  tickets 
to  theatres  and  other  places  of  public  amusement 
by  the  department  of  public  safety,  a  sum  not 
exceeding  five  hundred  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose         ......  500  00 

Division  of  State  Police: 

644  For  the  salaries  of  officers,  including  detectives,  a 

sum  not  exceeding  fifty-eight  hundred  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      ....  5,800  00 

645  For  personal  services  of  civilian  employees,  a  sum 

not  exceeding  seven  hundred  and  eighty  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .         .         ,  780  00 


Acts,  1937. —Chap.  434.  581 

Item 

646  For  other  necessary  expenses  of  the  uniformed  divi- 
sion, including  traveling  expenses  of  detectives, 
a  sum  not  exceeding  six  hundred  and  ninety-eight 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  $698  00 

State  Boxing  Commission: 
662     For  other  expenses  of  the  commission,  a  sum  not 
exceeding  fifteen  hundred  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated 
for  the  purpose  ......  1,500  00 

Total $9,518  00 

Service  of  the  Department  of  Public  Works. 

Functions  of  the  department  relating  to  highways 
(the  following  appropriations,  except  as  other- 
wise provided,   are  made  from  the  Highway 
Fund) : 
667     For  the  maintenance  and  operation  of  the  public 
works  building,  a  sum  not  exceeding  thirty-five 
hundred  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose       $3,500  00 
672     For  the  construction  and  repair  of  town  and  county 
ways,  a  sum  not  exceeding  two  hundred  thousand 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  therefor         .  .  .      200,000  00 

674  For  the  maintenance  and  repair  of  state  highways, 

including  care  of  snow  on  highways,  expenses  of 
traffic  signs  and  lights;  for  payment  of  damages 
caused  by  defects  in  state  highways,  with  the  ap- 
proval of  the  attorney  general ;  for  care  and  repair 
of  road-building  machinery;  and  for  the  main- 
tenance of  a  nursery  for  roadside  planting,  a  sum 
not  exceeding  three  hundred  and  fifty  thousand 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .      350,000  00 

675  For  the  purpose  of  enabling  the  department  of  pub- 

lic works  to  secure  federal  aid  for  the  construction 
and  reconstruction  of  highways,  including  bridges, 
a  sum  not  exceeding  three  hundred  and  fifty  thou- 
sand dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  therefor     .  .      350,000  00 

676  For  administering  the  law  relative  to  advertising 

signs  near  highways,  a  sum  not  exceeding  four 
thousand  dollars,  to  be  paid  from  the  General 
Fund  and  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .  .  .  4,000  00 

Registration  of  Motor  Vehicles: 

679  For  services  other  than  personal,  including  traveling 

expenses,  purchase  of  necessary  supplies  and  ma- 
terials, including  cartage  and  storage  of  the  same, 
and  for  work  incidental  to  the  registration  and 
licensing  of  owners  and  operators  of  motor  vehi- 
cles, a  sum  not  exceeding  thirteen  thousand  dol- 
lars, to  be  paid  from  the  Highway  Fund  and  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....        13,000  00 

680  (This  item  omitted.) 
693     (This  item  omitted.) 

693a  For  dredging  at  or  near  the  public  town  wharf  at 
Provincetown,  a  sum  not  exceeding  four  thousand 
dollars 4,000  00 


582  Acts,  1937.  —  Chap.  434. 

Item 

Functions  of  the  department  relating  to  Port  of 
Boston  (the  following  items  are  to  be  paid  from 
the  Port  of  Boston  receipts) : 

696  For  the  supervision  and  operation  of  commonwealth 

pier  five,  including  the  salaries  or  other  compen- 
sation of  employees,  and  for  the  repair  and  re- 
placement of  equipment  and  other  property,  a 
sum  not  exceeding  three  thousand  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose     ....        $3,000  00 

697  For  the  maintenance  of  pier  one,  at  East  Boston,  a 

sum  not  exceeding  two  thousand  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose  ....  2,000  00 

700  For  the  cost  of  inspection  of  structures  in  tidewater 
within  Boston  harbor,  a  sum  not  to  exceed  three 
thousand  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  therefor     .  3,000  00 

700a  (This  item  omitted.) 

Total $932,500  00 

Service  of  the  Department  of  Public  Utilities. 

702  For  personal  services  of  secretaries,  employees  of  the 
accounting  department,  engineering  department, 
and  rate  and  tariff  department,  a  sum  not  exceed- 
ing ninety  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the  pur- 
pose          $90  00 

708  For  other  services,  printing  the  annual  report,  for 
rent  of  offices  and  for  necessary  office  supplies  and 
equipment,  a  sum  not  exceeding  eight  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .         .  800  00 

Total $890  00 

Miscellaneous. 

The  following  items  are  to  be  paid  from  the  High- 
way Fund,  with  the  approval  of  the  metropoli- 
tan district  commission: 

722  For  maintenance  of  boulevards  and  parkways,  a  sum 
not  exceeding  fourteen  thousand  three  hundred 
and  ninety-five  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose $14,395  00 

724  For  expenses  of  supplies  and  services  necessary  for 
procuring  Works  Progress  Administration  funds, 
a  sum  not  exceeding  sixteen  thousand  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      ....        16,000  00 

726a  For  the  purchase  and  erection  of  tablets  for  certain 
bridges,  a  sum  not  exceeding  fifteen  hundred 
dollars 1,500  00 

Total  ........      $31,895  00 

Unclassified  Accounts  and  Claims. 

730  For  the  compensation  of  state  police  officers  for- 
merly in  the  service  of  the  commonwealth,  and  now 
retired,  a  sum  not  exceeding  one  hundred  twenty- 
two  dollars  and  fifty-four  cents,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose         ......  $122  54 


Acts,  1937. —Chap.  434.  583 

Other  Appropriations. 

Item 

5  For  the  salaries  of  the  clerk  of  the  senate  and  the 

clerk  of  the  house  of  representatives,  a  sum  not 
exceeding  eighteen  hundred  and  fifty  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      ....        $1,850  00 

6  For  the  salaries  of  the  assistant  clerk  of  the  senate 

and  the  assistant  clerk  of  the  house  of  representa- 
tives, a  sum  not  exceeding  thirteen  hundred  and 
seventy-five  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the  pur- 
pose         1,375  00 

83  For  the  salaries  of  the  district  attorney  and  assist- 
ants for  the  southern  district,  a  sum  not  exceed- 
ing twelve  hvmdred  and  fifteen  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose  .....  1,215  00 
90  For  personal  services  in  the  examination  of  titles, 
for  publishing  and  serving  citations  and  other 
services,  traveling  expenses,  supplies  and  office 
equipment,  and  for  the  preparation  of  sectional 
plans  showing  registered  land,  a  sum  not  exceed- 
ing one  thousand  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for 
the  purpose 1,000  00 

163a  For  expenses  of  the  Grand  Army  of  the  Republic, 
Department  of  Massachusetts,  as  authorized  by 
chapter  six  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  one  thousand  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .  .  ...  .  1,000  00 

163b  For  the  expense  of  providing  lettering  under  a  cer- 
tain mural  painting  relative  to  disabled  veterans, 
as  authorized  by  chapter  eighteen  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  four 
hundred  dollars 400  00 

163c  For  expense  of  a  mural  painting  commemorating  the 
sacrifices  of  World  War  mothers,  as  authorized  by 
chapter  nineteen  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  five  hundred  dollars     .  500  00 

366  For  personal  services  for  teachers'  retirement  board, 

a  sum  not  exceeding  eight  hundred  and  twenty- 
five  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  purpose  .  825  00 

367  For  services  other  than  personal  for  teachers'  retire- 

ment board,  including  printing  the  annual  report, 
traveling  expenses,  office  supplies  and  equipment, 
and  rent,  a  sum  not  exceeding  twelve  hundred  and 
seventy-five  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  the 
purpose 1,275  00 

417  For  personal  services  of  the  members  of  the  board  of 
registration  in  medicine,  a  sum  not  exceeding  ten 
hundred  and  twenty-five  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose  ......  1,025  00 

732  For  the  compensation  of  certain  public  employees 
for  injuries  sustained  in  the  course  of  their  employ- 
ment, for  present  and  previous  years,  as  provided 
by  section  sixty-nine  of  chapter  one  hundred  and 
fifty-two  of  the  General  Laws,  as  amended,  a  sum 
not  exceeding  twenty  thousand  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .....       20,000  00 


584  Acts,  1937.  —  Chap.  434. 

Item 

758b  For  expenses  for  diverting  the  waters  of  East  Wau- 
shacum  pond  in  the  town  of  Sterhng,  as  author- 
ized by  chapter  two  hundred  and  twenty-five  of 
the  acts  of  the  present  year,  a  sum  not  exceeding 
twenty-five  hundred  dollars,  to  be  assessed  as  a 
part  of  the  cost  of  the  metropoUtan  water  main- 
tenance   $2,500  00 

36b  For  an  investigation  of  the  department  of  mental 
diseases,  as  authorized  by  chapter  seven  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding 
seven  thousand  dollars       .....  7,000  00 

36c  For  an  investigation  relative  to  the  improvement  of 
conditions  at  Musquashiat  pond  in  the  town  of 
Scituate,  as  authorized  by  chapter  thirteen  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding 
three  thousand  dollars       .....  3,000  00 

36d  For  an  investigation  relative  to  the  World's  Fair, 
as  authorized  by  chapter  seventeen  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  twenty- 
five  hundred  dollars 2,500  00 

36e  For  an  investigation  relative  to  dredging  and  im- 
proving the  channel  of  the  Neponset  river,  as 
authorized  by  chapter  twenty-one  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  twenty- 
two  hundred  dollars 2,200  00 

36f  For  an  investigation  relative  to  the  state  contribu- 
tory system  of  pensions,  as  authorized  by  chapter 
twenty-six  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  twenty-five  hundred  dollars  .  2,500  00 

36g  For  an  investigation  relative  to  rules  and  regula- 
tions made  by  departments  of  the  commonwealth, 
as  authorized  by  chapter  twenty-five  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding 
five  hundred  dollars  .....  500  00 

36h  For  an  investigation  relative  to  the  Communistic, 
Fascist,  Nazi  and  other  subversive  organizations, 
as  authorized  by  chapter  thirty-two  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  three 
thousand  dollars 3,000  00 

36i  For  an  investigation  relative  to  transportation  of 
property  by  motor  vehicles,  as  authorized  by 
chapter  thirty-three  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  five  thousand  dollars   .  5,000  00 

36j  For  an  investigation  relative  to  the  promotion  and 
sale  of  securities,  as  authorized  by  chapter  thirty- 
seven  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  fifteen  hundred  dollars         .  .  .  1,500  00 

36k  For  certain  expenses  in  connection  with  the  inter- 
state legislative  assembly  and  the  commission  on 
conflicting  taxation  to  be  expended  in  accordance 
with  the  provisions  of  chapter  thirty-six  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding 
one  thousand  dollars  .....  1,000  00 

361  For  an  investigation  relative  to  certain  laws  affecting 
education,  as  authorized  by  chapter  thirty-eight 
of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding fifteen  hundred  dollars  ....         1,500  00 

Total $62,665  00 


Item 


Acts,  1937.  —  Chap.  434.  585 


Deficiencies. 

For  deficiencies  in  certain  appropriations  of  pre- 
vious years,  in  certain  items,  as  follows: 

For  Exhibition  of  Fishing  Schooner  "Gertrude  L.  Thebaud." 

For  expenses  of  an  exhibition  of  the  fishing  schooner 
"Gertrude  L.  Thebaud"  at  the  exposition  in 
Chicago,  as  authorized  by  chapter  forty-one  of  the 
resolves  of  nineteen  hundred  and  thirty-three,  the 
sum  of  thirty-one  dollars  and  ninety-seven  cents  .  $31  97 

Service  of  the  Adjutant  General. 

For  expenses  of  the  national  guard  convention  and 
for  expenses  not  otherwise  provided  for  in  con- 
nection with  military  matters  and  accounts,  the 
sum  of  one  hundred  ten  dollars  and  eighty-three 
cents 110  83 

Service  of  the  Militia. 

For  expenses  of  maintaining  an  aero  squadron,  the 

sum  of  eighty-seven  dollars  and  fifty  cents   .  .  87  50 

Service  of  the  Attorney  General's  Department. 

For  the  compensation  of  assistants  in  his  office,  and 
for  such  other  legal  and  personal  services  as  may 
be  required,  the  sum  of  three  hundred  and  seventy- 
four  dollars 374  00 

Service  of  the  Department  of  Agriculture. 

Division  of  Markets: 
For  other  expenses,  the  sum  of  eighty-three  dollars 
and  forty-seven  cents        .         .         ,         .         .  83  47 

Service  of  the  Department  of  Education. 

For  the  reimbursement  of  certain  towns  for  the  pay- 
ment of  tuition  of  pupils  attending  high  schools 
outside  the  towns  in  which  they  reside,  as  pro- 
vided by  law,  the  sum  of  thirty-one  dollars  and 
fifty  cents 31  50 

English-speaking  Classes  for  Adults: 
For  reimbursement  of  certain  cities  and  towns,  the 
sum  of  six  hundred  forty-eight  dollars  and  seventy- 
two  cents 648  72 


Service  of  the  Department  of  Public  Works. 

For  the  maintenance  and  repair  of  state  highways, 
including  care  of  snow  on  highways,  expenses  of 
traffic  signs  and  lights;  for  payment  of  damages 
caused  by  defects  in  state  highways,  with  the  ap- 
proval of  the  attorney  general;  for  care  and  repair 
of  road-building  machinery;  and  for  the  mainte- 
nance of  a  nursery  for  roadside  planting,  the  sum 
of  forty-five  dollars  and  sixteen  cents,  to  be  paid 
from  the  Highway  Fund    .  .  .  .  .  45  16 


586  Acts,  1937.  —  Chap.  434. 

Item 

For  the  supervision  and  operation  of  commonwealth 
pier  five,  including  the  salaries  or  other  compen- 
sation of  employees,  and  for  the  repair  and  re- 
placement of  equipment  and  other  property,  the 
sum  of  eighty-eight  dollars  and  fifty-nine  cents    .  $88  59 

Total $1,501  74 

Metropolitan  District  Commission. 

The  following  items  are  to  be  assessed  upon  the 
several  districts  in  accordance  with  the  methods 
fixed  by  law,  unless  otherwise  provided,  and  to 
be  expended  under  the  direction  and  with  the 
approval  of  the  metropohtan  district  commis- 
sion: 

739  For  maintenance  of  the  Charles  River  basin,  includ- 

ing retirement  of  soldiers  under  the  provisions  of 
the  General  Laws,  a  sum  not  exceeding  twelve 
hundred  and  fifteen  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated 
for  the  purpose $1,215  00 

740  For  maintenance  of  park  reservations,  including  the 

purchase  of  land  and  the  retirement  of  soldiers 
under  the  provisions  of  the  General  Laws,  a  sum 
not  exceeding  seventy-two  hundred  and  eighty 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .  .  7,280  00 

742  For  expense  of  supplies  and  services  necessary  for 
procuring  Works  Progress  Administration  funds, 
a  sum  not  exceeding  fourteen  thousand  dollars, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  and  to  be  as- 
sessed as  part  of  the  cost  of  maintenance  of  parks 
reservations     .......        14,000  00 

746a  For  the  cost  of  repairs  for  the  protection  of  a  certain 
sea  wall  at  Winthrop,  a  sum  not  exceeding  four 
thousand  dollars,  to  be  assessed  as  part  of  the  cost 
of  maintenance  of  parks  reservations  .  .  4,000  00 

746b  For  the  cost  of  repairs  to  shelters  at  Revere  beach, 
a  sum  not  exceeding  ten  thousand  dollars,  to  be 
assessed  as  part  of  the  cost  of  maintenance  of 
parks  reservations     ......        10,000  00 

746c  For  extension  of  sewer  at  Nahant  beach,  a  sum  not 
exceeding  twelve  hundred  dollars,  to  be  assessed 
as  part  of  the  cost  of  maintenance  of  parks  reser- 
vations and  to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose    .  .  .  1,200  00 

746d  For  the  cost  of  renovating  the  Magazine  Beach  bath 
house,  so  called,  a  sum  not  exceeding  fifteen  thou- 
sand dollars,  to  be  assessed  as  part  of  the  cost  of 
maintenance  of  parks  reservations      .  .  .        15,000  00 

746e  For  expenses  of  making  certain  investigations  au- 
thorized by  resolves  of  the  present  year,  a  sum 
not  exceeding  forty-five  hundred  dollars,  to  be 
assessed  as  part  of  the  cost  of  maintenance  of  parks 
reservations     .......  4,500  00 

746f  For  the  cost  of  repairing  storm  damages  at  Revere, 
Winthrop  and  Quincy  shores,  a  sum  not  exceeding 
two  thousand  dollars,  to  be  assessed  as  part  of  the 
cost  of  maintenance  of  parks  reservations    .  .  2,000  00 

746g  For  the  contribution  towards  the  cost  of  dredging 
Savin  Hill  basin,  under  the  direction  of  the  de- 
partment of  public  works,  a  sum  not  exceeding 
three  thousand  dollars,  to  be  assessed  as  part  of 
the  cost  of  maintenance  of  parks  reservations      .         3,000  00 


Acts,  1937.  —  Chap.  434.  587 

Item 

748  For  maintenance  of  the  Nantasket  Beach  reserva- 
tion, a  sum  not  exceeding  six  hundred  and  ten 
dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose      .  .  $610  00 

750  For  the  maintenance  and  operation  of  a  system  of 
sewage  disposal  for  the  north  metropolitan  sewer- 
age district,  a  sum  not  exceeding  five  hundred  and 
forty  dollars,  including  retirement  of  soldiers  under 
the  provisions  of  the  General  Laws,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated 
for  the  purpose  ......  540  00 

754  For  the  maintenance  and  operation  of  a  system  of 
sewage  disposal  for  the  south  metropolitan  sew- 
erage district,  a  sum  not  exceeding  nine  hundred 
and  forty-five  dollars,  including  retirement  of  sol- 
diers under  the  provisions  of  the  General  Laws, 
the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        .  .  .  945  00 

758a  For  the  cost  of  repairs  on  account  of  damage  to 
water  main  on  Cross  street  in  the  city  of  Maiden, 
a  sum  not  exceeding  ten  thousand  dollars,  to  be 
assessed  as  a  part  of  the  cost  of  the  metropolitan 
water  maintenance  ......        10,000  00 


Total $74,290  00 

General  and  Highway  Funds  .  .  .  $2,163,935  87 

Metropolitan  District  Commission         .         .         .       76,790  00 

Section  3.    The  following  amendments  and  transfers  are 
hereby  authorized  in  appropriations  previously  made: 

Payments  to  Soldiers. 

Item  215  of  chapter  two  hundred  and  thirty-four  of  the  acts  of  the 

present  year  is  hereby  amended  by  striking  out  all  after  the  word 

"dollars"  in  the  fourth  line. 
Item  216  of  chapter  two  hundred  and  thirty-four  of  the  acts  of  the 

present  year  is  hereby  amended  by  striking  out  all  after  the  word 

"dollars"  in  the  third  line. 

Massachusetts  State  College. 

The  appropriation  of  three  thousand  dollars  made  by  Item  394e 
of  chapter  four  hundred  and  ninety-seven  of  the  acts  of  nineteen 
hundred  and  thirty-five,  for  the  cost  of  materials  and  trucking  in 
connection  with  the  construction  of  tennis  courts,  is  hereby 
reappropriated. 

Department  of  Mental  Diseases. 

Item  475a  of  chapter  two  hundred  and  thirty-four  of  the  acts  of  the 
present  year  is  hereby  amended  by  striking  out  all  after  the  word 
"thereto"  in  the  third  line  and  inserting  in  place  thereof  the  words 
"for  the  buildings  locally  known  as  East  A,  B,  C,  D,  E  and  F  and 
West  A,  B,  C,  D,  F  and  G,  a  sum  not  exceeding  twenty  thousand 
dollars". 

The  unexpended  balance  of  the  appropriation  made  by  Item  458  of 
chapter  two  hundred  and  fortj^-nine  of  the  acts  of  nineteen  hundred 
and  thirty-five,  for  the  purchase  and  erection  of  a  certain  iron  fence 
at  the  Boston  state  hospital,  is  hereby  reappropriated. 

The  unexpended  balance  of  the  appropriation  made  by  Item  471  of 
chapter  two  hundred  and  forty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-five,  for  fire  protection  at  the  Gardner  state  hospital, 
is  hereby  reappropriated. 


588  Acts,  1937.  —  Chap.  434. 

The  unexpended  balance  of  the  appropriation  made  by  Item  478  of 
chapter  two  hundred  and  forty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-five,  for  the  renovation  and  improvement  of  toilets  and 
baths  at  the  Medfield  state  hospital,  is  hereby  reappropriated,  and 
the  appropriation  made  by  Item  492  of  chapter  two  hundred  and 
thirty-four  of  the  acts  of  the  present  year  is  hereby  made  in  addi- 
tion to  the  sums  heretofore  made  for  the  purpose. 

Item  483  of  chapter  three  hundred  and  four  of  the  acts  of  nineteen 
hundred  and  thirty-six  is  hereby  amended  by  striking  out  said 
item  and  inserting  in  place  thereof  the  following:  "Item  483.  For 
grading  and  constructing  roads  within  the  property  of  the  Metro- 
politan state  hospital,  a  sum  not  exceeding  twenty  thousand  dollars. 
The  work  of  constructing  the  roads  and  the  letting  of  the  contract 
shall  be  done  under  the  supervision  of  the  state  department  of 
public  works." 

Department  of  Correction. 

The  unexpended  balance  of  the  appropriation  made  by  Item  528  of 
chapter  two  hundred  and  forty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-five,  for  miscellaneous  improvements  at  the  reformatory 
for  women,  is  hereby  reappropriated. 

Department  of  Public  Health. 

Item  627a  of  chapter  two  hundred  and  thirty-four  of  the  acts  of  the 
present  year  is  hereby  amended  by  striking  out  the  same  and  insert- 
ing in  place  thereof  the  following:  "Item  627a.  For  the  construc- 
tion of  beds,  tanks,  sewers  and  appurtenances  and  the  purchase  of 
certain  equipment  for  the  disposal  of  sewage  at  the  Lakeville  state 
sanatorium,  a  sum  not  exceeding  forty-one  hundred  and  fifty  dollars." 

The  appropriation  made  by  Item  637a  of  chapter  two  hundred  and 
thirty-four  of  the  acts  of  the  present  year,  for  remodeling  certain 
spaces  at  the  Westfield  state  sanatorium,  is  hereby  amended  to 
include  furnishings  and  equipment. 

The  appropriation  made  by  Item  632  of  chapter  two  hundred  and 
thirty-four  of  the  acts  of  the  present  year,  for  improvement  of 
roads  and  parking  spaces  at  the  North  Reading  state  sanatorium, 
is  hereby  transferred  to  Item  628  of  said  chapter  two  hundred  and 
thirty-four. 

Department  of  Public  Works. 

The  appropriation  made  by  Item  677  of  chapter  two  hundred  and 
thirty-four  of  the  acts  of  the  present  year,  for  expenses  of  a  topo- 
graphical survey  and  map  of  the  commonwealth,  is  hereby  made  in 
addition  to  the  unexpended  balance  of  any  appropriation  heretofore 
made  for  the  purpose. 

The  unexpended  balance  of  the  appropriation  made  by  Item  666e  of 
chapter  four  hundred  and  ninety-seven  of  the  acts  of  nineteen  hun- 
dred and  thirty-five,  for  expenditures  for  flood  control  of  the  Housa- 
tonic  river,  is  hereby  reappropriated. 

The  unexpended  balance  of  the  appropriation  made  by  Item  638  of 
chapter  two  hundred  and  forty-five  of  the  acts  of  nineteen  hundred 
and  thirty-one,  as  most  recently  reappropriated  by  chapter  two 
hundred  and  forty-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  for  certain  work  in  the  Taunton  river  authorized  by  chapter 
four  hundred  and  five  of  the  acts  of  nineteen  hundred  and  thirty, 
is  hereby  again  reappropriated. 

Chapter  four  hundred  and  twenty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-six,  providing  for  repair  or  reconstruction  of  certain 
bridges  damaged  by  recent  floods,  is  hereby  amended  by  adding  at 
the  end  the  following  new  section :  —  Section  8.  The  comptroller 
is  hereby  authorized  to  certify  for  payment  liabilities  incurred  by 
the  department  in  anticipation  of  the  receipt  of  the  assessments 
to  be  made  in  nineteen  hundred  and  thirty-eight  on  certain  cities, 
towns  and  counties,  as  authorized  by  this  act. 


Acts,  1937.  —  Chaps.  435,  436.  589 

Section  4.  No  payment  shall  be  made  or  obligation 
incurred  under  authority  of  any  special  appropriation  made 
by  this  act  for  construction  of  public  buildings  or  other  im- 
provements at  state  institutions  until  plans  and  specifica- 
tions have  been  approved  by  the  governor,  unless  otherwise 
provided  by  such  rules  and  regulations  as  the  governor  may 
make. 

Section  5.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1937. 


An  Act  to  make  clear  the  intent  of  the  legislature  QJian  435 

WITH  respect  to  THE  EFFECT  OF  A  CERTAIN  ACT  PROVID- 
ING  FOR  THE  ABOLITION  OF  PARTY  PRIMARIES  AND  PRE- 
PRIMARY  CONVENTIONS  UPON  CERTAIN  LAWS  RELATIVE  TO 
CITY   AND   TOWN    PRIMARIES. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an  preamble. 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  laws  governing  city  and  town  primaries  in  effect  upon 
the  passage  of  chapter  three  hundred  and  eighty-four  of  the 
acts  of  the  current  year,  in  so  far  as  said  laws  may  have  been 
made  inoperative,  by  repeal  or  otherwise,  by  the  provisions 
of  said  chapter,  are  hereby  revived  and  made  operative 
and  shall  be  in  full  force  and  effect,  notwithstanding  the 
provisions  of  said  chapter.  Approved  May  29,  1937. 


An  Act  to  diminish  the  causes  of  labor  disputes  bur- 
dening OR  obstructing  industry,   and  to   create  a 

LABOR  relations  COMMISSION,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

FINDINGS   AND    POLICY. 

Section  1.  The  denial  by  employers  of  the  right  of  em- 
ployees to  organize  and  the  refusal  by  employers  to  accept 
the  procedure  of  collective  bargaining  lead  to  strikes  and 
other  forms  of  industrial  strife  or  unrest,  which  have  the 
intent  or  the  necessary  effect  of  burdening  or  obstructing 
industry  and  trade  by  (a)  impairing  the  efficiency,  safety, 
or  operation  of  the  instrumentalities  of  industry  and  trade; 
(6)  occurring  in  the  current  of  industry  and  trade;  (c)  ma- 
terially affecting,  restraining,  or  controlling  the  flow  of  raw 
materials  or  manufactured  or  processed  goods,  or  the  prices 
of  such  materials  or  goods;  or  (d)  causing  diminution  of 
employment  and  wages  in  such  volume  as  substantially  to 
impair  or  disrupt  the  market  for  such  goods  in  industry  or 
trade. 


C/iap.436 


590  '  Acts,  1937.  —  Chap.  436. 

The  inequality  of  bargaining  power  between  employees 
who  do  not  possess  full  freedom  of  association  or  actual  liberty 
of  contract,  and  employers  who  are  organized  in  the  corpo- 
rate or  other  forms  of  ownership  association  substantially 
burdens  and  affects  industry  and  trade,  and  tends  to  aggra- 
vate recurrent  business  depressions,  by  depressing  wage  rates 
and  the  purchasing  power  of  wage  earners  in  industry  and 
by  preventing  the  stabilization  of  competitive  wage  rates 
and  working  conditions  within  and  between  industries. 

Experience  has  proved  that  protection  by  law  of  the  right 
of  employees  to  organize  and  bargain  collectively  safeguards 
industry  and  trade  from  injury,  impairment,  or  interruption, 
and  promotes  the  flow  of  industry  and  trade  by  removing 
certain  recognized  som-ces  of  industrial  strife  and  unrest,  by 
encouraging  practices  fundamental  to  the  friendly  adjust- 
ment of  industrial  disputes  arising  out  of  differences  as  to 
wages,  hours,  or  other  working  conditions,  and  by  restoring 
equality  of  bargaining  power  between  employers  and  em- 
ployees. 

It  is  hereby  declared  to  be  the  policy  of  the  commonwealth 
of  Massachusetts  to  eliminate  the  causes  of  certain  substan- 
tial obstructions  to  the  free  flow  of  industry  and  trade  and 
to  mitigate  and  eliminate  these  obstructions  when  they  have 
occurred  by  encouraging  the  practice  and  procedure  of  col- 
lective bargaining  and  by  protecting  the  exercise  by  workers 
of  full  freedom  of  association,  self-organization,  and  desig- 
nation of  representatives  of  their  own  choosing,  for  the  pur- 
pose of  negotiating  the  terms  and  conditions  of  their  em- 
ployment or  other  mutual  aid  or  protection. 


DEFINITIONS. 

Section  2.     When  used  in  this  act  — 

(1)  The  term  "person"  includes  one  or  more  individuals, 
partnerships,  associations,  corporations,  legal  representatives, 
trustees,  trustees  in  bankruptcy,  or  receivers. 

(2)  The  term  "employer"  includes  any  person  acting 
in  the  interest  of  an  employer,  directly  or  indirectly,  but 
shall  not  include  the  commonwealth  or  political  subdivision 
thereof,  or  any  labor  organization  (other  than  when  acting 
as  an  employer),  or  any  one  acting  in  the  capacity  of  officer 
or  agent  of  such  labor  organization. 

(3)  The  term  "employee"  shall  include  any  employee, 
and  shall  not  be  limited  to  the  employees  of  a  particular 
employer,  unless  the  act  explicitly  states  otherwise,  and 
shall  include  any  individual  whose  work  has  ceased  as  a 
consequence  of,  or  in  connection  with,  any  current  labor 
dispute  or  because  of  any  unfair  labor  practice,  and  who 
has  not  obtained  any  other  regular  and  substantially  equiva- 
lent employment,  but  shall  not  include  any  individual  em- 
ployed as  an  agricultural  laborer,  or  in  the  domestic  service 
of  any  family  or  person  at  his  home,  or  any  individual  em- 
ployed by  his  parent  or  spouse. 


Acts,  1937. —Chap.  436.  591 

(4)  The  term  "representatives"  includes  any  individual 
or  labor  organization. 

(5)  The  term  "labor  organization"  means  anj^  organiza- 
tion of  any  kind,  or  any  agency  or  employee  representation 
committee  or  plan,  in  which  emploj'ees  participate  and  which 
exists  for  the  purpose,  in  whole  or  in  part,  of  dealing  with 
employers  concerning  grievances,  labor  disputes,  wages,  rates 
of  pay,  hours  of  employment,  or  conditions  of  work. 

(6)  The  term  "unfair  labor  practice"  means  any  unfair 
labor  practice  listed  in  section  eight. 

(7)  The  term  "labor  dispute"  includes  any  controversy 
concerning  terms,  tenure  or  conditions  of  employment,  or 
concerning  the  association  or  representation  of  persons  in 
negotiating,  fixing,  maintaining,  changing,  or  seeking  to 
arrange  terms  or  conditions  of  employment  regardless  of 
whether  the  disputants  stand  in  the  proximate  relation  of 
employer  and  employee. 

(8)  The  term  "commission"  means  the  Labor  Relations 
Commission  of  the  Commonwealth  of  Massachusetts  created 
by  section  three  (a)  of  this  act. 


LABOR   RELATIONS    COMMISSION. 

Section  3.  (a)  There  is  hereby  created  in  the  depart- 
ment of  labor  and  industries,  but  in  no  respect  subject  to 
the  jurisdiction  thereof,  a  commission,  to  be  known  as  the 
"Labor  Relations  Commission"  (hereinafter  referred  to  a,s 
the  "commission"),  which  shall  be  composed  of  three  mem- 
bers, who  shall  be  appointed  by  the  governor,  by  and  with 
the  advice  and  consent  of  the  executive  council.  One  of  the 
original  members  shall  be  appointed  for  a  term  of  one  year, 
one  for  a  term  of  three  years,  and  one  for  a  term  of  five 
years,  but  their  successors  shall  be  appointed  for  terms  of 
five  years  each,  except  that  any  individual  chosen  to  fill  a 
vacancy  shall  be  appointed  only  for  the  unexpired  term  of 
the  member  whom  he  shall  succeed.  The  governor  shall 
designate  one  member  to  serve  as  chairman  of  the  commis- 
sion. Any  member  of  the  commission  may  be  removed  by 
the  governor,  upon  notice  and  hearing,  for  neglect  of  duty 
or  malfeasance  in  office,  but  for  no  other  cause. 

(b)  A  vacancy  in  the  commission  shall  not  impair  the 
right  of  the  remaining  members  to  exercise  all  the  powers 
of  the  commission,  and  two  members  of  the  commission 
shall  at  all  times,  constitute  a  quorum.  The  commission 
shall  have  an  official  seal  \vhich  shall  be  judicially  noticed. 

(c)  The  commission  shall  at  the  close  of  each  fiscal  year 
make  a  report  in  writing  to  the  general  court  stating  in  de- 
tail the  cases  it  has  heard,  the  decisions  it  has  rendered,  the 
names,  salaries,  and  duties  of  all  employees  and  officers  in 
the  employ  or  under  the  supervision  of  the  commission,  and 
an  account  of  all  moneys  it  has  disbursed. 

Section  4.  Each  member  of  the  commission  shall  receive 
a  salary  of  six  thousand  dollars  a  year,  shall  be  eligible  for 


592  Acts,  1937.  —  Chap.  436. 

reappointment,  and  shall  not  engage  in  any  other  business, 
vocation,  or  employment.  The  commission  shall  appoint 
an  executive  secretary,  and  such  attorneys,  examiners  and 
regional  directors  and  shall  appoint  such  other  employees 
with  regard  to  existing  laws  applicable  to  the  employment 
and  compensation  of  officers  and  employees  of  the  common- 
wealth, as  it  may  from  time  to  time  find  necessary  for  the 
proper  performance  of  its  duties  and  as  may  be  from  time 
to  time  appropriated  for  by  the  general  court.  The  com- 
mission may  establish  or  utilize  such  regional,  local,  or  other 
agencies,  and  utilize  such  voluntary  and  uncompensated 
services,  as  may  from  time  to  time  be  needed.  Attorneys 
appointed  under  this  section  may,  at  the  direction  of  the 
commission,  appear  for  and  represent  the  commission  in  any 
case  in  court.  Nothing  in  this  act  shall  be  construed  to 
authorize  the  commission  to  appoint  individuals  for  the  pur- 
pose of  conciliation  or  mediation  or  for  statistical  work, 
where  such  service  may  be  obtained  from  the  department  of 
labor. 

Section  5.  The  principal  office  of  the  commission  shall 
be  in  the  city  of  Boston,  but  it  may  meet  and  exercise  any 
or  all  of  its  powers  at  any  other  place.  The  commission 
may,  by  one  or  more  of  its  members  or  by  such  agents  or 
agencies  as  it  may  designate,  prosecute  any  inquiry  neces- 
sary to  its  functions  in  any  part  of  the  commonwealth.  A 
member  who  participates  in  such  an  inquiry  shall  not  be 
disqualified  from  subsequently  participating  in  a  decision  of 
the  commission  in  the  same  case. 

Section  6.  The  commission  shall  have  authority  from 
time  to  time  to  make,  amend,  and  rescind  such  rules  and 
regulations  as  may  be  necessary  to  carry  out  the  provisions 
of  this  act.  Such  rules  and  regulations  shall  be  effective 
upon  publication  in  the  manner  which  the  commission  shall 
prescribe. 

RIGHTS    OF   EMPLOYEES. 

Section  7.  Employees  shall  have  the  right  to  self- 
organization,  to  form,  join,  or  assist  labor  organizations, 
to  bargain  collectively  through  representatives  of  their  own 
choosing,  and  to  engage  in  concerted  activities,  for  the  pur- 
pose of  collective  bargaining  or  other  mutual  aid  or  pro- 
tection. 

Section  8.  It  shall  be  an  unfair  labor  practice  for  an 
employer  — 

(1)  To  interfere  with,  restrain,  or  coerce  employees  in  the 
exercise  of  the  rights  guaranteed  in  section  seven. 

(2)  To  dominate  or  interfere  with  the  formation  or  ad- 
ministration of  any  labor  organization  or  contribute  financial 
or  other  support  to  it;  provided,  that  subject  to  rules  and 
regulations  made  and  published  by  the  commission  pursuant 
to  section  six,  an  employer  shall  not  be  prohibited  from  per- 
mitting employees  to  confer  with  him  during  working  hours 
without  loss  of  time  or  pay. 


Acts,  1937. —Chap.  436.  593 

(3)  By  discrimination  in  regard  to  hire  or  tenure  of  em- 
ployment or  any  term  or  condition  of  employment  to  en- 
courage or  discourage  membership  in  any  labor  organization; 
provided,  that  nothing  in  this  act  shall  preclude  an  employer 
from  making  an  agreement  with  a  labor  organization  (not 
estabhshed,  maintained,  or  assisted  by  any  action  defined 
in  this  act  as  an  unfair  labor  practice)  to  require  as  a  condi- 
tion of  employment  membership  therein,  if  such  labor  or- 
ganization is  the  representative  of  the  employees  as  provided 
in  section  nine  (a),  in  the  appropriate  collective  bargaining 
unit  covered  by  such  agreement  when  made. 

(4)  To  discharge  or  otherwise  discriminate  against  an 
employee  because  he  has  filed  charges  or  given  testimony 
under  this  act. 

(5)  To  refuse  to  bargain  collectively  with  the  representa- 
tives of  his  employees,  subject  to  the  provisions  of  section 
nine  (a). 

Section  8A.  It  shall  be  an  unfair  labor  practice  for  any 
person  or  labor  organization  to  seize  or  occupy  unlawfully 
private  property  as  a  means  of  forcing  settlement  of  a  labor 
dispute. 

REPRESENTATIVES   AND    ELECTIONS. 

Section  9.  (a)  Representatives  designated  or  selected 
for  the  purposes  of  collective  bargaining  by  the  majority  of 
the  employees  in  a  unit  appropriate  for  such  purposes,  shall 
be  the  exclusive  representatives  of  all  the  employees  in  such 
unit  for  the  purposes  of  collective  bargaining  in  respect  to 
rates  of  pay,  wages,  hours  of  employment,  or  other  condi- 
tions of  employment;  provided,  that  any  individual  em- 
ployee or  a  group  of  employees  shall  have  the  right  at  any 
time  to  present  grievances  to  their  employer. 

(b)  The  commission  shall  decide  in  each  case  whether,  in 
order  to  insure  to  employees  the  full  benefit  of  their  right  to 
self-organization  and  to  collective  bargaining,  and  otherwise 
to  effectuate  the  policies  of  this  act,  the  unit  appropriate  for 
the  purposes  of  collective  bargaining  shall  be  the  employer 
unit,  craft  unit,  plant  unit,  or  subdivision  thereof. 

(c)  Whenever  a  question  affecting  industry  and  trade 
arises  concerning  the  representation  of  employees,  the  com- 
mission may  investigate  such  controversy  and  certify  to  the 
parties,  in  writing,  the  name  or  names  of  the  representatives 
that  have  been  designated  or  selected.  In  any  such  investi- 
gation, the  commission  shall  provide  for  an  appropriate 
hearing  upon  due  notice  either  in  conjunction  with  a  pro- 
ceeding under  section  ten  or  otherwise,  and  may  take  a  secret 
ballot  of  emploj^ees,  or  utihze  any  other  suitable  method  to 
ascertain  such  representatives. 

(d)  Whenever  an  order  of  the  commission  made  pursuant 
to  section  ten  (c)  is  based  in  whole  or  in  part  upon  facts 
certified  following  an  investigation  pursuant  to  subsection 
(c)  of  this  section,  and  there  is  a  petition  for  the  enforcement 
or  review  of  such  order,  such  certification  and  the  record  of 


594  Acts,  1937.  —  Chap.  436. 

such  investigation  shall  be  included  in  the  transcript  of  the 
entire  record  required  to  be  filed  under  subsections  ten  (e) 
or  ten  (/),  and  thereupon  the  decree  of  the  court  enforcing, 
modifying,  or  setting  aside  in  whole  or  in  part  the  order  of 
the  commission  shall  be  made  and  entered  upon  the  plead- 
ings, testimony,  and  proceedings  set  forth  in  such  transcript. 

PREVENTION    OF   UNFAIR   LABOR   PRACTICES. 

Section  10.  (a)  The  commission  is  empowered,  as  here- 
inafter provided,  to  prevent  any  person  from  engaging  in  any 
unfair  labor  practice  listed  in  section  eight  affecting  indus- 
try and  trade.  This  power  shall  be  exclusive,  and  shall  not 
be  affected  by  any  other  means  of  adjustment  or  prevention 
that  has  been  or  may  be  established  by  agreement,  code,  law, 
or  otherwise. 

(6)  Whenever  it  is  charged  that  any  person  has  engaged 
in  or  is  engaging  in  any  such  unfair  labor  practice,  the  com- 
mission, or  any  agent  or  agency  designated  by  the  commis- 
sion for  such  purposes,  shall  have  power  to  issue  and  cause 
to  be  served  upon  such  person  a  complaint  stating  the  charges 
in  that  respect,  and  containing  a  notice  of  hearing  before  the 
commission  or  a  member  thereof,  or  before  a  designated  agent 
or  agency,  at  a  place  therein  fixed,  not  less  than  five  days 
after  the  serving  of  said  complaint.  Any  such  complaint 
may  be  amended  by  the  member,  agent,  or  agency  conduct- 
ing the  hearing  or  the  commission  in  its  discretion  at  any 
time  prior  to  the  issuance  of  an  order  based  thereon.  The 
person  so  complained  of  shall  have  the  right  to  file  an  answer 
to  the  original  or  amended  complaint  and  to  appear  in  person 
or  otherwise  and  give  testimony  at  the  place  and  time  fixed 
in  the  complaint.  In  the  discretion  of  the  member,  agent  or 
agency  conducting  the  hearing  or  the  commission,  any  other 
person  may  be  allowed  to  intervene  in  the  said  proceeding 
and  to  present  testimony.  In  any  such  proceeding  the  rules 
of  evidence  prevailing  in  courts  of  law  or  equity  shall  not  be 
controlhng. 

(c)  The  testimony  taken  by  such  member,  agent  or  agency 
or  the  commission  shall  be  reduced  to  writing  and  filed  with 
the  commission.  Thereafter,  in  its  discretion,  the  com- 
mission upon  notice  may  take  further  testimony  or  hear 
argument.  If  upon  all  the  testimony  taken  the  commission 
shall  be  of  the  opinion  that  any  person  named  in  the  com- 
plaint has  engaged  in  or  is  engaging  in  any  such  unfair 
labor  practice,  then  the  commission  shall  state  its  findings 
of  fact  and  shall  issue  and  cause  to  be  served  on  such  person 
an  order  requiring  such  person  to  cease  and  desist  from  such 
unfair  labor  practice,  and  to  take  such  affirmative  action, 
including  reinstatement  of  employees  with  or  without  back 
pay,  as  will  effectuate  the  policies  of  this  act.  Such  order 
may  further  require  such  person  to  make  reports  from  time 
to  time  showing  the  extent  to  which  it  has  complied  with 
the  order.    If  upon  all  the  testimony  taken  the  commission 


Acts,  1937.  —  Chap.  436.  595 

shall  be  of  the  opinion  that  no  person  named  in  the  com- 
plaint has  engaged  in  or  is  engaging  in  any  such  unfair  labor 
practice,  then  the  commission  shall  state  its  findings  of  fact 
and  shall  issue  an  order  dismissing  the  said  complaint. 

(d)  Until  a  transcript  of  the  record  in  a  case  shall  have 
been  filed  in  a  court,  as  hereinafter  provided,  the  commis- 
sion may  at  any  time,  upon  reasonable  notice  and  in  such 
manner  as  it  shall  deem  proper,  modify  or  set  aside,  in 
whole  or  in  part,  any  finding  or  order  made  or  issued  by  it. 

(e)  The  commission  shall  have  power  to  petition  the 
superior  court  in  any  county  wherein  the  unfair  labor  prac- 
tice in  question  occurred  or  wherein  such  person  resides  or 
transacts  business,  for  the  enforcement  of  such  order  and 
for  appropriate  temporary  rehef  or  restraining  order,  and 
shall  certify  and  file  in  the  court  a  transcript  of  the  entire 
record  in  the  proceeding,  including  the  pleadings  and  testi- 
mony upon  which  such  order  was  entered  and  the  findings 
and  order  of  the  commission.  Upon  such  filing,  the  court 
shall  cause  notice  thereof  to  be  served  upon  such  person, 
and  thereupon  shall  have  jurisdiction  of  the  proceeding  and 
of  the  question  determined  therein,  and  shall  have  power  to 
grant  such  temporary  relief  or  restraining  order  as  it  deems 
just  and  proper,  and  to  make  and  enter  upon  the  pleadings, 
testimony,  and  proceedings  set  forth  in  such  transcript  a 
decree  enforcing,  modifjdng,  and  enforcing  as  so  modified, 
or  setting  aside  in  whole  or  in  part  the  order  of  the  commis- 
sion. No  objection  that  has  not  been  urged  before  the 
commission,  its  member,  agent  or  agency,  shall  be  considered 
by  the  court,  unless  the  failure  or  neglect  to  urge  such 
objection  shall  be  excused  because  of  extraordinary  circum- 
stances. The  findings  of  the  commission  as  to  the  facts,  if 
supported  by  evidence,  shall  be  conclusive.  If  either  party 
shall  apply  to  the  court  for  leave  to  adduce  additional  evi- 
dence and  shall  show  to  the  satisfaction  of  the  court  that 
such  additional  evidence  is  material  and  that  there  were 
reasonable  grounds  for  the  failure  to  adduce  such  evidence 
in  the  hearing  before  the  commission,  its  member,  agent, 
or  agency,  the  court  may  order  such  additional  evidence 
to  be  taken  before  the  commission,  its  member,  agent,  or 
agency,  and  to  be  made  a  part  of  the  transcript.  The  com- 
mission may  modify  its  findings  as  to  the  facts,  or  make  new 
findings,  by  reason  of  additional  evidence  so  taken  and  filed, 
and  it  shall  file  such  modified  or  new  findings,  which,  if 
supported  by  evidence,  shall  be  conclusive,  and  shall  file 
its  recommendations,  if  any,  for  the  modification  or  setting 
aside  of  its  original  order.  The  jurisdiction  of  the  court  shall 
be  exclusive  and  its  judgment  and  decree  shall  be  final, 
except  that  the  same  shall  be  subject  to  review  by  the 
supreme  judicial  court  for  the  commonwealth. 

(/)  Any  person  aggrieved  by  a  final  order  of  the  commis- 
sion granting  or  denying  in  whole  or  in  part  the  relief  sought 
may  obtain  a  review  of  such  order  in  the  superior  court  for 
the  county  wherein  the  unfair  labor  practice  in  question  was 


596  Acts,  1937. —Chap.  436. 

alleged  to  have  been  engaged  in,  or  wherein  such  person 
resides  or  transacts  business,  by  filing  in  such  court  a  written 
petition  praying  that  the  order  of  the  commission  be  modi- 
fied or  set  aside.  A  copy  of  such  petition  shall  be  forthwith 
served  upon  the  commission,  and  thereupon  the  aggrieved 
party  shall  file  in  the  court  a  transcript  of  the  entire  record 
in  the  proceeding,  certified  by  the  commission,  including  the 
pleading  and  testimony  upon  which  the  order  complained  of 
was  entered  and  the  findings  and  order  of  the  commission. 
Upon  such  filing,  the  court  shall  proceed  in  the  same  manner 
as  in  the  case  of  an  application  by  the  commission  under 
subsection  (e),  and  shall  have  the  same  exclusive  jurisdic- 
tion to  grant  to  the  commission  such  temporary  relief  or 
restraining  order  as  it  deems  just  and  proper,  and  in  like 
manner  to  make  and  enter  a  decree  enforcing,  modifying, 
and  enforcing  as  so  modified,  or  setting  aside  in  whole  or 
in  part  the  order  of  the  commission;  and  the  findings  of 
the  commission  as  to  the  facts,  if  supported  by  evidence, 
shall  in  like  manner  be  conclusive. 

(g)  The  commencement  of  proceedings  under  subsection 
(e)  or  (/)  of  this  section  shall  not,  unless  specifically  ordered 
by  the  court,  operate  as  a  stay  of  the  commission's  order. 

(h)  When  granting  appropriate  temporary  relief  or  a  re- 
straining order,  or  making  and  entering  a  decree  enforcing, 
modifying,  and  enforcing  as  so  modified  or  setting  aside  in 
whole  or  in  part  an  order  of  the  commission,  as  provided  in 
this  section,  the  jurisdiction  of  courts  sitting  in  equity  shall 
not  be  limited  by  General  Laws,  chapter  one  hundred  and 
forty-nine,  section  twenty  C;  chapter  two  hundred  and 
fourteen,  sections  one,  nine,  and  nine  A,  and  chapter  two 
hundred  and  twenty,  sections  thirteen  A  and  thirteen  B. 

(i)  Petitions  filed  under  this  act  shall  be  heard  expe- 
ditiously, and  if  possible  within  ten  days  after  they  have 
been  docketed. 

INVESTIGATORY    POWERS. 

Section  11.  For  the  purpose  of  all  hearings  and  investi- 
gations, which,  in  the  opinion  of  the  commission,  are  neces- 
sary and  proper  for  the  exercise  of  the  powers  vested  in  it  by 
section  nine  and  section  ten  — 

(1)  The  commission,  or  its  duly  authorized  agents  or 
agencies,  shall  at  all  reasonable  times  have  access  to,  for  the 
purpose  of  examination,  and  the  right  to  copy  any  evidence 
of  any  person  being  investigated  or  proceeded  against  that 
relates  to  any  matter  under  investigation  or  in  question.  Any 
member  of  the  commission  shall  have  power  to  issue  sub- 
poenas requiring  the  attendance  and  testimony  of  witnesses 
and  the  production  of  any  evidence  that  relates  to  any  matter 
under  investigation  or  in  question  before  the  commission, 
its  member,  agent,  or  agency  conducting  the  hearing  or  in- 
vestigation. Any  member  of  the  commission,  or  any  agent 
or  agency  designated  by  the  commission  for  such  purposes, 
may  administer  oaths  and  affirmations,  examine  witnesses, 


Acts,  1937. —Chap.  436.  597 

and  receive  evidence.  Such  atteudance  of  witnesses  and  the 
production  of  such  evidence  may  be  required  from  any  place 
in  the  commonwealth,  at  any  designated  place  of  hearing. 

(2)  In  case  of  contumacy  or  refusal  to  obey  a  subpoena 
issued  to  any  person,  the  superior  court  within  the  jurisdiction 
of  which  the  inquiry  is  carried  on  or  within  the  jurisdiction 
of  which  said  person  guilty  of  contumacy  or  refusal  to  obey 
is  found  or  resides  or  transacts  business,  upon  application  by 
the  commission  shall  have  jurisdiction  to  issue  to  such  person 
an  order  requiring  such  person  to  appear  before  the  commis- 
sion, its  member,  agent,  or  agency,  there  to  produce  evidence 
if  so  ordered,  or  there  to  give  testimony  touching  the  matter 
under  investigation  or  in  question;  and  any  failure  to  obey 
such  order  of  the  court  may  be  punished  by  said  court  as 
a  contempt  thereof. 

(3)  No  person  shall  be  excused  from  attending  and  testify- 
ing or  from  producing  books,  records,  correspondence,  docu- 
ments, or  other  evidence  in  obedience  to  the  subpoena  of  the 
commission,  on  the  ground  that  the  testimony  or  evidence 
required  of  him  may  tend  to  incriminate  him  or  subject  him 
to  a  penalty  or  forfeiture;  but  no  individual  shall  be  prose- 
cuted or  subjected  to  any  penalty  or  forfeiture  for  or  on 
account  of  any  transaction,  matter,  or  thing  concerning  which 
he  is  compelled,  after  having  claimed  his  privilege  against 
self-incrimination,  to  testify  or  produce  evidence,  except 
that  such  individual  so  testifying  shall  not  be  exempt  from 
prosecution  and  punishment  for  perjury  committed  in  so 
testifying. 

(4)  Complaints,  orders,  and  other  process  and  papers  of 
the  commission,  its  member,  agent,  or  agency,  may  be  served 
either  personally  or  by  registered  mail  or  by  telegraph  or  by 
leaving  a  copy  thereof  at  the  principal  office  or  place  of 
business  of  the  person  required  to  be  served.  The  verified 
return  by  the  individual  so  serving  the  same  setting  forth  the 
manner  of  such  service  shall  be  proof  of  the  same,  and  the 
return  post  office  receipt  or  telegraph  receipt  therefor  when 
registered  and  mailed  or  telegraphed  as  aforesaid  shall  be 
proof  of  service  of  the  same.  Witnesses  summoned  before 
the  commission,  its  member,  agent,  or  agency,  shall  be  paid 
the  same  fees  and  mileage  that  are  paid  witnesses  in  the  courts 
of  the  commonwealth,  and  witnesses  whose  depositions  are 
taken  and  the  persons  taking  the  same  shall  severally  be 
entitled  to  the  same  fees  as  are  paid  for  like  services  in  the 
courts  of  the  commonwealth. 

(5)  All  process  of  any  court  to  which  application  may  be 
made  under  this  act  may  be  served  in  the  judicial  district 
wherein  the  defendant  or  other  person  required  to  be  served 
resides  or  may  be  found. 

(6)  The  several  departments  and  agencies  of  the  common- 
wealth, when  directed  by  the  governor,  shall  furnish  the 
commission,  upon  its  request,  all  records,  papers,  and  infor- 
mation in  their  possession  relating  to  anj'  matter  before  the 
commission. 


598  Acts,  1937.  —  Chap.  437. 

Section  12.  Any  person  who  shall  wilfull^^  resist,  pre- 
vent, impede,  or  interfere  with  any  member  of  the  commis- 
sion or  any  of  its  agents  or  agencies  in  the  performance  of 
duties  pursuant  to  this  act  shall  be  punished  by  a  fine  of  not 
more  than  five  thousand  dollars  or  by  imprisonment  for  not 
more  than  one  year,  or  both. 

LIMITATIONS. 

Section  13.  Nothing  in  this  act  shall  be  construed  so  as 
to  interfere  with  or  impede  or  diminish  in  any  way  the  right 
to  strike. 

Section  14.  (a)  Wherever  the  application  of  the  pro- 
visions of  any  other  law  of  this  commonwealth  conflicts  with 
the  application  of  the  provisions  of  this  act,  this  act  shall 
prevail. 

(6)  This  act  shall  not  be  deemed  applicable  to  any  unfair 
labor  practice  subject  to  the  National  Labor  Relations  Act. 

Section  15.  If  any  provision  of  this  act,  or  the  applica- 
tion of  such  provision  to  any  person  or  circumstance,  shall 
be  held  invalid,  the  remainder  of  this  act,  or  the  application 
of  such  provision  to  persons  or  circumstances  other  than  those 
as  to  which  it  is  held  invalid,  shall  not  be  affected  thereby. 

Section  16.  This  act  may  be  cited  as  the  "State  Labor 
Relations  Act."  Approved  May  29,  1937. 


ChapASl  An  Act  relative   to   promoting   peaceful  industrial 

RELATIONS  BY  REGULATING  CERTAIN  FORMS  OF  PRIVATE 
police  AND  DETECTIVE  ACTIVITY  IN  LABOR  DISPUTES  AND 
RELATED    MATTERS. 

Be  it  enacted,  etc.,  as  follows: 

EdV'uT^^new  SECTION  1.  Chapter  one  hundred  and  forty-seven  of  the 
sections  '  General  Laws  is  hereby  amended  by  inserting  after  section 
added.^^'  twenty-five,  as  appearing  in  the  Tercentenary  Edition,  the 

"Private  following  three  new  sections: — Section  25 A.    For  the  pur- 

detecth^e",  poses  of  this  chapter,  the  term  "private  detective"  shall  in- 
clude, among  others,  those  persons  known  as  inside  shop 
operatives  and  also  persons  known  as  strikebreakers,  —  that 
is,  persons  who  pose  as  shop  employees,  but  who  do  not 
undertake  direct  emplojonent  whether  in  shops  or  otherwise 
with  the  owner  of  a  place  of  emplojonent,  but  who  are  em- 
ployed by  some  independent  agencj^  to  operate  or  work  in 
such  place  of  employment,  or  to  render  reports  of  efforts  to 
unionize  or  organize  employees  in  such  place  of  employment 
to  the  owners  of  the  place  of  employment  under  the  direction 
of  such  independent  agency. 
Reports  Section  25B.     Any  private  detective  dulj^  licensed  under 

require  .  ^^^.^  chapter  shall  within  twenty-four  hours  of  entering  any 

industrial  plant  as  an  employee  or  posing  as  an  employee 
for  the  purpose  of  interfering  with  the  organization  of  em- 
ployees in  such  place  of  employment,  file  with  the  commis- 
sioner of  pubHc  safety  a  statement  in  writing  of  the  purpose 


Acts,  1937.  —  Chap.  437.  599 

of  such  action.  Any  failure  so  to  report  or  any  misstatement 
in  such  report  may  be  the  subject  of  written  complaint  by 
any  aggrieved  party,  including  any  officer  of  an  aggrieved 
labor  union  or  association,  whether  incorporated  or  other- 
wise. Violation  of  any  provision  of  this  section  shall,  on 
such  complaint,  subject  the  private  detective  concerned  to 
revocation  or  suspension  of  his  or  its  license  for  not  more 
than  one  year,  after  opportunity  for  an  impartial  hearing 
by  the  commissioner  of  public  safety. 

Section  25C.  It  shall  be  unlawful  for  any  private  detec-  Penalties, 
tive  duly  licensed  under  this  statute  to  enter,  or  cause  any 
person  to  enter,  any  place  of  employment  for  any  purpose 
having  to  do  with  the  organizing  or  organization  of  em- 
ployees in  said  establishment,  or  any  purpose  having  to  do 
with  hours  of  labor,  wages  or  salaries  paid,  or  conditions  of 
employment  in  such  establishment  or  its  branches  or  sub- 
sidiaries or  related  units,  or  to  disseminate  propaganda  of 
any  sort  among  employees  in  such  establishment,  or  to 
be  concerned  with  labor  conditions  of  employees  as  a  group. 
Violation  of  any  provision  of  this  section  shall  subject  the 
private  detective  concerned  to  loss  of  his  or  its  license  for 
not  more  than  one  year,  after  opportunity  for  an  impartial 
hearing  by  the  commissioner  of  public  safety,  on  written 
complaint  of  any  aggrieved  person,  or  the  officer  of  any 
aggrieved  labor  union  or  association,  whether  incorporated 
or  otherwise. 

Section  2.    Section  twenty-six  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  forty-seven,  as  so  appearing,  is  hereby  amended  by  amendel?.'  ^  ^^' 
adding  at  the  end  the  following:  —  ;  and  the  word  "person" 
under  this  section  shall  include  the  officer  of  any  aggrieved 
labor  union  or  association,  whether  incorporated  or  other- 
wise,— so  as  to  read  as  follows: — Section  26.    For  each  license,  License, 
the  licensee,  if  an  individual,  shall  pay  to  the  commissioner  ^^^■ 
the  sum  of  one  hundred  dollars  annually,  and,  if  a  partnership 
or  corporation,  the  sum  of  two  hundred  dollars  annually, 
and  shall  give  to  the  commissioner  a  bond  in  the  sum  of  five  Bond, 
thousand  dollars,  executed  by  the  applicant  as  principal  and 
by  a  surety  company  authorized    to    do    business  in  the 
commonwealth  as  surety.     The  bond  shall  be  in  such  form 
as  the  commissioner  may  prescribe,  conditioned  upon  the 
honest  conduct  of  the  business  of  the  licensee,  and  the  right 
of  any  person  injured  Ijy  the  wilful,  malicious  or  wrongful 
act  of  the  licensee  to  bring  in  his  own  name  an  action  on  the 
bond;    and  the  word  "person"  under  this  section  shall  in- 
clude the  officer  of  any  aggrieved  labor  union  or  association, 
whether  incorporated  or  otherwise. 

Section  3.    Said  chapter  one  hundred  and  forty-seven  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  thirt}^,  as  so  amended'  *  ^°' 
appearing,  and  inserting  in  place  thereof  the  following:  — 
Section  30.     Sections  twenty-two  to  twentj'-nine,  inclusive.  Application 
shall  not  apply  to  any  detective  or  officer  belonging  to  the  ulidted?'^ 
police  force  of  the  commonwealth,  or  of  any  subdivision 
thereof,  while  engaged  in  the  performance  of  his  official 


600  Acts,  1937.  —  Chap.  438. 

duties;  nor  to  a  charitable,  philanthropic  or  law  enforce- 
ment society  or  association  duly  incorporated  under  the 
laws  of  the  commonwealth,  nor  to  any  agent  thereof  while 
engaged  in  the  discharge  of  his  duties  as  such  agent,  pro- 
vided the  society  or  organization  is  promoted  and  main- 
tained for  the  public  good  and  not  for  private  profit;  nor 
to  any  person  employed  by  any  person  as  an  investigator  in 
connection  with  the  regular  and  customary  business  of  such 
employer,  and  whose  services  are  not  let  out  to  another  for 
profit  or  gain;  nor  to  any  regularly  established  credit  report- 
ing or  mercantile  agency;  provided,  that  such  society,  per- 
son or  agency  does  not  engage  in  any  activities  in  any  way 
concerned  with  employee  or  labor  disputes  or  problems, 
or  other  related  matters,  or  in  any  activities  described  in 
section  twenty-five  A  or  twenty-five  C;  nor  shall  said  sec- 
tions twenty-two  to  twenty-nine,  inclusive,  be  construed  to 
prohibit  a  licensee  thereunder  from  conducting  an  investi- 
gation within  an  employer's  own  establishment  for  the  pur- 
pose of  obtaining  information  for  the  employer  respecting 
conditions  affecting  the  safe,  efficient  and  economical  opera- 
tion of  said  employer's  business,  but  not  in  any  way  con- 
cerning or  having  to  do  with  hours  of  labor,  wages,  salaries 
or  labor  disputes.  Approved  May  29,  1937. 


Chap  ASS  An  Act  making  certain  amendments  to  the  teachers' 

RETIREMENT   LAW. 

Be  it  enacted,  etc.,  as  follows: 

EdV  sJ^'s'g  Section  1.     Section  nine  of  chapter  thirty-two  of  the 

ameAdeci.     '     General  Laws  is  hereby  amended  by  striking  out  paragraph 
(2),  as  appearing  in  the  Tercentenary  Edition,  and  insert- 
ing in  place  thereof  the  following :  — 
Annuity  (2)  The  annuity  fund  shall  consist  of  assessments  paid  by 

members  and  interest  derived  from  investments  of  the  an- 
nuity fund.  Each  member  shall  pay  into  the  annuity  fund, 
by  deduction  from  his  salary  in  the  manner  provided  in  sec- 
tion twelve  (5),  such  assessments  upon  his  salary  as  may  be 
determined  by  the  board.  The  rate  of  assessment  shall  be 
established  by  the  board  on  the  first  day  of  July  of  each 
year  after  a  prior  notice  of  at  least  three  months,  and  shall 
at  any  given  time  be  uniform  for  all  members  of  the  associa- 
tion, and  shall  not  be  less  than  three  nor  more  than  seven 
per  cent  of  the  member's  salary;  provided,  that  when  the 
total  sum  of  assessments  on  the  salary  of  any  member  at  the 
rate  established  by  the  board  would  amount  to  more  than 
one  hundred  and  thirty  dollars  or  less  than  thirty-five  dol- 
lars for  a  full  school  year,  such  member  shall  in  lieu  of  assess- 
ments at  the  regular  rate  be  assessed  at  the  rate  of  one  hun- 
dred and  thirty  dollars  a  year  or  thirty-five  dollars  a  3^ear, 
payable  in  equal  instalments,  to  be  assessed  for  the  number 
of  months  during  which  the  schools  of  the  community  in 
which  such  member  is  employed  are  commonly  in  session. 


Acts,  1937.  —  Chap.  438.  601 

Any  member  who  shall  for  thirty  years  have  paid  regular 
assessments  to  the  annuity  fund  shall  be  exempt  from  further 
assessments ;  but  such  member  may  thereafter,  if  he  so  elects, 
continue  to  pay  his  assessments  to  the  fund.  A  member, 
within  thirty  daj^s  prior  to  the  date  that  his  retirement  takes 
effect  under  section  ten,  may  pay  in  one  sum  into  the  an- 
nuity fund  established  by  this  paragraph  any  amount  which 
he  may  elect,  but  not  exceeding  the  amount  which  he  may 
have  to  his  credit  at  the  time  of  his  retirement,  and  the 
amount  so  contributed  shall  be  considered  as  part  of  his 
regular  assessments  for  all  purposes  except  that  it  shall  in 
no  way  affect  the  amount  of  his  pension.  The  common- 
wealth shall  annually  contribute  such  amount  as  is  necessary 
to  make  good  any  deficiency  in  the  annuity  fund  for  active 
or  retired  members  as  of  the  preceding  thirty-first  day  of 
December. 

Section  2.  Paragraph  (4)  of  section  ten  of  said  chapter  g.  l.  (Ter. 
thirty-two,  as  so  appearing,  is  hereby  amended  by  adding  ameAdc'd.  ' 
at  the  end  the  following :  —  ,  except  that  the  annual  rate  of 
pension  shall  not  exceed  the  annuity  purchasable  at  his 
attained  age  or  at  age  seventy,  whichever  is  the  lesser,  by 
the  sum  which  at  age  sixty  and  in  accordance  with  said 
clause  (a)  would  purchase  an  annuity  of  six  hundred  and 
fifty  dollars.  A  member  who  has  to  his  credit  at  the  time 
of  retirement  assessments  under  paragraph  (2)  of  section 
nine  for  a  period  of  fifteen  years,  with  interest  thereon,  shall 
receive  a  minimum  annual  pension  of  an  amount  which, 
when  added  to  the  annual  amount  of  the  full  life  annuity 
purchasable  by  said  assessments  and  interest  under  said 
clause  (a),  shall  be  not  less  than  four  hundred  dollars,  —  so 
as  to  read  as  follows :  — 

(4)  Any  member  receiving  payments  of  an  annuity  as  Retiring 
provided  in  paragraph  (3)  of  this  section,  if  not  rendered  '^"o^'^'^'^es. 
ineligible  therefor  by  section  fifteen,  shall  receive  with  each 
quarterly  payment  of  his  annuity  an  amount  from  the 
pension  fund,  as  directed  by  the  board,  equal  to  the  quar- 
terly annuity  payment  to  which  he  would  be  entitled  if 
his  annuity  were  figured  under  clause  (o)  of  paragraph 
(3)  of  this  section,  except  that  the  annual  rate  of  pen- 
sion shall  not  exceed  the  annuity  purchasable  at  his  at- 
tained age  or  at  age  seventy,  whichever  is  the  lesser,  by 
the  sum  which  at  age  sixty  and  in  accordance  with  said 
clause  (a)  would  purchase  an  annuity  of  six  hundred  and 
fifty  dollars.  A  member  who  has  to  his  credit  at  the  time 
of  retirement  assessments  under  paragraph  (2)  of  section 
'  nine  for  a  period  of  fifteen  years,  with  interest  thereon,  shall 
receive  a  minimum  annual  pension  of  an  amount  which, 
when  added  to  the  annual  amount  of  the  full  life  annuity 
purchasable  b}^  said  assessments  and  interest  under  said 
clause  (a),  shall  be  not  less  than  four  hundred  dollars. 

Section  3.     Said  section  ten  is  hereby  further  amended  EdV'slTio 
by  striking  out  paragraph  (10),  as  amended  b}^  section  two  furtheV  ' 
of  chapter  three  hundred  and  eighty-six  of  the  acts  of  nine-  ''"'^"'^*^'^' 


602 


Acts,  1937.  —  Chap.  439. 


Same 
subject. 


G.  L.  (Ter 
Ed.),  32, 
further 
amended 


§  10, 


teen  hundred  and  thirty-sLx,  and  inserting  in  place  thereof 
the  following:  — 

(10)  Any  member  retired  under  paragraph  (8)  of  this 
section  shall,  if  not  rendered  ineligible  therefor  by  section 
fifteen,  receive  from  the  pension  fund  a  pension  at  an  annual 
rate  of  one  one  hundred  and  fortieth  of  his  average  yearly 
rate  of  salary,  not  exceeding  two  thousand  six  hundred  dol- 
lars, for  the  five  years  immediately  preceding  retirement, 
multiplied  by  the  number  of  years  of  service  for  which  he 
is  entitled  to  credit  since  July  first,  nineteen  hundred  and 
fourteen,  but  not  exceeding  thirty-five  years,  and  if  he  had 
service  as  a  regular  teacher  prior  to  said  July  first,  nineteen 
hundred  and  fourteen,  an  additional  pension  the  annual 
rate  of  which  shall  be  equal  to  one  seventieth  of  his  average 
annual  rate  of  salary,  not  exceeding  two  thousand  six  hun- 
dred dollars,  for  the  five  3^ears  immediately  preceding  retire- 
ment, multiplied  by  the  difference  between  his  total  credit- 
able service  not  exceeding  thirty-five  years  and  the  service 
for  which  he  is  entitled  to  credit  since  said  July  first,  nine- 
teen hundred  and  fourteen.  No  person  shall  receive  a  pen- 
sion under  this  paragraph  which  would  result  in  his  retiring 
allowance  being  in  excess  of  the  retiring  allowance  to  which 
he  would  be  entitled  if  he  were  to  continue  in  service  until 
age  sixty,  contributing  annual  assessments  based  on  his 
average  yearly  rate  of  salary  for  the  five  years  immediately 
preceding  retirement  at  the  rate  of  assessment  in  effect  at 
that  time,  with  interest  at  four  per  cent,  the  annuity  in 
determining  said  retiring  allowances  to  be  computed  in 
accordance  with  clause  (a)  of  paragraph  (3)  of  this  section. 
A  member  who  has  to  his  credit  at  the  time  of  retirement 
assessments  under  paragraph  (2)  of  section  nine  for  a  period 
of  fifteen  years,  with  interest  thereon,  shall  receive  a  mini- 
mum annual  pension  of  an  amount  which,  when  added  to 
the  annual  amount  of  the  full  life  annuity  purchasable  by 
said  assessments  and  interest  under  said  clause  (a)  shall  be 
not  less  than  four  hundred  dollars. 

Section  4.  Said  section  ten  is  hereby  further  amended 
by  striking  out  paragraphs  (11)  and  (12),  as  so  appearing. 

Approved  May  29,  1937. 


ChapAS9  An  Act  relative  to  procedure  in  certain  actions  to 

RECOVER  DAMAGES  ARISING  OUT  OF  MOTOR  VEHICLE  ACCI- 
DENTS AND  IN  SUITS  BY  JUDGMENT  CREDITORS  IN  ACTIONS 
TO  REACH  AND  APPLY  THE  PROCEEDS  OF  MOTOR  VEHICLE 
LIABILITY  POLICIES  AND  IN  ACTIONS  TO  RECOVER  ON  MOTOR 
VEHICLE    LIABILITY   BONDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  thirty-one  of  the 
General  Laws  is  hereby  amended  by  inserting  after  section 
eighty-five  A,  as  appearing  in  the  Tercentenary  Edition, 
the  following  two  new  sections:  —  Section  85B.     In  any 


G.  L.  (Ter. 
Ed.).  231,  new 
sections  85B 
and  850, 
added. 
Recovery  of 
damages  in 


Acts,  1937.  —  Chap.  440.  603 

action  to  recover  the  consequential  damages  specified  in  certain  acci- 
section  thirty-four  A  of  chapter  ninety,  arising  out  of  an  '^®°'  ''^®''^' 
accident  or  coUision  in  which  a  motor  vehicle,  as  defined 
in  sections  one  and  thirty-four  A  of  chapter  ninety,  was 
involved,  such  motor  vehicle  if  registered  in  the  name  of 
the  defendant  as  owner  at  the  time  of  such  accident  or  col- 
lision shall  be  presumed  to  have  been  then  operated,  main- 
tained, controlled  or  used  by  and  under  the  control  of  a 
person  for  whose  conduct  the  defendant  was  legally  re- 
sponsible, and  absence  of  such  responsibility  shall  be  an 
affirmative  defence  to  be  set  up  in  the  answer  and  proved 
by  the  defendant. 

Section  85C.  In  any  suit  in  equity  under  section  one  hun-  Suits  to  reach 
dred  and  thirteen  of  chapter  one  hundred  and  seventy-five  ^^"^  ^'^^^^' 
and  clause  (10)  of  section  three  of  chapter  two  hundred  and 
fourteen  to  reach  and  apply  the  proceeds  of  any  motor 
vehicle  liability  policy,  as  defined  in  section  thirty-four  A  of 
chapter  ninety,  by  a  judgment  creditor  in  any  action  to 
recover  damages  for  bodily  injuries,  including  death  at 
any  time  resulting  therefrom,  or  the  consequential  damages 
specified  in  said  section  thirty-four  A,  arising  out  of  an 
accident  or  collision  in  which  a  motor  vehicle,  as  defined  in 
sections  one  and  thirty-four  A  of  said  chapter  ninety,  was 
involved,  and  in  any  action  under  section  thirty-four  G 
of  said  chapter  ninety  on  a  motor  vehicle  liability  bond, 
as  defined  in  said  section  thirty-four  A,  it  shall  be  presumed 
that  at  the  time  of  such  accident  or  collision  such  vehicle 
was  being  operated,  maintained,  controlled  or  used  with 
the  express  or  implied  consent  of  the  named  person  insured 
in  puch  policy  or  the  principal  of  such  bond,  and  the  absence 
of  such  consent  shall  be  an  affirmative  defence  to  be  set  up 
in  the  answer  and  proved  by  the  defendant. 

Section  2.    This  act  shall  apply  in  case  of  causes  of  action  Application 
accruing  prior  to  the  effective  date  of  this  act  as  well  as  °^^''*' 
causes  of  action  accruing  thereafter. 

Approved  May  29,  1937. 


An  Act  relative  to  the  old  age  assistance  law,  so  QJidj)  440 

CALLED.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  one  hundred   ^nd  g,l.  (Ter. 
eighteen  A  of  the  General  Laws,  as  appearing  in  section  etc!, 'amended. ' 
one  of  chapter  four  hundred  and  thirty-six  of  the  acts  of 
nineteen   hundred   and   thirty-six,    is   hereby   amended   by 
striking  out,  in  the  thirty-seventh  line,  the  word  "forty- 
five"  and  inserting  in  place  thereof  the  word: — fifty, — 
and  by  striking  out  all  after  the  word   "eligible"  in  the 
thirty-ninth  line,  —  so  as  to  read  as  follows:  —  Section  1.  oid  age 
Adequate  assistance  to  deserving  citizens  in  need  of  relief  ''®^'^'^°''®- 
and  support  sixtj^-five  years  of  age  or  over  who  shall  have 
resided  in  the  commonwealth  not  less  than  five  vears  dur- 


604 


Acts,  1937.  —  Chap.  440. 


Payments, 
how  made. 


G.  L.  (Ter. 
Ed.),  118A,  §2, 
etc.,  amended. 


Local 
bureau. 


ing  the  nine  years  immediately  preceding  the  date  of  apph- 
cation  for  such  assistance  and  who  shall  have  resided  in 
the  commonwealth  continuously  for  one  year  immediately 
preceding  said  date  of  application,  shall  be  granted  under 
the  supervision  of  the  department  of  public  welfare,  in  this 
chapter  called  the  department.  Financial  assistance  granted 
hereunder  shall  be  given  from  the  date  of  application  there- 
for, but  in  no  event  before  the  applicant  reaches  the  age  of 
sixty-five,  and  in  determining  the  amount  of  assistance  to 
be  given  for  any  period  preceding  the  date  on  which  the 
application  was  favorably  passed  upon,  consideration  shall 
be  given  to  the  amount  of  welfare  relief,  if  any,  given  to 
such  applicant  during  said  period  under  any  other  provision 
of  law.  Such  assistance  shall,  wherever  practicable,  be  given 
to  the  aged  person  in  his  own  home  or  in  lodgings  or  in  a 
boarding  home,  which  for  the  purposes  hereof  shall  include 
any  institution  providing  shelter,  care  and  treatment  for 
aged  persons  which  is  not  supported  in  whole  or  in  part  by 
public  funds;  provided,  that  no  inmate  of  such  a  boarding 
home  or  institution  shall  be  eligible  for  assistance  under 
this  chapter  while  being  cared  for  under  a  contract;  and 
provided,  further,  that  for  the  purposes  of  this  chapter  any 
person  who,  while  such  an  inmate,  has  lost  or  shall  lose  his 
settlement  at  the  time  of  admission  to  such  home  or  insti- 
tution shall  be  deemed  to  have  no  settlement  in  the  com- 
monwealth. Such  assistance  shall  be  paid  by  check  or  in 
cash,  which  shall  be  delivered  to  the  applicant  at  his  resi- 
dence if  he  so  requests,  and  shall,  except  as  hereinafter  pro- 
vided, be  at  a  rate  of  not  less  than  thirty  dollars  monthly 
for  each  recipient,  or,  in  case  of  a  husband  and  wife  living 
together,  both  of  whom  are  eligible  for  such  assistance,  not 
less  than  fifty  dollars  monthly  for  both,  or,  in  case  of  sisters 
or  brothers  or  sisters  and  brothers  living  together,  all  of 
whom  are  so  eligible,  not  less  than  fifty  dollars  monthly  for 
two,  and  not  less  than  fifteen  dollars  monthly  for  each  addi- 
tional brother  or  sister  so  eligible. 

Section  2.  Said  chapter  one  hundred  and  eighteen  A, 
as  so  appearing,  is  hereby  further  amended  by  striking  out 
section  two  and  inserting  in  place  thereof  the  following :  — 
Section  2.  Each  board  of  public  welfare  shall,  for  the  pur- 
pose of  granting  adequate  assistance  and  service  to  such 
aged  persons,  establish  a  division  thereof  to  be  designated 
as  the  bureau  of  old  age  assistance.  In  determining  the 
need  for  financial  assistance,  said  bureaus  shall  give  con- 
sideration to  the  resources  of  the  aged  person,  but  no  action 
shall  be  brought  under  sections  twenty  to  twenty-two,  in- 
clusive, of  chapter  two  hundred  and  seventy-three  by  a 
board  of  public  welfare  in  connection  with  the  granting  of 
assistance  under  this  chapter  except  with  the  written  ap- 
proval of  the  department.  Not  later  than  fourteen  days 
from  the  initial  payment  to  applicants,  notice  on  a  form 
prescribed  by  the  department  shall  be  forwarded  to  the 
appeal  board  hereinafter  provided  for,  stating  in  each  case 


Acts,  1937.  —  Chap.  440.  605 

any  and  all  deductions  from  the  amounts  of  assistance  pre- 
scribed herein  and  the  reasons  for  all  such  deductions.  If 
said  deductions  in  a  particular  case  are  not  approved  by 
said  appeal  board  they  shall  not  be  made  in  subsequent 
payments  in  said  case  and  the  amount  of  deductions  made 
in  such  initial  payment  shall  be  added  to  the  amount  of 
the  next  succeeding  payment.  In  determining  the  amounts 
of  assistance  to  be  paid  under  this  chapter,  local  boards  of 
public  welfare  shall  determine  that  all  applicants  eligible 
for  such  assistance  shall  receive  such  assistance  in  the 
amounts  prescribed  herein  or  in  amounts  which  would  bring 
said  applicants'  total  income  to  the  equivalent  of  such 
amounts.  Separate  records  of  all  such  aged  persons  who 
are  assisted  shall  be  kept  and  reports  returned  in  the  man- 
ner prescribed  by  section  thirty-four  of  chapter  forty-one 
and  by  sections  thirty-two  and  thirt3^-three  of  chapter  one 
hundred  and  seventeen.  The  department  shall  make  an 
annual  report  to  the  general  court,  and  also  such  reports 
to  the  social  security  board  established  under  the  federal 
social  security  act,  approved  August  fourteenth,  nineteen 
hundred  and  thirty-five,  as  may  be  necessary  to  secure  to 
the  commonwealth  the  benefits  of  said  act. 

Section  3.     Said  chapter  one  hundred  and  eighteen  A,  ^^^i^^g"-  §3 
as  so  appearing,  is  hereby  further  amended  by  striking  out  etc!, 'amended. ' 
section  three  and  inserting  in  place  thereof  the  following :  — 
Section  3.     Any  person  aggrieved  by  the  failure  of  a  town  Appeal  upon 
to  render  adequate  assistance  under  this  chapter,  or  by  the  g^inraid. 
failure  of  the  board  of  public  welfare  of  a  town  to  approve 
or  reject   an   application   for  assistance    hereunder   within 
thirty  days  after  receiving  such  application,  shall  have  a 
right  of  appeal  to  a  board  composed  of  the  superintendent 
of  old  age  assistance  in  the  department,  the  director  of  the 
division  of  aid  and  relief  and  the  commissioner  of  public 
welfare,  ex  officio.    Said  board,  hereinafter  called  the  appeal 
board,  shall  forthwith  make  a  thorough  investigation  and 
shall  have  authority  to  act  upon  any  appeal  in  relation  to 
the  following  matters: 

1.  The  matter  of  denial  of  assistance  by  the  local  board 
of  public  welfare; 

2.  The  matter  of  a  change  in  the  amount  of  assistance 
given ; 

3.  The  matter  of  withdrawal  of  assistance; 

4.  The  matter  of  failure  to  receive  adequate  assistance 
under  this  chapter  by  reason  of  the  non-fulfillment  of  any 
agreement  made  by  a  third  person  to  contribute  toward 
the  support  and  maintenance  of  such  aged  person.  In  all 
cases  of  appeal  an  opportunity  for  a  fair  hearing  shall  be 
provided  by  the  appeal  board.  The  department  and  the 
appeal  board  may,  upon  its  own  motion,  review  any  de- 
cision of  a  local  board  of  public  welfare  or  of  a  bureau  of 
old  age  assistance,  and  may  consider  any  application  upon 
which  a  decision  has  not  been  made  by  such  a  board  or 
bureau  within  a  reasonable  time.     All  decisions  of  the  ap- 


606  Acts,  1937. —Chaps.  441,  442. 

peal  board  shall  be  binding  upon  the  local  board  of  public 
welfare  or  bureau  of  old  age  assistance  involved  and  shall 
be  complied  with  by  such  local  board  or  bureau. 

Approved  May  29,  1937. 

ChapAAl  An  Act  relative  to  the  issue  by  the  commonwealth  op 

BONDS  IN  CONNECTION  WITH  THE  ACQUISITION  OF  PROPERTY 
FOR  FLOOD  CONTROL  PURPOSES  IN  THE  CONNECTICUT  RIVER 
VALLEY. 

Eme^ency  Whereus,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  three  hundred  and  ninety-seven  of  the  acts  of 
the  current  year  is  hereby  amended  by  striking  out  section 
six  and  inserting  in  place  thereof  the  following :  —  Section  6. 
To  meet  the  expenditures  necessary  to  carry  out  the  provi- 
sions of  article  IX  of  said  compact  relating  to  the  payment 
by  the  commonwealth  to  the  Connecticut  river  valley  flood 
control  commission  of  the  proportionate  share  of  the  com- 
monwealth in  the  cost  of  acquisition  of  lands,  easements  and 
rights  of  way  for  the  dams  and  reservoirs  therein  provided 
as  the  initial  plan,  the  state  treasurer  shall  upon  request 
of  said  commission  issue  and  sell,  at  public  or  private  sale, 
bonds  of  the  commonwealth  registered  or  with  interest 
coupons  attached  as  he  may  deem  best  to  an  amount  to  be 
specified  by  said  commission  from  time  to  time,  but  not  in 
excess  of  one  million,  three  hundred  and  fifty  thousand  dol- 
lars in  the  aggregate,  nor  in  excess  of  six  hundred  and  seventy- 
five  thousand  dollars  in  any  one  year.  All  such  bonds  shall  be 
designated  on  their  face,  —  Connecticut  River  Valley  Flood 
Control  Loan,  and  shall  be  on  the  serial  payment  plan  for 
such  maximum  term  of  years  as  the  governor  may  recom- 
mend to  the  general  court  in  accordance  with  section  three 
of  article  LXII  of  the  amendments  to  the  constitution  of 
the  commonwealth,  the  maturities  thereof  to  be  so  arranged 
that  the  amount  payable  each  year,  other  than  the  final 
year,  shall,  as  nearly  as  in  the  opinion  of  the  state  treasurer 
is  practicable,  be  equal.  Said  bonds  shall  bear  interest  pay- 
able semi-annually  at  such  rate  as  the  state  treasurer,  with 
the  approval  of  the  governor  and  council,  shall  fix. 

Approved  May  29,  1937. 

Chap. 4^4:2  An  Act  relative  to  the  issue  by  the  commonwealth  of 

BONDS  IN  CONNECTION  WITH  THE  ACQUISITION  OF  PROP- 
ERTY FOR  FLOOD  CONTROL  PURPOSES  IN  THE  MERRIMACK 
RIVER  VALLEY. 

Emergency  Whereas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 


Acts,  1937. —Chap.  443.  607 

an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  pubUc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  four  hundred  and  twenty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking  out  section  six 
and  inserting  in  place  thereof  the  following:  —  Section  6. 
To  meet  the  expenditures  necessary  to  carry  out  the  provi- 
sions of  article  X  of  said  compact  relating  to  the  payment 
by  the  commonwealth  to  the  Merrimack  river  valley  flood 
control  commission  of  the  proportionate  share  of  the  com- 
monwealth in  the  cost  of  acquisition  of  lands,  easements  and 
rights  of  way  for  the  dams  and  reservoirs  therein  provided 
as  the  initial  plan,  the  state  treasurer  shall  upon  request  of 
said  commission  issue  and  sell,  at  public  or  private  sale, 
bonds  of  the  commonwealth  registered  or  with  interest  cou- 
pons attached  as  he  may  deem  best  to  an  amount  to  be 
specified  by  said  commission  from  time  to  time,  but  not  in 
excess  of  one  million,  one  hundred  and  forty-two  thousand 
five  hundred  dollars  in  the  aggregate,  nor  in  excess  of  five 
hundred  and  seventy-one  thousand  two  hundred  and  fifty 
dollars  in  any  one  year.  All  such  bonds  shall  be  designated 
on  their  face,  —  Merrimack  River  Valley  Flood  Control 
Loan,  and  shall  be  on  the  serial  payment  plan  for  such  maxi- 
mum term  of  years  as  the  governor  may  recommend  to  the 
general  court  in  accordance  with  section  three  of  article 
LXII  of  the  Amendments  to  the  Constitution  of  the  Com- 
monwealth, the  maturities  thereof  to  be  so  arranged  that 
the  amount  payable  each  year,  other  than  the  final  year, 
shall,  as  nearly  as  in  the  opinion  of  the  state  treasurer  is 
practicable,  be  equal.  Said  bonds  shall  bear  interest  pay- 
able semi-annually  at  such  rate  as  the  state  treasurer,  with 
the  approval  of  the  governor  and  council,  shall  fix. 

Ay-proved  May  29,  1937. 


Chap.US 


An  Act  transferring  a  portion  of  the  proceeds  of 

THE  gasoline  TAX  FROM  THE  HIGHWAY  FUND  TO  THE 
GENERAL  FUND. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  ^^^^^ 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  state  treasurer  is  hereby  authorized  and  directed  to 
transfer  the  sum  of  six  million  six  hundred  thousand  dollars 
from  the  Highway  Fund  to  the  General  Fund. 

Approved  May  29,  1987. 


608  Acts,  1937.  —  Chap.  444. 


C/iap.444  An  Act  to  apportion  and  assess  a  state  tax  of  twelve 

MILLION    TWO   HUNDRED    AND    FIFTY   THOUSAND   DOLLARS. 

Emergency  Whereas,  A  delaj'"  in  the  taking  effect  of  this  act  would 

cause  great  inconvenience  in  the  collection  of  the  state  tax, 
therefore  it  is  hereby  declared  to  be  an  emergency  law,  neces- 
sary for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  a  state  tax  for  the  current 
year  amounting  in  the  aggregate  to  twelve  million  two  hun- 
dred and  fifty  thousand  dollars.  The  cities  and  towns  in 
the  commonwealth  shall  be  assessed  and  charged  with,  and 
shall  pay,  said  tax  in  the  proportions  established  for  them, 
respectively,  by  chapter  three  of  the  acts  of  nineteen  hun- 
dred and  thirty-five.  The  comptroller  shall,  as  soon  as  may 
be,  prepare  a  schedule  showing  the  sum  with  which  each  city 
and  town  is  charged  in  accordance  herewith  and  transmit 
the  same  to  the  commissioner  of  corporations  and  taxation, 
who  shall  verify  the  sums  appearing  in  such  schedule  and 
as  soon  as  may  be  thereafter  shall  certify  it  as  so  verified  to 
the  state  treasurer.  A  copy  of  the  schedule  as  so  verified 
shall  be  kept  in  the  office  of  said  commissioner  and  shall  be 
open  to  public  inspection. 

Section  2.  Upon  receipt  by  the  state  treasurer  from  said 
commissioner  of  said  schedule  as  verified  and  certified  by 
him,  said  treasurer  shall  forthwith  send  his  warrants  to  the 
selectmen  or  assessors  of  each  city  and  town  taxed  as  afore- 
said, requiring  them  respectively  to  assess  in  the  manner  pro- 
vided in  section  twenty-one  of  chapter  fifty-nine  of  the 
General  Laws,  as  most  recently  amended  by  section  two  of 
chapter  three  hundred  and  seventy-six  of  the  acts  of  nineteen 
hundred  and  thirty-six,  the  sum  so  charged,  and  any  other 
taxes  or  charges  which  may  be  due  and  payable  to  the  com- 
monwealth as  specifically  provided  by  law  or  as  certified  to 
him  by  the  proper  state  board,  department  or  commission, 
and  to  add  the  amount  of  such  taxes  and  charges  to  the 
amount  of  city,  town  and  county  taxes  to  be  assessed  by  them 
respectively  on  each  city  and  town. 

Section  3.  The  state  treasurer  in  his  warrant  shall  re- 
quire the  selectmen  or  assessors  to  pay,  or  issue  severally 
their  warrant  or  warrants  requiring  the  treasurers  of  their 
several  cities  and  towns  to  pay,  to  the  state  treasurer,  on  or 
before  November  twentieth  in  the  current  year,  the  sums 
with  which  their  respective  cities  and  towns  are  charged  as 
provided  in  section  one;  and  the  selectmen  or  assessors, 
respectively,  shall  return  a  certificate  of  the  names  of  the 
treasurers  of  their  several  cities  and  towns,  with  the  sum 
which  each  may  be  required  to  collect,  to  the  state  treasurer 
at  some  time  before  September  first  in  the  current  year. 

Section  4.  If  the  amount  due  from  any  city  or  town,  as 
provided  in  this  act,  is  not  paid  to  the  state  treasurer  within 


Acts,  1937. —Chap.  445.  609 

the  time  specified,  the  state  treasurer  shall  notify  the  treas- 
urer of  such  delinquent  city  or  town,  who  shall  pay  into  the 
treasury  of  the  commonwealth,  in  addition  to  the  tax,  such 
further  sum  as  would  be  equal  to  one  per  cent  per  month 
during  the  delinquency  from  and  after  November  twentieth 
of  the  current  year;  and  if  the  same  remains  unpaid  after 
December  first  of  the  current  year,  an  information  may  be 
filed  by  the  state  treasurer  in  the  supreme  judicial  court,  or 
before  any  justice  thereof,  against  such  delinquent  city  or 
town;  and  upon  notice  to  such  city  or  town,  and  a  summary 
hearing  thereon,  a  warrant  of  distress  may  issue  against  such 
city  or  town  to  enforce  the  payment  of  said  taxes  under  such 
penalties  as  the  court,  or  the  justice  thereof  before  whom  the 
hearing  is  had,  shall  order.  The  state  treasurer  may  deduct 
at  any  time  from  any  moneys  which  may  be  due  from  the 
commonwealth  to  any  city  or  town  the  whole  or  any  part 
of  the  tax  herein  apportioned  or  any  other  tax  or  charge 
which  may  be  due  to  the  commonwealth  from  such  city  or 
town,  with  the  interest  accrued  thereon. 

Approved  May  29,  1937. 


An  Act  further  in  addition  to  the  general  appropria-  (]hnr)  445 

TION    ACT   MAKING    APPROPRIATIONS    TO    SUPPLEMENT    CER-  ^' 

TAIN   ITEMS   CONTAINED   THEREIN,    AND    FOR   CERTAIN   NEW 
ACTIVITIES  AND  PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    To  provide  further  for  supplementing  certain  Second 
items  in  the  general  appropriation  act,  and  for  certain  new  approprfaUon^ 
activities  and  projects,  the  sums  set  forth  in  section  two,  for  ^'='^- 
the  particular  purposes  and  subject  to  the  conditions  stated 
therein,  are  hereby  appropriated  from  the  general  fund  or 
ordinary  revenue  of  the  commonwealth,  unless  some  other 
source  of  revenue  is  expressed,  subject  to  the  provisions  of 
law  regulating  the  disbursement  of  public  funds  and  the 
approval  thereof. 

Section  2. 

Other  Appropriations. 

Item 

36m  For  certain  investigations  by  the  comnoittee  on  the 
judiciary  sitting  during  the  recess,  as  authorized 
by  chapter  fifty-five  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  twenty-five  hundred 
dollars $2,500  00 

36n  For  an  investigation  relative  to  the  Boston  Port 
Authority  and  relative  to  the  production  and  de- 
velopment of  commerce  of  the  port  of  Boston, 
as  authorized  bj"^  chapter  fifty-seven  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding 
fifteen  hundred  dollars 1,500  00 

36o  For  an  investigation  relative  to  the  development  of 
airports,  as  authorized  by  chapter  fifty-nine  of 
the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding fifteen  hundred  dollars  ....  1,500  00 


610  Acts,  1937. —Chap.  445. 

Item 

36p  For  an  investigation  relative  to  the  problem  of  hous- 
ing, as  authorized  by  chapter  sixty-four  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding 
fifteen  hundred  dollars $1,500  00 

36q  For  an  investigation  relative  to  the  sanitary  condi- 
tion of  certain  rivers,  as  authorized  by  chapter 
sixty-six  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  three  thousand  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose  ....  3,000  00 
605a  For  expenses  of  providing  treatment  for  certain  per- 
sons suffering  from  gonorrhea  or  syphilis,  as  au- 
thorized by  chapter  three  hundred  and  ninety-one 
of  the  acts  of  the  present  year,  a  sum  not  exceed- 
ing fifty  thousand  dollars 50,000  00 

605b  For  expenses  of  hospitalization  of  certain  patients 
suffering  from  chronic  rheumatism,  as  authorized 
by  chapter  three  hundred  and  ninety-three  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  nine 

thousand  dollars 9,000  00 

694a  For  the  improvement  of  Edgartown  harbor,  as  au- 
thorized by  chapter  twenty-seven  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  ten  thou- 
sand dollars 10,000  00 

694b  For  the  improvement  of  Cuttyhunk  harbor,  as  au- 
thorized by  chapter  twenty-nine  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  seventeen 

thousand  dollars 17,000  00 

217a  For  a  contribution  by  the  commonwealth  for  the 
development  of  Apremont  park  in  the  city  of 
Westfield,  a  sum  not  exceeding  two  thousand 
dollars,  the  same  to  be  paid  by  the  state  treasurer 
to  the  treasurer  of  the  county  of  Hampden  as 
authorized  by  chapter  three  hundred  and  eighty- 
nine  of  the  acts  of  the  present  year     .         .         .         2,000  00 

36r  For  an  investigation  relative  to  the  registration  of 
voters,  as  authorized  by  chapter  sixty-seven  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding 
one  thousand  dollars  .....  1,000  00 

36t  For  an  investigation  relative  to  certain  harbor  im- 
provements in  the  commonwealth,  as  authorized 
by  chapter  sixty-nine  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  twenty-five  hundred 
dollars 2,500  00 

36u  For  expenses  of  the  commission  on  interstate  co- 
operation as  authorized  by  chapter  four  hundred 
and  four  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  one  thousand  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appro- 
priated for  expenses  of  the  commission  on  inter- 
state compacts  affecting  labor  and  industries       .  1,000  00 

52  For  pensions  of  retired  justices  of  the  superior  court, 
a  sum  not  exceeding  eight  thousand  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      ....  8,000  00 

532  For  personal  services  of  deputies,  members  of  the 
board  of  parole  and  advisory  board  of  pardons, 
agents,  clerks  and  stenographers,  a  sum  not  ex- 
ceeding twenty-three  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose.  This  appropriation  pro- 
vides for  the  salaries  of  the  parole  board  as  now 
constituted,  and  any  money  heretofore  appro- 
priated for  allowances  for  the  former  board  is 
hereby  made  available       .....  2,300  00 


Acts,  1937. —Chap.  445.  611 

Item 

36v  For  an  investigation  relative  to  labor  matters,  as 
authorized  by  chapter  seventy  of  the  resolves  of 
the  present  year,  a  sum  not  exceeding  twenty- 
five  hundred  dollars $2,500  00 

36w  For  an  investigation  relative  to  construction,  alter- 
ation and  maintenance  of  buildings  in  the  city 
of  Boston,  as  authorized  by  chapter  seventy-one 
of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding one  thousand  dollars      ....  1,000  00 

694c  For  the  cost  of  dredging  Town  river  in  the  city  of 
Quincy,  as  authorized  by  chapter  four  hundred 
and  nineteen  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  sixty-eight  thousand  four  hundred 
and  sixty  dollars 68,460  00 

677a  For  the  meeting  of  payrolls  and  other  compensation 
and  expenses  incurred  by  the  department  of  public 
works  as  the  agency  of  the  commonwealth  for  the 
acquisition  of  lands,  easements  and  rights  of  way 
and  other  duties,  as  provided  in  chapters  three 
hundred  and  ninety-seven  and  four  hundred  and 
twenty-three  of  the  acts  of  the  present  year,  as 
amended,  for  flood  control  purposes  in  the  Con- 
necticut river  valley  and  the  Merrimack  river 
valley,  a  sum  not  exceeding  fifty  thousand  dollars, 
to  be  charged  against  receipts  from  the  treasurers 
of  the  interstate  compact  commissions  under  the 
provisions  of  said  chapters. 

190a  For  the  compensation  and  incidental  expenses  of 
the  members  appointed  to  represent  the  common- 
wealth on  the  interstate  compact  commission 
relative  to  flood  control  of  the  Merrimack  river, 
as  authorized  by  chapter  four  hundred  and  twenty- 
three  of  the  acts  of  the  present  year,  as  amended, 
a  sum  not  exceeding  four  thousand  dollars   .  .  4,000  00 

190b  For  the  compensation  and  incidental  expenses  of  the 
members  appointed  to  represent  the  common- 
wealth on  the  interstate  compact  commission 
relative  to  flood  control  of  the  Connecticut  river, 
as  authorized  by  chapter  three  hundred  and 
ninety-seven  of  the  acts  of  the  present  year,  as 
amended,  a  sum  not  exceeding  four  thousand  dol- 
lars   4,000  00 

733  For  the  payment  of  certain  annuities  and  pensions  of 
soldiers  and  others  under  the  provisions  of  certain 
acts  and  resolves,  a  sum  not  exceeding  two  thou- 
sand and  ninety  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for 
the  purpose 2,090  00 

738  For  the  payment  of  claims  authorized  by  certain 
resolves  of  the  current  year,  a  sum  not  exceeding 
fifteen  thousand  nine  hundred  twenty-eight  dol- 
lars and  eighty-three  cents.  Said  payments  shall 
be  certified  by  the  comptroller  of  the  common- 
wealth only  upon  the  filing  of  satisfactory  releases 
or  other  evidence  that  the  payments  are  accepted 
as  full  compensation  on  the  part  of  the  common- 
wealth in  respect  thereto  .....        15,928  83 

444a  For  personal  services  and  expenses  of  the  board  of 
registration  of  chiropody,  as  authorized  by  chap- 
ter four  hundred  and  twenty-five  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  one  thousand 
dollars 1,000  00 

465a  For  the  cost  of  promotion  and  development  of 
the  industrial,  agricultural  and  recreational  re- 
sources of  the  commonwealth,  to  be  administered 


612  Acts,  1937.  —  Chap.  446. 

Item 

by  the  Massachusetts  development  and  industrial 
commission,  as  authorized  by  chapter  four  hun- 
dred and  twenty-seven  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  fifty  thousand  dollars   .      $50,000  00 

726b  For  the  reconstruction  of  a  bridge  and  its  approaches 
over  the  Mystic  river  in  the  city  of  Medford  and 
the  town  of  Arlington  by  the  metropolitan  district 
commission,  as  authorized  by  chapter  four  hun- 
dred and  thirty-two  of  the  acts  of  the  present  year, 
a  sum  not  exceeding  fifty-two  thousand  five  hun- 
dred dollars,  to  be  paid  from  the  Highway  Fund   .        52,500  00 

465b  For  the  administration  by  the  labor  relations  com- 
mission of  chapter  four  hundred  and  thirty-six  of 
the  acts  of  the  present  year,  relative  to  labor  dis- 
putes and  other  purposes,  a  sum  not  exceeding  ten 

thousand  dollars 10,000  00 

36x  For  an  investigation  relative  to  the  extension  of 
rapid  transit  facilities  for  the  East  Boston  district 
of  the  city  of  Boston,  as  authorized  by  chapter 
seventy-three  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  one  thousand  dollars     .         .         1,000  00 

Total,  General  and  Highway  Funds         .         .    $325,278  83 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1937. 


ChavA4iQ  An  Act  relative  to  the  terms  of  certain  bonds,  notes 
OR  other  forms  of  written  acknowledgment  of  debt 

TO  BE  ISSUED  BY  THE  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  term  of  the  bonds  which  the  state  treas- 
urer is  authorized  to  issue  under  chapter  three  hundred  and 
ninety-seven  of  the  acts  of  the  current  year,  as  amended, 
providing  for  the  acquisition  of  property  for  flood  control 
purposes  in  the  Connecticut  River  Valley,  for  compliance  by 
the  commonwealth  with  the  interstate  compact  relative 
thereto,  and  for  further  study  relative  to  such  flood  control, 
shall  not  exceed  twenty  years,  as  recommended  by  the  gov- 
ernor in  a  message  to  the  general  court  dated  May  twenty- 
ninth,  nineteen  hundred  and  thirty-seven,  in  pursuance  of 
section  three  of  Article  LXII  of  the  amendments  to  the  con- 
stitution. 

Section  2.  The  term  of  the  bonds  which  the  state  treas- 
urer is  authorized  to  issue  under  chapter  four  hundred  and 
twenty-three  of  the  acts  of  the  current  year,  as  amended, 
providing  for  the  acquisition  of  property  for  flood  control 
purposes  in  the  Merrimack  River  Valley,  for  compliance  by 
the  commonwealth  with  the  interstate  compact  relative 
thereto,  and  for  further  study  relative  to  such  flood  control, 
shall  not  exceed  twenty  years,  as  recommended  by  the  gov- 
ernor in  a  message  to  the  general  court  dated  May  twenty- 
ninth,  nineteen  hundred  and  thirty-seven,  in  pursuance  of 
section  three  of  Article  LXII  of  the  amendments  to  the 
constitution. 


Acts,  1937.  —  Chap.  446.  613 

Section  3.  The  term  of  the  bonds,  notes  and  other  forms 
of  written  acknowledgment  of  debt  which  the  state  treas- 
urer is  authorized  to  issue  under  chapter  four  hundred  and 
thirty-three  of  the  acts  of  the  current  year,  relative  to  the 
construction  of  additional  sewers  in  the  north  metropolitan 
sewerage  district,  shall  not  exceed  twenty  years,  as  recom- 
mended by  the  governor  in  a  message  to  the  general  court 
dated  May  twenty-ninth,  nineteen  hundred  and  thirty- 
seven,  in  pursuance  of  section  three  of  Article  LXII  of  the 
amendments  to  the  constitution. 

Approved  May  29,  1937. 


RESOLVES. 


Resolve  providing  for  an  investigation  by  the  judicial 
council  relative  to  providing  security  for  payment 
for  material  employed  in  the  construction  or  repair 
of  buildings. 

Resolved,  That  the  judicial  council  be  requested  to  inves- 
tigate the  subject  matter  of  current  house  document  num- 
bered nine  hundred  and  seventy-nine,  relative  to  providing 
security  for  payment  for  material  employed  in  the  construc- 
tion or  repair  of  buildings,  and  to  include  its  conclusions 
and  recommendations  in  relation  thereto,  with  drafts  of  such 
legislation  as  may  be  necessary  to  give  effect  to  the  same,  in 
its  annual  report  for  the  current  year. 

Approved  March  19,  1937. 

Resolve  providing  for  an  investigation  by  the  judicial 
council  relative  to  the  liability  of  owners  and 
operators  of  aircraft  in  case  of  accident. 

Resolved,  That  the  judicial  council  be  requested  to  inves- 
tigate the  subject  matter  of  current  house  document  num- 
bered fourteen  hundred  and  thirty-four,  relative  to  the 
liability  of  owners  and  operators  of  aircraft  in  case  of  acci- 
dent, and  to  include  its  conclusions  and  recommendations 
in  relation  thereto,  with  drafts  of  such  legislation  as  may 
be  necessary  to  give  effect  to  the  same,  in  its  annual  report 
for  the  current  year.  Approved  March  19,  1937. 

Resolve  providing  for  a  further  investigation  and 
study  by  an  unpaid  special  commission  relative  to 
the  problems  of  taxation  and  of  public  expenditures. 

Resolved,  That  an  unpaid  special  commission,  hereinafter 
called  the  commission,  consisting  of  one  member  of  the  sen- 
ate to  be  designated  by  the  president  thereof,  three  members 
of  the  house  of  representatives  to  be  designated  by  the 
speaker  thereof,  and  three  persons  to  be  appointed  by  the 
governor,  is  hereby  established,  to  be  known  as  the  Special 
Commission  on  Taxation  and  Public  Expenditures.  The 
commission  shall  make  an  investigation  and  study  of  the 
general  subject  of  taxation  in  the  commonwealth  and  its 
political  subdivisions,  and  of  the  general  subject  of  public 
expenditures  therein;  including  among  other  things  the  as- 
sessment and  collection  of  taxes  by  the  commonwealth  and 
its  political  subdivisions  and  the  distribution  of  such  taxes, 
the  nature,  purposes,  origin  and  growth  of  public  expendi- 


Chap. 


Chap. 


Chap. 


616  Resolves,  1937. —Chap.  4. 

tures,  the  laws  and  practices  relating  to  budgets,  accounting, 
personnel,  contractual  services  and  purchasing;  the  func- 
tions and  activities  of  departments,  officers,  commissions 
and  boards  of  the  commonwealth  and  its  political  subdi- 
visions, and  the  fiscal  relations  between  the  commonwealth 
and  such  subdivisions;  and  generally  shall  investigate  and 
study  the  entire  problem  of  taxation  and  public  expendi- 
tures with  a  view  to  alleviating  the  burden  thereof. 

The  commission  shall  also  investigate  and  study  the  sub- 
ject matter  of  the  initiative  petitions,  now  pending  before 
the  general  court,  proposing  constitutional  amendments 
limiting  the  rate  of  taxation  on  real  estate  and  restricting 
the  use  of  certain  motor  vehicle  revenues  to  highway  pur- 
poses. 

The  commission  may  hold  public  hearings  and  may  call 
upon  officials  of  the  commonwealth  or  its  subdivisions  for 
such  information  as  it  may  desire  in  the  course  of  its  investi- 
gation and  studj^  The  commission  shall  be  provided  with 
quarters  in  the  state  house  or  elsewhere  and  shall  have  the 
power  to  summon  witnesses  and  to  require  the  production 
of  books,  records,  contracts  and  papers  and  the  giving  of 
testimony  under  oath.  The  commission  may  expend  for 
expert,  clerical  and  other  services  and  expenses,  the  sum  of 
fifteen  thousand  dollars,  which  sum  is  hereby  appropriated 
from  the  general  fund  or  revenue  of  the  commonwealth. 

The  commission  shall  report  to  the  general  court  the 
results  of  its  investigation  and  study,  and  its  recommenda- 
tions of  such  laws  or  regulations  as  it  believes  will  promote 
efficiency  and  economy  in  the  conduct  of  government  in 
the  commonwealth  and  its  political  subdivisions  and  will 
effect  more  equitable  taxation,  and  bring  about  improved 
methods  of  assessing,  collecting  and  distributing  public 
revenues.  Said  report  and  recommendations,  together  with 
drafts  of  legislation  necessary  to  carry  said  recommenda- 
tions into  effect,  shall  be  filed  with  the  clerk  of  the  house  of 
representatives  not  later  than  February  fifteenth,  nineteen 
hundred  and  thirty-eight.  The  commission  may,  from  time 
to  time,  submit  special  reports  and  recommendations  on 
specific  subjects  included  within  the  provisions  of  this  resolve 
to  the  governor  and  council,  or  submit  to  the  general  court 
special  reports  and  recommendations  on  such  specific  sub- 
jects, together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  during  the  present 
session  of  the  general  court.         Approved  March  29,  1937. 


Chap.  4  Resolve  providing  for  a  proclamation  by  the  gover- 
nor RELATIVE  TO  OBSERVANCES  DURING  THE  CURRENT 
YEAR  IN  COMMEMORATION  OF  THE  DISTINGUISHED  PUBLIC 
SERVICE    OF   HORACE    MANN. 

Whereas,  Horace  Mann  served  with  marked  distinction  as 
a  member  of  the  General  Court  during  the  years  eighteen 


Resolves,  1937. —Chaps.  5,  6.  617 

hundred  and  twenty-seven  to  eighteen  hundred  and  thirty- 
seven  and  was  the  president  of  the  senate  in  the  years 
eighteen  hundred  and  thirty-six  and  eighteen  hundred  and 
thirty-seven;  and 

Whereas,  In  the  year  eighteen  hundred  and  thirty-seven 
he  accepted  the  secretaryship  of  the  board  of  education 
of  this  commonweahh,  which  board  was  estabhshed  in  said 
year;  and 

Whereas,  His  labor  in  behalf  of  free  education  and  im- 
proved standards  of  instruction  have  immortalized  his  name ; 
and 

Whereas,  The  year  nineteen  hundred  and  thirty-seven  in 
educational  circles  throughout  the  nation  will  be  marked  as 
a  year  of  celebration  in  his  honor;  and 

Whereas,  It  is  highly  fitting  that  this  commonwealth  ex- 
press its  appreciation  of  Horace  Mann  and  his  distinguished 
service  and  devotion  to  the  pubUc  service  and  to  the  cause 
of  education ;  therefore  be  it 

Resolved,  That  the  governor  is  hereby  requested  to  set 
apart  a  day  during  the  current  year,  to  be  designated  Horace 
Mann  Day,  and  issue  a  proclamation  recommending  that 
said  day  be  observed  by  the  people  with  appropriate  exer- 
cises in  the  public  schools  and  otherwise  commemorative  of 
the  hfe  and  work  of  said  Horace  Mann. 

Approved  April  6,  1937. 


Chap. 


Resolve  providing  for  an  investigation  by  the  judi- 
cial COUNCIL  relative  TO  ATTACHMENTS  OF  WAGES,  AND 
CERTAIN   RELATED   MATTERS. 

Resolved,  That  the  judicial  council  be  requested  to  investi- 
gate the  subject  matter  of  current  senate  document  num- 
bered forty-nine  and  current  house  documents  numbered 
seven  hundred  and  twenty-tliree,  eight  hundred  and  forty- 
two,  eight  hundred  and  forty-three,  eleven  hundred  and 
twenty-one  and  fourteen  hundred  and  thirty-six,  relative  to 
attachments  of  wages,  and  certain  related  matters,  and  to 
include  its  conclusions  and  recommendations  in  relation 
thereto,  with  drafts  of  such  legislation  as  may  be  necessary 
to  give  effect  to  the  same,  in  its  annual  report  for  the  cur- 
rent year.  Approved  April  7,  1937. 

Resolve  in  aid  of  the  grand  army  of  the  republic,  Q^aj)      q 

DEPARTMENT   OF   MASSACHUSETTS. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  from  the  treasury  of  the  commonwealth  a  sum  not 
exceeding  one  thousand  dollars,  in  addition  to  any  unex- 
pended balance  remaining  from  any  amount  heretofore 
appropriated  for  the  same  purpose,  to  aid  in  defraying  the 
expenses  of  the  Grand  Army  of  the  Republic,  Department  of 
Massachusetts.    Payments  for  such  aid  shall  be  made  upon 


618  Resolves,  1937.  —  Chaps.  7,  8. 

the  presentation  to  the  comptroller  of  vouchers  therefor, 
approved  by  the  assistant  adjutant  general  and  the  com- 
mander of  said  department.  Approved  April  7,  1937. 

Chav.     7  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  COMMISSION  OF  THE  WHOLE  MATTER  OF  THE 
MENTALLY  DISEASED  IN  THEIR  RELATION  TO  THE  COMMON- 
WEALTH, INCLUDING  ALL  PHASES  OF  THE  WORK  OF  THE 
DEPARTMENT   OF   MENTAL   DISEASES. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  seven  persons  to  be  appointed  by  the  governor,  is  hereby 
established  for  the  purpose  of  making  an  investigation  and 
study  of  the  whole  matter  of  the  mentally  diseased  in  their 
relation  to  the  commonwealth,  including  all  phases  of  the 
work  of  the  department  of  mental  diseases,  particularly  as 
set  forth  in  so  much  of  the  address  of  His  Excellency,  the 
Governor,  printed  as  current  senate  document  number  one, 
as  relates  to  mental  diseases.  Said  commission  shall  hold 
hearings,  may  require  of  the  department  of  mental  diseases 
and  such  other  departments  and  such  commissions  or  officers 
of  the  commonwealth  as  have  or  can  obtain  information  in 
relation  to  the  subject  matter  of  this  resolve  such  assistance 
as  may  be  helpful  in  the  course  of  its  investigation  and 
study,  may  require  by  summons  the  attendance  and  testi- 
mony of  witnesses  and  the  production  of  such  books  and 
papers  as  relate  to  the  matter  under  investigation.  Said 
commission  shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere  and  may  expend  for  legal,  clerical  and 
other  services  and  expenses,  such  sums,  not  exceeding,  in  the 
aggregate,  seven  thousand  dollars,  as  may  hereafter  be  ap- 
propriated. Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study  and  its  rec- 
ommendations, if  any,  together  with  drafts  of  legislation 
necessary  to  carry  its  recommendations  into  effect,  by  filing 
the  same  with  the  clerk  of  the  house  of  representatives  not 
later  than  the  first  Wednesday  of  December  in  the  current 
year.  Approved  April  7,  1937. 

Chav      8  Resolve  in  favor  of  the  widow  of  the  late  albert  o. 

boyer. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good  and  in  consideration  of  his  meritorious  service  in  the 
general  court  of  this  commonwealth,  there  be  allowed  and 
paid  out  of  the  treasury  of  the  commonwealth  to  the  widow 
of  the  late  Albert  O.  Boyer,  who  died  while  a  member  of 
the  present  house  of  representatives,  the  balance  of  the  sal- 
ary to  which  he  would  have  been  entitled  had  he  lived  and 
served  until  the  end  of  the  current  session. 

Approved  April  13,  1937. 


Resolves,  1937. —Chaps.  9,  10,  11,  12.  619 

Resolve  providing  for  an  investigation  by  the  judicial  (JJidr)      9 
council  relative  to  the  organization  of  the  massa- 
chusetts  bar. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  two  hundred  and  eighteen  and  current  house 
documents  numbered  one  hundred  and  thirty-nine  and  two 
hundred  and  nineteen,  relative  to  the  organization  of  the 
Massachusetts  bar,  and  to  include  its  conclusions  and  rec- 
ommendations in  relation  thereto,  with  drafts  of  such  legis- 
lation as  may  be  necessary  to  give  effect  to  the  same,  in  its  * 
annual  report  for  the  current  year. 

Approved  April  13,  1937. 

Resolve   providing   for  the  acceptance   by  the   com-  (JJiav     10 

MONWEALTH  OF  A  TABLET  COMMEMORATING  THE  PUBLIC 
services  rendered  BY  JAMES  JACKSON  STORROW  AND 
THE  PLACING  OF  SUCH  MEMORIAL  TABLET  IN  THE  STATE 
HOUSE. 

Resolved,  That  a  memorial  tablet  commemorating  the 
public  services  of  James  Jackson  Storrow,  a  public  spirited 
citizen,  who  died  on  March  thirteenth,  nineteen  hundred 
and  twenty-six,  proposed  to  be  presented  to  the  common- 
wealth by  The  West  End  House,  Inc.,  be  accepted  and 
placed  in  some  appropriate  location  in  the  state  house,  to 
be  designated  by  the  art  commission  for  the  commonwealth; 
provided,  that  said  tablet  be  approved  by  it. 

Approved  April  13,  1937. 

Resolve  in  favor  of  the  lynn  chapter  of  the  yankee  Qhnr)     11 

DIVISION   veterans'    ASSOCIATION.  ^' 

Resolved,  That,  for  the  purpose  of  discharging  the  moral 
obligation  of  the  commonwealth  in  the  premises  and  after 
an  appropriation  has  been  made  therefor,  there  be  allowed 
and  paid  out  of  the  treasury  of  the  commonwealth  to  the 
Lynn  Chapter  of  the  Yankee  Division  Veterans'  Association 
a  sum  not  exceeding  four  hundred  and  ninety-four  dol- 
lars and  seventy-seven  cents,  to  reimburse  it  in  part  for 
expenses  incurred  by  it  in  the  dedication  of  the  General 
Clarence  R.  Edwards  bridge  in  the  year  nineteen  hundred 
and  thirty-six.  Approved  April  13,  1937. 

Resolve  increasing  the  scope  of  the  investigation  to  (Jhnj)    12 

BE   MADE   BY   THE   SPECIAL  COMMISSION   ON   TAXATION  AND  ^' 

PUBLIC    EXPENDITURES. 

Resolved,  That  the  special  commission  on  taxation  and 
public  expenditures,  established  by  chapter  three  of  the  re- 
solves of  the  current  year  to  investigate  and  study  relative 
to  the  problems  of  taxation  and  of  pubUc  expenditures,  shall, 


620  Resolves,  1937.  —  Chaps.  13,  14. 

in  carrying  out  its  work  under  said  resolve,  consider  the  sub- 
ject matter  of  current  house  document  numbered  fifteen 
hundred  and  ninety-four,  being  the  report  of  the  special  com- 
mission established  by  chapter  seventy-two  of  the  resolves  of 
nineteen  hundred  and  thirty-six  to  investigate  and  study 
said  problems,  and  also  the  subject  matter  of  current  house 
document  numbered  seven  hundred  and  seventy-six,  relative 
to  the  collection  of  water  rates,  and  of  current  house  docu- 
ment numbered  nine  hundred  and  nine,  relative  to  the  partial 
exemption  of  certain  dwelhng  houses  from  taxation. 

Approved  April  16,  1937. 


Chap,  13  Resolve  providing  for  an  investigation  relative  to  the 

IMPROVEMENT  OF  CONDITIONS  AT  MUSQUASHIAT  POND, 
SOMETIMES  CALLED  MUSQUASHCUT  POND,  IN  THE  TOWN  OF 
SCITUATE. 

Resolved,  That  the  department  of  pubhc  health  and  the 
department  of  public  works,  acting  as  a  joint  board,  are 
hereby  authorized  and  directed  to  consider  and  formulate  a 
plan  for  the  improvement  of  conditions  at  Musquashiat 
pond,  sometimes  called  Musquashcut  pond,  located  in  the 
town  of  Scituate  and  for  such  purpose  shall  consider  the 
questions  (1)  of  dredging  the  said  pond,  (2)  of  improving  its 
outlet  and  (3)  of  treating  the  pond  with  chemicals  for  the 
removal  of  microscopic  growths  and  for  the  correction  of  the 
fly  nuisance.  For  the  purposes  of  this  resolve,  said  board  may 
enter  on  any  land  adjoining  or  abutting  said  pond  and  its 
outlet  which  it  may  desire  to  survey  or  examine,  and  may 
expend  for  engineering  and  other  expenses,  including  chemi- 
cals, such  sums,  not  exceeding,  in  the  aggregate,  three  thou- 
sand dollars,  as  may  hereafter  be  appropriated  therefor. 
Said  board  shall  report  to  the  general  court  its  findings  and 
its  recommendations,  if  any,  together  with  drafts  of  legisla- 
tion necessary  to  carry  its  recommendations  into  effect,  by 
filing  the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  the  first  Wednesday  of  December  in  the  current 
year.  Approved  April  16,  1937. 

Chap,  14  Resolve  relative  to  the  disposition  of  certain  state 

HISTORICAL  publications  FOR  WHICH  THERE  IS  NOW  NO 
PUBLIC    DEMAND. 

Resolved,  That,  when  in  the  opinion  of  the  state  secretary 
and  the  chairman  of  the  commission  on  administration  and 
finance,  public  demand  for  any  historical  work  published 
under  any  special  act  or  resolve  more  than  five  years  prior  to 
the  effective  date  of  this  resolve  and  distributable  under  the 
supervision  of  the  state  secretary,  has  ceased  to  exist,  the 
copies  of  such  publication  remaining  in  the  hands  of  the  state 
secretary  may,  at  their  discretion,  be  sold  at  a  price  to  be 
fixed  by  them  or  be  otherwise  disposed  of. 

Approved  April  16,  1937. 


Resolves,  1937. —Chaps.  15,  16,  17.  621 


Resolve  authorizing  the  alcoholic  beverages  control  (Jhav.   15 

COMMISSION  to  order  THE  REFUNDING  OF  A  PART  OF  A  CER- 
TAIN license  FEE  TO  CHARLES  J.  DRAPER  OF  BELMONT. 

Resolved,  That  the  alcohoHc  beverages  control  commis- 
sion may  order  refunded  to  Charles  J.  Draper  of  Belmont, 
former  partner  in,  and  assignee  of  the  assets  of,  a  partner- 
ship formerly  doing  business  as  Gray-Draper  Company, 
which  applied  for  and  received  a  license  from  said  com- 
mission on  or  about  February  tenth,  nineteen  hundred  and 
thirty-four,  under  section  eighteen  of  chapter  one  hundred 
and  thirty-eight  of  the  General  Laws,  a  part  of  the  fee  paid 
by  it  for  such  license  which  is  proportionate  to  that  portion 
of  the  year  nineteen  hundred  and  thirty-four  subsequent 
to  June  twenty-third,  said  partnership  having  exercised  no 
right,  power  or  privilege  under  said  license  after  said  June 
twenty-third.  Any  sum  ordered  refunded  as  aforesaid  shall 
be  paid,  without  appropriation,  from  any  available  funds  in 
the  treasury  of  the  commonwealth  upon  order  of  said  com- 
mission, certified  by  the  comptroller. 

Approved  April  26,  1937. 

Resolve  providing  for  the  distribution  of  the  tercen-  (JJidj)    \Q 

TENARY  EDITION  OF  THE  GENERAL  LAWS  TO  CERTAIN  MEM-      ^' 
HERS  OF  THE  PRESENT  GENERAL  COURT. 

Resolved,  That  the  state  secretary,  in  distributing  the 
Tercentenary  Edition  of  the  General  Laws  to  members  of 
the  general  court  in  accordance  with  chapter  fifty-three  of 
the  resolves  of  nineteen  hundred  and  thirty-two,  shall  also 
distribute,  upon  written  request,  one  copy  thereof,  and  of 
the  index  thereto,  to  each  member  of  the  present  general 
court  who  was  not  a  member  of  the  general  court  during 
any  of  the  years  nineteen  hundred  and  thirty-one  to  nine- 
teen hundred  and  thirty-six,  inclusive. 

Approved  April  26,  1937. 


Resolve  providing  for  an  investigation  by  .\n  unpaid  (JJkij)^  17 
special  commission  relative  to  the  participation  by 

THE  COMMONWEALTH  IN  THE  WORLD's  FAIR  TO  BE  HELD 
IN  NEW  YORK  CITY  IN  THE  YEAR  NINETEEN  HUNDRED  AND 
THIRTY-NINE. 

Resolved,  That  a  special  unpaid  commission,  consisting 
of  one  member  of  the  senate  to  be  designated  b}''  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons 
to  be  appointed  by  the  governor,  is  hereby  established  for 
the  purpose  of  making  an  investigation  relative  to  partici- 
pation by  the  commonwealth  in  the  World's  Fair  to  be  held 
in  New  York  city  in  the  year  nineteen  hundred  and  thirty- 
nine.     Said  commission  shall  investigate  particularly  with 


622  Resolves,  1937.  —  Chaps.  18,  19. 

reference  to  exhibiting  at  said  World's  Fair  the  arts,  indus- 
tries, institutions,  resources,  products  and  general  develop- 
ment of  the  commonwealth  as  provided  in  current  senate 
document  numbered  sixty  and  current  house  documents 
numbered  two  hundred  and  twenty-six,  two  hundred  and 
twenty-seven  and  six  hundred  and  fifty-four.  Said  commis- 
sion may  expend,  subject  to  appropriation,  for  clerical  and 
other  assistance  and  expenses,  including  travel  within  and 
without  the  commonwealth,  such  sums,  not  exceeding,  in  the 
aggregate,  twenty-five  hundred  dollars,  as  may  be  approved 
by  the  governor  and  council.  Said  commission  may  hold 
public  hearings,  shall  be  furnished  with  quarters  in  the  state 
house  or  elsewhere  and  shall  report  to  the  general  court  the 
results  of  its  investigation  and  its  recommendations  relative 
thereto,  together  with  drafts  of  legislation  necessary  to  carry 
its  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  senate  on  or  before  the  first  Wednesday  of  De- 
cember in  the  current  year.  Approved  April  26,  1937. 


Chap.   18  Resolve  providing  for  the  placing  of  bronze  lettering 

UNDER  THE  MURAL  PAINTING  IN  THE  STATE  HOUSE  REPRE- 
SENTING THE  OFFICIAL  INSIGNIA  OF  THE  DISABLED  AMERICAN 
VETERANS  OF  THE  WORLD  WAR. 

Resolved,  That  there  may  be  expended  from  the  treasury 
of  the  commonwealth,  under  the  direction  of  the  art  commis- 
sion and  the  superintendent  of  buildings,  subject  to  appro- 
priation, a  sum  not  exceeding  four  hundred  dollars  for  the 
purpose  of  placing  in  the  state  house,  under  the  mural  paint- 
ing representing  the  official  insignia  of  the  Disabled  American 
Veterans  of  the  World  War,  bronze  lettering  to  harmonize 
with  that  appearing  under  the  mural  paintings  in  close 
proximity  thereto.  Approved  April  29,  1937. 

Chap.   19  Resolve  providing  for  the  making  and  placing  in  the 

STATE  house  OF  A  MURAL  PAINTING  COMMEMORATING  THE 
SACRIFICES    OF   WORLD   WAR   MOTHERS. 

Resolved,  That  there  may  be  expended  from  the  treasury 
of  the  commonwealth,  under  the  direction  of  the  art  com- 
mission and  the  superintendent  of  buildings,  subject  to 
appropriation,  a  sum  not  exceeding  five  hundred  dollars 
for  the  purposes  of  purchasing  necessary  materials  for  a 
suitable  mural  painting  commemorating  the  sacrifices  of 
World  War  mothers,  and  properly  placing  such  mural  paint- 
ing in  the  state  house  and  placing  under  such  mural  painting 
when  in  position  bronze  lettering  to  harmonize  with  that 
appearing  under  other  mural  paintings  in  close  proximity 
thereto.  Approved  April  29,  1937. 


Resolves,  1937. —Chaps.  20,  21,  22.  623 


Resolve  providing  for  an  investigation  by  the  metro-  (Jhnnrj    OO 

POLITAN   district   COMMISSION   RELATIVE   TO   THE    MAKING  ^' 

OF  FURTHER  IMPROVEMENTS  AT  MALIBU  BEACH,  SO  CALLED, 
LOCATED  WESTERLY  OF  THE  OLD  COLONY  PARKWAY  IN  THE 
DORCHESTER  DISTRICT  OF  THE  CITY  OF  BOSTON. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  investigate  the  advisa- 
biUty  of  making  further  improvements  at  or  near  Malibu 
beach,  so  called,  located  westerly  of  the  Old  Colony  parkway 
in  the  Dorchester  district  of  the  city  of  Boston.  Said  com- 
mission shall  report  to  the  general  court  the  results  of  its 
investigation,  and  its  recommendations,  if  any,  together  with 
estimates  of  cost  and  drafts  of  legislation  necessary  to  carry 
said  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  of  December  in  the  current  year. 

Approved  May  11,  1937. 

Resolve  providing  for  an  investigation  and  report  by  (Jfidy    21 

THE  department  OF  PUBLIC  HEALTH  ON  THE  QUESTION 
OF  DREDGING  AND  DEEPENING  THE  CHANNEL  OF  A  PART 
OF  THE  NEPONSET  RIVER  IN  THE  TOWN  OF  NORWOOD  OR 
ALTERING  THE  COURSE  THEREOF. 

Resolved,  That  the  department  of  public  health  is  hereby 
authorized  and  directed  to  investigate  and  study  the  sub- 
ject of  the  further  dredging  and  deepening  of  that  part  of 
the  Neponset  river  lying  in  the  town  of  Norwood  between 
state  highway  route  number  one  and  Trap  Hole  brook,  so 
called,  including  the  question  of  the  desirability  of  altering 
all  or  any  part  of  the  course  and  channel  of  said  river  be- 
tween said  points,  and  in  connection  therewith  to  make  such 
survey  or  surveys  as  may  be  necessary  or  desirable  to  en- 
able it  to  make  a  report  thereon.  Said  department  shall  re- 
port the  results  of  its  investigation  and  study  to  the  general 
court  by  fihng  its  report,  with  plans  and  estimates  of  cost, 
with  the  clerk  of  the  house  of  representatives  not  later  than 
the  first  Wednesday  of  December  in  the  current  year.  For 
the  purpose  of  carrying  out  the  provisions  of  this  resolve, 
said  department  may  expend,  subject  to  appropriation,  sums 
not  exceeding,  in  the  aggregate,  twenty-two  hundred  dollars. 

Approved  May  11,  1937. 

Resolve  providing  for  an  investigation  by  a  special  (Jfidy    22 

COxMMISSION  RELATIVE  TO  THE  REMOVAL  OF  THE  ATLANTIC 
avenue  SECTION,  SO  CALLED,  OF  THE  ELEVATED  RAILWAY 
STRUCTURE    IN    THE    CITY    OF   BOSTON. 

Resolved,  That  a  special  commission,  to  consist  of  the 
chairman  of  the  board  of  trustees  of  the  Boston  metropoli- 
tan district,  the  chairman  of  the  transit  department  of  the 
city  Qf  Boston,  the  corporation  counsel  of  said  city,  the  chair- 


624  Resolves,  1937.  —  Chaps.  23,  24. 

man  of  the  State  Street  Committee,  and  one  member  of  the 
metropolitan  transit  council  to  be  chosen  by  said  council, 
is  hereby  established  for  the  pm'pose  of  investigating  relative 
to  the  removal  of  the  elevated  railway  structiu-e  of  the 
Boston  Elevated  Railway  Company  located  on  Commercial 
street,  Atlantic  avenue,  Beach  street,  Harrison  avenue  and 
certain  other  public  and  private  lands  or  ways,  commonly 
known  as  the  Atlantic  avenue  section  of  the  elevated  rail- 
way structure  in  said  city.  In  making  said  investigation 
said  commission  is  requested  to  ascertain  the  attitude  of  the 
board  of  directors  of  said  railway  company  with  respect  to 
such  removal,  and  said  commission  may  consider  any  and 
all  problems  and  matters  in  any  way  germane  to  such  re- 
moval. Said  commission  shall  also  consider  the  subject 
matter  of  ciu-rent  house  document  numbered  sixteen  hun- 
dred and  nineteen.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation,  and  its  recom- 
mendations, if  any,  together  with  estimates  of  cost  and 
drafts  of  legislation  necessary  to  carry  such  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  the  first  Wednesday 
of  December  in  the  current  year. 

Approved  May  12,  1937. 

Chap.  23  Resolve  reviving  and  continuing  the  special  commission 
TO  prepare  plans  and  programs  for  the  celebration 

IN  THIS  commonwealth  OF  THE  THREE  HUNDREDTH  ANNI- 
VERSARY OF  THE  FIRST  PERMANENT  SETTLEMENT  IN  THIS 
COUNTRY   OF   THE   SWEDISH    COLONISTS. 

Resolved,  That  the  special  unpaid  commission  established 
by  chapter  seventy-four  of  the  resolves  of  nineteen  hundred 
and  thirty-six  to  devise  plans  and  programs  for  the  celebra- 
tion by  the  commonwealth  of  the  three  hundredth  anniver- 
sary of  the  first  permanent  settlement  in  this  country  of  the 
Swedish  colonists  is  hereby  revived  and  continued,  and  the 
final  report  of  said  commission,  together  with  drafts  of  legis- 
lation necessary  to  carry  its  recommendations  into  effect, 
shall  be  filed  with  the  clerk  of  the  house  of  representatives  on 
or  before  the  first  Wednesday  of  December  in  the  current 
year.  Approved  May  12,  1937. 

Chap.  24  Resolve  providing  for  an  investigation  and  study  by 

THE  DEPARTMENT  OF  PUBLIC  WORKS  RELATIVE  TO  CERTAIN 
PROPOSED  HIGHWAY  AND  OTHER  TRAFFIC  IMPROVEMENTS 
IN  THE  COMMONWEALTH  AND   CERTAIN  RELATED   MATTERS. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  the  subject  matter  of  current  senate  documents  numbered 
fourteen,  sixteen,  thirty-five,  one  hundred  and  eighteen,  one 
hundred  and  twenty,  one  hundred  and  sixty-two,  one  hun- 
dred and  sixty-three,   one  hundred  and  sixty-seven,   two 


Resolves,  1937.  —  Chap.  24.  625 

hundred  and  thirteen,  two  hundred  and  fifty-two  and  cur- 
rent house  documents  numbered  two  hundred  and  fifty,  two 
hundred  and  fifty-eight,  three  hundred  and  two,  three  hun- 
dred and  thirty-nine,  three  hundred  and  ninety-one,  three 
hundred  and  ninety-two,  four  hundred  and  eighteen,  six 
hundred  and  fourteen,  seven  hundred  and  six,  eight  hundred 
and   twenty-two,   eight   hundred   and   twenty-three,    eight 
hundred  and  twenty-four,  eight  hundred  and  twenty-five, 
nine  hundred  and  fifty-seven,  nine  hundred  and  sixty-one, 
nine  hundred  and  sixty-two,  nine  iiundred  and  sixty-four, 
nine  hundred  and  sixty-five,  nine  hundred  and  sixty-six,  nine 
hundred  and  sixty-seven,  nine  hundred  and  sixty-eight,  one 
thousand  and  ninety-six,  one  thousand  and  ninety-seven, 
twelve  hundred  and  thirty-eight,  thirteen  hundred  and  forty- 
four,  thirteen  hundred  and  forty-five,  thirteen  hundred  and 
forty-nine,  fourteen  hundred  and  twenty-six,  fourteen  hun- 
dred and  twenty-seven,  fifteen  hundred  and  forty-six,  fifteen 
hundred  and  forty-seven  and  sixteen  hundred  and  sixteen, 
relative  to  certain  proposed  highway  and  other  traffic  im- 
provements in  the  commonwealth.     Said  department  may 
also  study  and  investigate  such  other  highway  and  traffic 
improvements  related  to  the  specific  projects  included  within 
the  subject  matter  of  said  senate  and  house  documents  as 
it  may  deem  necessary  or  desirable.     Said  department  in 
carrying  out  its  investigation  and  study  hereunder  shall  con- 
sider particularly  as  to  whether  public  convenience  requires 
the  construction  or  carrying  out  of  said  proposed  highway 
and  other  traffic  improvements,  or  of  any  of  them,  and  if  so, 
it  shall  determine  as  to  each  of  said  projects  (1)  the  probable 
cost;  (2)  how  the  cost  of  said  improvements,  and  of  land 
takings  if  necessary  therefor,  should  be  apportioned;    (3)  by 
whom  said  improvements  should  be  made ;  and  (4)  by  whom 
said  improvements  should  be  maintained  upon  their  com- 
pletion.    Any  program  of  projects  which  may  be  recom- 
mended by  said  department  hereunder  shall  have  the  several 
projects  listed  in  the  order  of  their  respective  importance 
and  necessity  as  determined  by  said  department.    Said  de- 
partment may  prepare  such  maps  and  plans  as  it  may  deem 
necessary  or  desirable  in  connection  with  any  project  or 
projects  recommended  by  it  hereunder.     Said  department 
shall  also  investigate  and  study  the  subject  matter  of  current 
senate   documents   numbered   forty-six,   one   hundred   and 
nineteen  and  one  hundred  and  sixty-six  and  current  house 
documents  numbered  two  hundred  and  thirty-seven,  nine 
hundred  and  sixtj'-three  and  twelve  hundred  and  thirty- 
seven,  relative  to  the  care,  maintenance  and  control  of  cer- 
tain existing  state  highways,  the  subject  matter  of  current 
house  document  numbered  six  hundred  and  twelve,  relative 
to  increasing  the  amount  of  state  aid  for  the  repair  and  im- 
provement of  pubUc  ways  in  small  towns,  the  subject  matter 
of  current  house  document  numbered  nine  hundred  and 
fifty-eight,  relative  to  providing  for  uniform  traffic  signs, 
lights,  markings,  signal  systems  and  regulations  and  the 


626  Resolves,  1937.  —  Chaps.  25,  26. 

subject  matter  of  current  house  document  numbered  two 
hundred  and  fifty-nine,  relative  to  the  further  development 
of  the  Boston  airport,  so  called.  Said  department  shall  re- 
port to  the  general  court  its  findings  and  its  recommenda- 
tions, together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  May  12,  1937. 

Chap.  25  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  relative  TO  THE  MATTER  OF  REQUIRING  THE 
APPROVAL  BY  THE  GENERAL  COURT  OF  RULES  AND  REGU- 
LATIONS OF  STATE  DEPARTMENTS,  COMMISSIONS,  BOARDS 
AND    OFFICIALS. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to 
be  designated  by  the  speaker  thereof,  two  persons  to  be  ap- 
pointed by  the  governor,  and  the  chairman  of  the  commission 
on  administration  and  finance,  is  hereby  established  for  the 
purpose  of  investigating  the  subject  matter  of  current  senate 
document  numbered  fifty-nine,  relative  to  requiring  the  ap- 
proval by  the  general  court  of  rules  and  regulations  of  state 
departments,  commissions,  boards  and  officials.  Said  com- 
mission shall  report  to  the  general  court  the  results  of  its 
investigation,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  said  recommen- 
dations into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  the  first  Wednesday 
of  December  in  the  current  year. 

Approved  May  12,  1937. 

Chap.  26  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  COMMISSION  RELATIVE  TO  CONTRIBUTORY  PEN- 
SIONS FOR  EMPLOYEES  OF  THE  COMMONWEALTH  AND  OF 
THE   METROPOLITAN  DISTRICT   COMMISSION. 

Resolved,  That  the  commissioner  of  insurance  or  an  as- 
sistant to  be  designated  by  said  commissioner,  the  director 
of  the  division  of  accounts  in  the  department  of  corporations 
and  taxation  or  an  assistant  to  be  designated  by  said  director,^ 
and  the  executive  secretary  of  the  state  board  of  retirement, 
acting  as  a  special  commission,  are  hereby  authorized  and 
directed  to  make  a  survey  and  study  of  the  provisions  of  the 
General  Laws  providing  for  a  contributory  retirement  sys- 
tem for  employees  of  the  commonwealth  and  of  the  metro- 
politan district  commission,  with  a  view  to  recommending 
such  changes  in  said  provisions  of  law,  or  such  additions 
thereto,  as  said  commission  may  deem  advisable.  In  making 
its  investigation  and  study  hereunder,  said  commission  shall 
consider  the  subject  matter  of  current  house  documents  num- 


Resolves,  1937.  —  Chaps.  27,  28.  627 

bered  four  hundred  and  thirty-four,  eight  hundred  and  eighty- 
one,  one  thousand  and  twenty-two  and  fourteen  hundred  and 
sixty-nine.  Said  commission  shall  also  consider  the  subject 
matter  of  current  house  document  numbered  five  hundred 
and  thirteen,  relative  to  the  retirement  of  members  of  the 
division  of  state  police.  Said  commission  may  expend,  with 
the  approval  of  the  governor  and  council,  for  expenses  and 
expert,  actuarial,  clerical  and  other  assistance  such  sums, 
not  exceeding,  in  the  aggregate,  twenty-five  hundred  dollars, 
as  may  hereafter  be  appropriated.  Said  commission  shall 
report  to  the  general  court  its  findings  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary  to 
carry  its  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  of  December  in  the  current  year. 

Approved  May  12,  1937. 

Resolve  relative  to  certain  improvements  in  edgar-  nhr,^    07 

TOWN   HARBOR.  ^* 

Resolved,  That,  after  an  appropriation  has  been  made, 
there  be  allowed  and  paid  out  of  the  treasury  of  the  com- 
monwealth for  the  improvement  of  Edgartown  harbor,  in 
accordance  with  a  project  of  the  federal  government,  ten 
thousand  dollars;  provided,  that  no  part  of  said  amount 
shall  be  expended  until  the  congress  of  the  United  States 
shall  have  appropriated  the  sum  of  ten  thousand  dollars 
for  the  improvement  aforesaid,  and  the  town  of  Edgartown 
shall  have  appropriated  and  paid  into  the  state  treasury 
five  thousand  dollars  as  a  contribution  toward  said  improve- 
ment and  shall  have  agreed  to  provide,  free  of  cost,  suitable 
areas  for  the  disposal  of  the  dredged  material.  When  con- 
gress shall  have  made  the  appropriation  and  the  town  of 
Edgartown  its  contribution  and  agreement,  the  fifteen  thou- 
sand dollars  hereby  provided  shall  be  placed  to  the  credit 
of  the  secretary  of  war  of  the  United  States  as  a  cash  deposit, 
for  the  improvement  of  Edgartown  harbor. 

Approved  May  18,  1937. 

Resolve  providing  for  an  investigation  by  the  de-  Qhd'r)    28 

PARTMENT  OF  PUBLIC  HEALTH,  IN  CO-OPERATION  WITH 
THE  CITY  OF  WALTHAM  AND  THE  TOWN  OF  LEXINGTON, 
RELATIVE  TO  MEANS  AND  METHODS  OF  REMEDYING  THE 
POLLUTION  OF  A  GREAT  POND  KNOWN  AS  HARDY  POND, 
SITUATED  IN  THE  CITY  OF  WALTHAM  AND  DRAINING  A 
PART   OF   THE   TOWN    OF   LEXINGTON. 

Resolved,  That  the  department  of  public  health,  in  co- 
operation with  the  city  of  Waltham  and  the  town  of  Lex- 
ington, is  hereby  authorized  and  directed  to  investigate  and 
study  the  best  and  most  feasible  means  and  methods  of 
remedying  the  pollution  of  Hardy  pond,  a  great  pond,  the 
drainage  area  of  which  is  situated  in  the  city  of  AValtham 


628  Resolves,  1937.  —  Chaps.  29,  30. 

and  in  the  town  of  Lexington,  such  pollution  being  due  to 
conditions  described  in  a  report  of  the  metropolitan  district 
commission  to  the  general  court,  printed  as  house  document 
numbered  two  hundred  and  thirty  of  the  current  year.  Said 
department  shall  report  to  the  general  court  the  results  of 
its  investigation  and  study  and  its  recommendations,  in- 
cluding estimates  of  cost  and  drafts  of  legislation  necessary 
to  carry  said  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current 
year.  Approved  May  18,  1937. 

Chap.  29  Resolve  relative  to  certain  improvements  in  cutty- 
hunk  HARBOR. 

Resolved,  That,  after  an  appropriation  has  been  made, 
there  be  allowed  and  paid  out  of  the  treasury  of  the  com- 
monwealth for  the  improvement  of  Cuttyhunk  harbor  in 
accordance  with  a  project  of  the  federal  government,  seven- 
teen thousand  dollars;  provided,  that  no  part  of  said  amount 
shall  be  expended  until  the  congress  of  the  United  States 
shall  have  appropriated  the  sum  of  forty-five  thousand  five 
hundred  dollars  for  the  improvement  aforesaid,  and  the 
town  of  Gosnold  shall  have  appropriated  and  paid  into  the 
state  treasury  twenty-five  hundred  dollars  as  a  contribution 
toward  said  improvement  and  shall  have  agreed  to  provide, 
free  of  cost,  suitable  areas  for  the  disposal  of  the  dredged 
material.  When  congress  shall  have  made  the  appropria- 
tion and  the  town  of  Gosnold  its  contribution  and  agree- 
ment, the  nineteen  thousand  five  hundred  dollars  hereby 
provided  shall  be  placed  to  the  credit  of  the  secretary  of  war 
of  the  United  States  as  a  cash  deposit,  for  the  improvement 
of  Cuttyhunk  harbor.  Approved  May  18,  1937. 

Chap.  30  Resolve  providing  for  the  consideration  by  the  com- 
mission ON  interstate  compacts  affecting  labor  and 

INDUSTRIES  OF  CERTAIN  PROBLEMS  RELATING  TO  THE  EM- 
PLOYMENT OF  PERSONS  AND  THE  PRESERVATION  OF  FREE- 
DOM  AND    EQUALITY    OF   BARGAINING   POWER. 

Resolved,  That  the  commission  on  interstate  compacts 
affecting  labor  and  industries  is  hereby  directed  to  consider 
the  problem  of  forbidding  the  inclusion  in  contracts  relative 
to  employment  imposed  by  certain  persons,  firms  or  cor- 
porations, of  provisions  which  virtually  deny  to  employees  or 
persons  seeking  employment  and  who  sign  their  names  to 
said  contracts,  their  economic  freedom  in  exercising  their 
right  to  work  and  to  the  freedom  of  contract  provided  in 
the  constitution  of  the  United  States;  and  also  to  seek  the 
co-operation  of  the  interstate  conference  on  labor  compacts 
in  the  prohibiting  of  such  discrimination  by  forbidding  the 
inclusion  in  such  contracts  of  the  following  excessive  limi- 
tations : 


Resolves,  1937. —Chaps.  31,  32.  629 

That  the  amount,  basis  and  method  of  compensation  may- 
be changed  at  any  time  by  the  person,  firm  or  corporation 
offering  to  grant  such  employment. 

That  said  person,  firm  or  corporation  may,  with  or  with- 
out cause,  discharge  the  person  who  signed  said  contract. 

That  said  seeker  after  employment  agrees  that  he  will  not 
engage  in  like  employment  or  any  Hke  business,  in  any  of 
its  branches,  in  the  city  or  town  or  in  the  county  wherein 
said  contract  is  applicable,  until  twelve  months  from  the 
date  upon  which  he  leaves  the  service  of  said  person,  firm 
or  corporation.  Approved  May  18,  1937. 

Resolve  providing  for  the  establishment  of  certain  nhnrt    31 

IMPROVEMENTS    IN    THE    CHARLES    RIVER    BASIN    AS    MEMO-  ^  * 

RIALS   TO   JAMES   J.    STORROW. 

Resolved,  That,  in  perpetuation  of  the  memory  of  the  late 
James  J.  Storrow,  one  of  the  chief  sponsors  of  the  Charles 
River  basin,  the  improvements  made  therein  as  authorized 
by  Part  I  of  chapter  three  hundred  and  seventy-one  of  the 
acts  of  nineteen  hundred  and  twenty-nine,  between  Long- 
fellow bridge  and  Cottage  Farm  bridge,  singly  and  collec- 
tively, shall  be  known  as  the  Storrow  Memorial  Embank- 
ment, and  the  metropolitan  district  commission  is  hereby 
authorized  to  select  and  to  so  designate  certain  features  of 
said  improvements  by  placing  thereat  or  thereon  suitable 
markers.  Approved  May  18,  1937. 


Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  relative  TO  THE  ACTIVITIES  WITHIN  THIS 
COMMONWEALTH  OF  COMMUNISTIC,  FASCIST,  NAZI  AND 
OTHER    SUBVERSIVE    ORGANIZATIONS,    SO   CALLED. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
three  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  five  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons 
to  be  appointed  by  the  governor,  is  hereby  established  for 
the  purpose  of  investigating  the  activities  within  this  com- 
monwealth of  Communistic,  Fascist  and  Nazi  organizations, 
so  called,  and  all  other  organizations  promoting,  furthering 
or  participating  in  any  movements  which  are  subversive 
to  our  American  form  of  government,  or  which  advocate 
theories  or  doctrines  contrary  to  and  inconsistent  with  the 
constitutions  of  this  commonwealth  and  the  United  States, 
or  either  of  them,  particularly  the  sources  and  extent  of 
the  propagation  of  the  doctrines,  principles  and  theories  of 
said  organizations  by  speech  or  by  the  exhibition,  distribu- 
tion or  promulgation  of  written  or  printed  documents,  or 
otherwise.  Said  commission  shall  consider  what  means  or 
action,  if  any,  the  commonwealth  should  take  to  combat 
and  abate  the  spreading  of  such  un-American  doctrines, 
principles  and  theories  within  the  limits  of  this  common- 


Chav.  32 


630  Resolves,  1937.  —  Chap.  33. 

wealth.  Said  commission  shall  have  the  power  to  summon 
witnesses,  require  the  production  of  books,  records,  con- 
tracts and  papers,  and  require  the  giving  of  testimony  un- 
der oath.  Said  commission  may  expend  for  expenses  and 
legal,  clerical  and  other  assistance  such  sums,  not  exceed- 
ing, in  the  aggregate,  three  thousand  dollars,  as  may  here- 
after be  appropriated.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigations,  and  its  find- 
ings, and  its  recommendations  for  legislation  or  other  official 
action,  together  with  drafts  of  such  legislation  as  may  be 
necessary  to  carry  such  recommendations  into  effect,  by 
fifing  the  same  with  the  clerk  of  the  house  of  representa- 
tives on  or  before  the  first  Wednesday  of  December  in  the 
current  year.  Approved  May  18,  1937. 

Chav.  33  Resolve  providing  for  a  survey  and  study  by  a  special 

COMMISSION  OF  THE  LAWS  OF  THE  COMMONWEALTH  RELAT- 
ING TO  THE  TRANSPORTATION  OF  PROPERTY  BY  MOTOR 
VEHICLE. 

Resolved,  That  there  is  hereby  established  a  special  unpaid 
commission  to  consist  of  eleven  members  as  follows :  — 
One  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to 
be  designated  b}^  the  speaker  thereof,  the  director  of  the 
division  of  commercial  motor  vehicles  of  the  department 
of  public  utilities,  the  commissioner  of  public  works  or  an 
associate  commissioner  of  public  works  designated  by  said 
commissioner,  and  five  members  to  be  appointed  by  the 
governor  in  the  following  manner :  —  one  member  from 
three  candidates  nominated  by  the  Massachusetts  Federa- 
tion of  Labor,  one  member  from  three  candidates  nominated 
by  the  Motor  Truck  Rate  Bureau  of  Massachusetts,  Inc., 
one  member  from  three  candidates  nominated  by  The 
Expressmen's  League,  one  member  from  three  candidates 
nominated  by  the  Motor  Truck  Club  of  Massachusetts, 
Inc.,  and  one  member  from  three  candidates  nominated 
jointly  by  the  Boston  and  Maine  Railroad,  the  New  York, 
New  Haven  and  Hartford  Railroad  Company  and  the 
Boston  and  Albany  Railroad  Company.  Said  commission 
shall  make  a  survey  and  study  of  the  laws  of  the  common- 
wealth relating  to  the  transportation  of  property  by  motor 
vehicle  with  a  view  to  making  such  changes  therein  or 
additions  thereto  as  may  seem  advisable  for  clarifying  or 
improving  said  laws.  Said  commission  shall  consider  par- 
ticularly the  matter  of  making  said  laws  of  the  common- 
wealth consistent  and  harmonious  with  the  provisions  of 
federal  statutes  governing  interstate  highway  transporta- 
tion. Said  commission  shall  also  consider  the  subject  matter 
of  current  house  document  numbered  fourteen  hundred  and 
ninety- nine. 

The  said  commission  shall  be  provided  with  quarters  in 
the  state  house  or  elsewhere,  shall  hold  such  hearings  as  it 


Resolves,  1937.  —  Chaps.  34,  35.  631 

may  deem  expedient,  may  require  by  summons  the  attend- 
ance and  testimony  of  witnesses  and  may  expend  for  clerical, 
expert  and  other  expenses  such  sums,  not  exceeding,  in  the 
aggregate,  five  thousand  dollars,  as  may  hereafter  be  appro- 
priated. The  commission  shall  report  to  the  general  court 
the  results  of  its  investigation,  and  its  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
its  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  senate  on  or  before  the  first  Wednesday  of 
December  in  the  current  year. 

Approved  May  20,  1937. 

Resolve  providing  for  an  investigation  by  the  armory  (Jh^j)    34. 

COMMISSION   relative  TO   THE   ERECTION  OP  ARMORIES   IN  ^' 

THE  CITIES  OF  MELROSE  AND  CHICOPEE  AND  RELATIVE  TO 
THE  ACQUISITION  OF  LAND  IN  THE  CITY  OP  LAWRENCE  FOR 
ARMORY   PURPOSES   THEREIN. 

Resolved,  That  the  armory  commission  is  hereby  author- 
ized and  directed  to  investigate  the  subject  matter  of  cur- 
rent senate  document  numbered  three  hundred  and  sixty- 
four,  relative  to  the  erection  of  a  new  armory  in  the  city  of 
Melrose,  and  the  subject  matter  of  current  senate  docu- 
ment numbered  twenty-two,  relative  to  the  erection  of  a 
new  armory  in  the  city  of  Chicopee,  with  a  view  to  deter- 
mining suitable  locations  for  and  the  probable  cost  of  said 
armories.  Said  commission  shall  also  consider  the  subject 
matter  of  current  house  document  numbered  five  hundred 
and  eight,  relative  to  the  acquisition  of  land  in  the  city  of 
Lawrence  for  armory  purposes,  with  a  view  to  determining 
the  advisability  and  probable  cost  of  acquiring  the  parcel  of 
land  referred  to  in  said  house  document  or  other  land  in 
said  city  for  armory  purposes  therein.  Said  commission  shall 
report  to  the  general  court  the  results  of  its  investigations 
hereunder,  and  its  recommendations,  if  smy,  together  with 
drafts  of  legislation  necessary  to  carry  said  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  of  De- 
cember in  the  current  year.  Approved  May  20,  1937. 

Resolve  providing   for  an  investigation  by  the  de-  nhny    35 

PARTMENT    OP    PUBLIC    HEALTH    RELATIVE    TO    THE    ESTAB-  ^' 

LISHMENT  and  maintenance  in  the  COUNTY  OP  ESSEX 
OR  MIDDLESEX  OP  AN  INSTITUTION  FOR  THE  CARE  AND 
TREATMENT  OF  PERSONS  SUFFERING  FROM  CANCER. 

Resolved,  That  the  department  of  public  health  is  hereby 
authorized  and  directed  to  investigate  the  subject  matter  of 
current  senate  document  numbered  one  hundred  and  thirty- 
six,  relative  to  the  establishment  and  maintenance  in  the 
county  of  Essex  or  the  count}^  of  Middlesex  of  an  institution 
for  the  care  and  treatment  of  persons  suffering  from  cancer. 
Said  department  shall  report  to  the  general  court  the  results 


632  Resolves,  1937.  —  Chaps.  36,  37. 

of  its  investigation  and  its  recommendations,  if  any,  to- 
gether with  estimates  of  cost  and  drafts  of  legislation  neces- 
sary to  carry  such  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  senate  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  Mmj  20,  1937. 

Chav.  36  Resolve  relative  to  certain  expenses  in  connection 

WITH  THE  INTERSTATE  LEGISLATIVE  ASSEMBLY  AND  THE 
COMMISSION    ON    CONFLICTING   TAXATION, 

Resolved,  That,  subject  to  appropriation,  there  may  be 
paid  out  of  the  state  treasury  a  sum  not  exceeding  one 
thousand  dollars  for  defraying  the  expenses  of  delegates 
representing  the  general  court  in  attendance  upon  sessions 
of  the  interstate  legislative  assembly  to  be  held  during  the 
current  year  and  for  promoting  the  purposes  of  the  com- 
mission on  conflicting  taxation  authorized  and  created  by 
said  interstate  legislative  assembly.  Such  delegates  shall 
not  exceed  four  in  number  and  shall  represent  the  two 
leading  political  parties  as  defined  in  section  one  of  chapter 
fifty  of  the  General  Laws,  Approved  May  £4,  1937. 

Chap.  37  Resolve  providing  for  a  survey  and  study  by  a  special 

COMMISSION  relative  TO  THE  LAWS  OF  THE  COMMON- 
WEALTH RELATING  TO  THE  PROMOTION  AND  SALE  OF  SECU- 
RITIES,   AND    CERTAIN   RELATED    MATTERS. 

Resolved,  That  a  special  commission,  to  consist  of  one 
member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to 
be  designated  by  the  speaker  thereof,  the  attorney  general 
and  the  chairman  of  the  commission  of  the  department  of 
public  utiHties,  is  hereby  established  for  the  purpose  of  mak- 
ing a  survey  and  study  of  the  laws  of  the  commonwealth 
regulating  or  otherwise  pertaining  to  the  promotion  and  sale 
of  securities,  with  a  view  to  bringing  said  laws  into  har- 
mony with  the  Federal  Security  Act  of  1933,  so  called,  so 
far  as  may  be  practicable  and  desirable,  and  with  a  view 
to  the  making  of  any  other  improvements  in  said  laws  that 
may  seem  advisable.  Said  commission  shall  also  consider 
the  subject  matter  of  current  house  document  numbered 
forty-nine,  relative  to  including  mineral  deeds,  so  called, 
within  the  provisions  of  said  laws  of  the  commonwealth,  and 
also  the  subject  matter  of  current  senate  document  num- 
bered one  hundred  and  ninety-five,  relative  to  creating  a 
public  trust  commission  and  regulating  the  disposition  of 
evidences  of  indebtedness  under  protective  committee  agree- 
ments, so  called.  Either  the  attorney  general  or  the  chair- 
man of  the  commission  of  the  department  of  public  utili- 
ties, if  he  so  elects,  may  designate  an  officer  or  employee  in 
his  department  to  serve  in  his  place  on  said  commission. 
Said  commission  may  expend  for  expenses  and  clerical  and 


Resolves,  1937.  —  Chap.  38.  633 

other  assistance  such  sums,  not  exceeding,  in  the  aggregate, 
fifteen  hundred  dollars,  as  may  hereafter  be  appropriated 
therefor.  Said  commission  shall  report  to  the  general  court 
its  findings  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  said  recommenda- 
tions into  eflfect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  the  first  Wednesday 
of  December  in  the  current  year. 

Approved  May  24,  1937. 

Resolve  providing  for  an  investigation  by  a  special  nhnri    38 

COMMISSION  relative  TO  UNIVERSITY  EXTENSION  COURSES,  ^' 

certification  of  school  TEACHERS,  TEACHER-TRAINING 
INSTITUTIONS,  SO  CALLED,  EMPLOYMENT  BY  CITIES  AND 
TOWNS  OF  VISITING  TEACHERS,  STATE  REIMBURSEMENT  OF 
CITIES  AND  TOWNS  FOR  EXPENSES  INCURRED  FOR  INSTRUC- 
TION OF  CERTAIN  PHYSICALLY  HANDICAPPED  CHILDREN  IN 
THEIR  HOMES,  AND  FURNISHING  OF  INSTRUCTION  IN  LIP 
READING  FOR  CERTAIN  SCHOOL  CHILDREN  WHO  ARE  HARD 
OF   HEARING. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  three  persons  to  be  ap- 
pointed by  the  governor,  one  representative  of  the  depart- 
ment of  education  to  be  designated  by  the  commissioner  of 
education  and  one  representative  of  the  department  of  pub- 
lic welfare  to  be  designated  by  the  commissioner  of  pubhc 
welfare,  is  hereby  established  for  the  purpose  of  making  an 
investigation  relative  to  the  subject  matter  of  so  much  of 
the  governor's  address,  printed  as  current  senate  document 
numbered  one,  as  relates  to  university  extension  courses,  the 
certification  of  school  teachers,  and  teacher-training  insti- 
tutions, so  called,  and  also  the  subject  matter  of  current 
senate  document  numbered  two  hundred  and  ninety-two, 
relative  to  said  university  extension  courses,  of  current 
house  document  numbered  eight  hundred  and  fifteen,  rela- 
tive to  the  employment  by  cities  and  towns  of  visiting 
teachers,  of  current  house  document  numbered  thirteen  hun- 
dred and  thirty-eight,  relative  to  providing  for  reimburse- 
ment by  the  commonwealth  to  cities  and  towns  offering  in- 
struction to  physically  handicapped  children  in  their  homes 
and  of  current  house  document  numbered  eight  hundred 
and  sixteen,  relative  to  providing  instruction  in  lip  reading 
for  hard  of  hearing  children  in  pubhc  and  private  schools. 
Said  commission,  in  investigating  the  subject  matter  of  said 
current  house  document  numbered  eight  hundred  and  six- 
teen, shall  consider  particularly  whether  cities  and  towns 
furnishing  instruction  in  lip  reading  should  be  reimbursed, 
in  whole  or  in  part,  by  the  commonwealth  for  expenses  in- 
curred therefor.  Said  commission  may  expend  for  clerical 
and  other  services  and  expenses  such  sums,  not  exceeding, 


634  Resolves,  1937.  —  Chaps.  39,  40. 

in  the  aggregate,  fifteen  hundred  dollars,  as  may  hereafter 
be  appropriated  therefor.  Said  commission  shall  report  to 
the  general  court  the  results  of  its  investigations  hereunder, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  said  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  not  later  than  the  first  Wednesday  of  De- 
cember in  the  current  year.  Approved  May  26,  1937. 

Chav.   39  Resolve  providing  for  the  payment  from  the  state 

TREASURY  OF  THE  BALANCES  OF  THE  ESTATES  OF  JOHANNA 
o'dONNELL,  formerly  JOHANNA  DWYER,  AND  ANNE 
MCCANN,  WHICH  HAVE  ESCHEATED  TO  THE  COMMONWEALTH. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  from  the  treasury  of  the  commonwealth,  under  the 
direction  of  the  attorney  general,  to  the  respective  heirs  at 
law  or  next  of  kin  of  Johanna  O'Donnell,  formerly  Johanna 
Dwyer,  who  died  in  the  city  of  Chicopee  on  June  ninth, 
eighteen  hundred  and  ninety-four,  and  of  Anne  McCann, 
who  died  in  the  city  of  Boston  on  January  first,  nineteen 
hundred  and  ten,  or  to  their  respective  lawful  representa- 
tives, such  sums  as  may  be  found  by  the  attorney  general  to 
have  been  paid  into  said  treasury  as  the  respective  balances 
of  the  assets  belonging  to  the  estates  of  said  Johanna  O'Don- 
nell, formerly  Johanna  Dwyer,  and  said  Anne  McCann, 
under  the  provisions  of  section  ten  of  chapter  one  hundred 
and  ninety-four  of  the  General  Laws,  or  corresponding  pro- 
visions of  earlier  laws,  notwithstanding  the  expiration  of  the 
time  limited  by  said  section  for  the  recovery  of  such  sums. 
The  payment  of  said  sums  shall  be  made  only  upon  the  filing 
with  the  state  treasurer  of  agreements  signed  by  all  persons 
entitled  to  pajTnent  hereunder  that  the  amount,  if  any,  to 
be  paid  for  legal  services  rendered,  in  each  case,  in  connection 
with  the  passage  of  this  resolve  shall  not  exceed  ten  per  cent 
of  said  sums.  Approved  Maij  26,  1937. 

Chav  40  Resolve  providing  for  an  investigation  by  the  metro- 
politan  district  commission  relative  to  the  improve- 
ment OF  THE  CHARLES  RIVER  MEADOWS,  SO  CALLED,  AND 
THE  EXTENSION  OF  THE  VETERANS  OF  FOREIGN  WARS 
PARKWAY,  SO  CALLED,  INTO  THE  TOWN  OF  DEDHAM. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  investigate  the  subject 
matter  of  current  house  document  numbered  seven  hundred 
and  thirty-nine,  relating  to  the  improvement  of  the  Charles 
River  Meadows,  so  called,  and  the  extension  of  the  Veterans 
of  Foreign  Wars  Parkway,  so  called,  into  the  town  of 
Dedham.  Said  commission  shall  report  to  the  general  court 
the  results  of  its  investigation,  and  its  recommendations, 
if  any,  together  with  estimates  of  cost  and  drafts  of  legisla- 
tion necessary  to  carry  said  recommendations  into  effect,  by 


Resolves,  1937. —Chaps.  41,  42.  635 

filing  the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  the  first  Wednesday  of  December  in  the  current 
year.  Approved  May  26,  1937. 

Resolve  providing  for  an  investigation  relative  to  (Jhav    41 

THE  CIVIL  service  LAWS,  RULES  AND  REGULATIONS  BY 
THE  SPECIAL  COMMISSION  ON  TAXATION  AND  PUBLIC  EX- 
PENDITURES, AND  INCREASING  THE  MEMBERSHIP  OF  SAID 
COMMISSION  FOR  THE  PURPOSES  OF  SAID  INVESTIGATION. 

Resolved,  That  the  Special  Commission  on  Taxation  and 
Public  Expenditures,  established  by  chapter  three  of  the 
resolves  of  the  current  year  to  investigate  and  study  rela- 
tive to  the  problems  of  taxation  and  of  public  expenditures, 
shall,  in  carrying  out  its  work,  investigate  the  civil  service 
laws  of  the  commonwealth  and  the  rules  and  regulations 
made  thereunder,  with  a  view  to  the  revision  and  codifica- 
tion of  said  laws,  rules  and  regulations  and  to  the  recom- 
mending of  such  changes  therein  and  additions  thereto  as 
may  appear  necessary  or  desirable.  The  membership  of 
said  commission  is  hereby  increased  by  four  additional 
members,  of  whom  one  shall  be  a  member  of  the  senate  to 
be  designated  by  the  president  thereof  and  three  shall  be 
members  of  the  house  of  representatives  to  be  designated 
by  the  speaker  thereof;  provided,  that  said  additional 
members  shall  participate  in  the  investigations,  report  and 
recommendations  of  the  said  commission  to  the  extent  only 
that  they  relate  to  said  civil  service  laws,  rules  and  regula- 
tions. Approved  May  26,  1937. 

Resolve  providing  for  an  investigation  relative  to  Clmv    42 

THE  CONSTRUCTION  OF  ADDITIONAL  SEWERS  IN  THE  NORTH 
AND   SOUTH   METROPOLITAN   SEWERAGE  DISTRICTS. 

Resolved,  That  the  metropolitan  district  commission  and 
the  department  of  public  health,  acting  as  a  joint  board, 
are  hereby  authorized  and  directed  to  investigate  the  sub- 
ject matter  of  current  house  documents  numbered  five 
hundred  and  four,  five  hundred  and  five  and  five  hundred 
and  six,  relative  to  the  construction  of  additional  sewers 
in  the  north  and  south  metropolitan  sewerage  districts, 
including  any  matter  within  the  scope  of  the  petitions  ac- 
companied by  said  documents  which  may  seem  desirable. 
Said  joint  board  shall  report  to  the  general  court  the  results 
of  its  investigation  and  its  recommendations,  if  any,  to- 
gether with  drafts  of  legislation  necessary  to  carry  said 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  May  26,  1937. 


636  Resolves,  1937.  —  Chaps.  43,  44. 


Chap.  43  Resolve  providing  for  an  investigation  by  the  met- 
ropolitan DISTRICT  COMMISSION  RELATIVE  TO  THE  CON- 
STRUCTION OF  A  TRAFFIC  CIRCLE  AT  THE  INTERSECTION  OF 
THE  WEST  ROXBURY  PARKWAY  AND  GROVE  STREET  IN  THE 
TOWN    OF   BROOKLINE. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  investigate  the  subject 
matter  of  current  house  document  numbered  five  hundred 
and  fifty-six,  relative  to  the  construction  of  a  traffic  circle 
at  the  intersection  of  the  West  Roxbury  parkway  and 
Grove  street  in  the  town  of  BrookHne.  Said  commission 
in  making  its  investigation  hereunder  shall  give  particular 
consideration  to  the  matter  of  land  takings  that  may  be 
necessary  in  connection  with  the  construction  of  said  traffic 
circle.  Said  commission  shall  report  to  the  general  court 
the  results  of  its  investigation  and  its  recommendations,  if 
any,  together  with  estimates  of  cost  and  drafts  of  legislation 
necessary  to  carry  its  recommendations  into  effect,  by  filing 
the  same  with  the  clerk  of  the  house  of  representatives  on 
or  before  the  first  Wednesday  of  December  in  the  current 
year.  Approved  May  26,  1937. 


Chap.  44  Resolve  providing  for  an  investigation  and  study  by 

THE  DEPARTMENT  OF  CONSERVATION  RELATIVE  TO  THE 
ACQUISITION  BY  THE  COMMONWEALTH  OF  CERTAIN  LAND 
IN  WESTPORT  AND  ROCKPORT  FOR  STATE  PARK  OR  RESER- 
VATION PURPOSES  AND  RELATIVE  TO  THE  ESTABLISHMENT 
OF  A  STATE  FOREST  IN  HADLEY  AND  SOUTH  HADLEY. 

Resolved,  That  the  department  of  conservation  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  the  subject  matter  of  current  house  document  numbered 
two  hundred  and  ninety-seven,  relative  to  the  acquisition 
by  the  commonwealth  of  certain  property  at  HaHbut  Point 
in  the  town  of  Rockport  for  state  park  or  reservation  pur- 
poses, of  current  house  document  numbered  two  hundred 
and  ninety-eight,  relative  to  the  acquisition  by  the  com- 
monwealth of  certain  property  in  the  town  of  Westport 
for  state  park  or  reservation  purposes,  and  of  current  house 
document  numbered  seventeen  hundred  and  twenty-six, 
relative  to  the  establishment  of  the  Mount  Holyoke  State 
Forest  in  the  towns  of  Hadley  and  South  Hadley.  Said 
department  in  carrying  out  its  investigation  and  study  here- 
under shall  consider  particularly  as  to  whether  pubhc  con- 
venience requires  the  carrying  out  of  said  projects,  or  of 
any  of  them,  and  if  so,  it  shall  determine  as  to  each  of  said 
projects  the  probable  cost  thereof  and  how  such  cost  should 
be  apportioned.  Such  projects  as  may  be  recommended 
by  said  department  hereunder  shall  be  listed  in  the  order  of 
their  respective  importance  and  necessity  as  determined 
by  said  department.     Said  department  shall  report  to  the 


Resolves,  1937.  —  Chaps.  45,  46,  47.  637 

general  court  its  findings  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  May  26,  1937. 


Resolve  providing  for  an  investigation  by  the  attorney  QJkij)    45 
general  relative  to  the  payment  of  a  sum  of  money  ^' 

by  the  city  of  boston  on  account  of  the  death  of 
john  madden. 

Resolved,  That  the  attorney  general  is  hereby  authorized 
and  directed  to  investigate  the  subject  matter  of  current 
house  document  numbered  seventeen  hundred  and  eighty- 
one,  relative  to  authorizing  the  city  of  Boston  to  pay  a  sum 
of  money  to  the  mother  of  the  late  John  Madden,  and  to 
determine  the  facts  in  relation  thereto.  The  attorney  general 
shall  report  to  the  general  court  the  results  of  his  investiga- 
tion, and  his  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  for  carrying  said  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  senate  on 
or  before  the  first  Wednesday  of  December  in  the  current 
year.  Approved  May  26,  1937. 


Resolve   providing   for   an   investigation   and    study 
relative  to  the  prevention  and  control  of  occu 


PATIONAL   DISEASES. 

Resolved,  That  the  department  of  pubhc  health  and  the 
department  of  labor  and  industries,  acting  as  a  joint  board, 
shall  investigate  and  study  all  aspects  of  occupational  dis- 
eases with  a  view  to  determining  methods,  ways  and  means 
of  reducing  or  controlling  the  hazard  or  the  likelihood 
of  contracting  such  diseases.  The  said  joint  board  shall 
report  to  the  general  court  the  results  of  its  investigation 
and  study,  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  the  same  into  effect, 
by  fifing  the  same  with  the  clerk  of  the  house  of  representa- 
tives on  or  before  the  first  Wednesday  of  December  in  the 
current  year.  Approved  May  28,  1937. 

Resolve  providing  for  a  further  investigation  by  the  QJidj)    47 

DEPARTMENT  OF  CONSERVATION  RELATIVE  TO  THE  ACQUI- 
SITION  BY  THE  COMMONWEALTH  OF  SABBATIA  LAKE  AND 
ADJACENT  LAND  IN  THE  CITY  OF  TAUNTON. 

Resolved,  That  the  department  of  conservation  is  hereby 
authorized  and  directed  to  investigate  the  subject  matter 
of  current  house  document  numbered  two  hundred  and 
seventy-three  relative  to  the  taking  or  acquiring  by  the 
commonwealth  of  all  of  Sabbatia  Lake  in  the  city  of  Taun- 
ton, and  to  study  the  advisability  of  acquiring  land  adjacent 


638  Resolves,  1937.  —  Chaps.  48,  49,  50. 

to  said  lake,  for  state  reservation  purposes.  Said  depart- 
ment shall  report  to  the  general  court  the  results  of  its 
investigation  and  its  recommendations,  including  estimates 
of  cost,  and  drafts  of  legislation  necessary  to  carry  said 
recommendations  into  effect,  by  fiUng  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  May  28,  1937. 

Chap.  48  Resolve  in  favor  of  the  parents  of  francis  s.  murphy. 

Resolved,  That,  for  the  purpose  of  discharging  the  moral 
obligation  of  the  commonwealth  in  the  premises,  and  after 
an  appropriation  has  been  made  therefor,  there  be  allowed 
and  paid  out  of  the  treasury  of  the  commonwealth  to  James 
P.  Murphy  and  Annie  Murphy  of  Melrose,  the  sum  of 
two  thousand  dollars  on  account  of  the  death  of  their  son, 
Francis  S.  Murphy,  who  died  April  twelfth,  nineteen  hun- 
dred and  thirty-five,  in  consequence  of  injuries  sustained  at 
the  Wrentham  state  school.  Said  amount  shall  be  paid  in 
weekly  instalments  of  twenty-five  dollars  each.  No  pay- 
ment shall  be  made  hereunder  until  there  shall  have  been 
filed  with  the  state  treasurer  an  agreement  signed  by  said 
James  P.  Murphy  and  Annie  Murphy  that  the  amount,  if 
any,  to  be  paid  for  legal  services  rendered  in  connection 
with  the  passage  of  this  resolve  shall  not  exceed  ten  per 
cent  of  said  sum.  Approved  May  28,  1937. 

Chap.  49      Resolve  in  favor  of  agnes  l.  harrison  of  boston. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  from  the  treasury  of  the  commonwealth  to  Agnes 
L.  Harrison  of  Boston,  whose  husband,  John  Harrison,  was 
killed  by  lightning  while  in  the  performance  of  duty  as  an 
employee  of  the  military  department  of  the  commonwealth, 
an  annuity  of  six  hundred  and  sixty  dollars,  payable  in 
equal  monthly  instalments,  so  long  as  she  does  not  remarry, 
but  for  a  period  not  longer  than  five  years.  No  payment 
shall  be  made  hereunder  until  there  shall  have  been  filed 
with  the  state  treasurer  an  agreement  signed  by  said  Agnes 
L.  Harrison  that  the  amount,  if  any,  to  be  paid  for  legal 
services  rendered  in  connection  with  the  passage  of  this 
resolve  shall  not  exceed  ten  per  cent  of  the  amounts  paid 
hereunder.  Approved  May  28,  1937. 

Chap.   50        Resolve  in  favor  of  mary  kinzler  of  Cambridge. 

Resolved,  That,  for  the  purpose  of  discharging  the  moral 
obhgation  of  the  commonwealth  in  the  premises,  and  after 
an  appropriation  has  been  made  therefor,  there  be  allowed 
and  paid  out  of  the  treasury  of  the  commonwealth  to  Mary 
Kinzler,  of  Cambridge,  the  sum  of  four  thousand  dollars  on 
account  of  the  death  of  her  son,  Theodore  Kinzler,  who  died 


Resolves,  1937. —Chaps.  51,  52.  639 

as  a  result  of  injuries  sustained  by  him  at  the  state  prison 
on  March  twelfth,  nineteen  hundred  and  thirty-six.  Said 
sum  shall  be  paid  in  weekly  instalments  of  twenty-five 
dollars  each.  No  payment  shall  be  made  hereunder  until 
there  shall  have  been  filed  with  the  state  treasurer  an  agree- 
ment signed  by  said  Mary  Kinzler  that  the  amount,  if  any, 
to  be  paid  for  legal  services  rendered  in  connection  with  the 
passage  of  this  resolve  shall  not  exceed  ten  per  cent  of  said 
sum.  Approved  May  28,  1937. 

Resolve  providing  for  an  investigation  by  a  special  (Jh(ir>    ^\ 

UNPAID  commission  RELATIVE  TO  PROTECTING  THE  PURITY 
OF  INTERSTATE  WATERS  USED  FOR  DRINKING  PURPOSES. 

Resolved,  That  a  special  unpaid  commission  to  consist  of 
the  commissioner  of  public  health,  or  a  representative  of 
his  department  designated  by  him,  the  state  secretary,  or  a 
representative  of  his  department  designated  by  him,  and 
the  attorney  general,  or  a  representative  of  his  department 
designated  by  him,  is  hereby  authorized  and  directed  to 
investigate  relative  to  the  need  of  additional  legislation  for 
the  purpose  of  protecting  the  purity  of  all  waters  used  as 
sources  of  pubHc  drinking  water  supply  by  states  adjoining 
this  commonwealth,  with  a  view  to  reciprocal  action  by  such 
adjoining  states  for  the  benefit  of  this  commonwealth.  Said 
special  commission  shall  report  to  the  general  court  the  re- 
sults of  its  investigation  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  fifing  the  same  with  the  clerk 
of  the  house  of  representatives  on  or  before  the  first  Wednes- 
day of  December  in  the  current  year. 

Approved  May  28,  1937. 

Resolve  relative  to  the  transfer  of  certain  trust  Qhnrf    52 

FUNDS    for    the    PERPETUAL    CARE    OF    LOTS    IN    QUABBIN 
PARK   CEMETERY   IN  THE   TOWN   OF  WARE. 

Resolved,  That,  for  the  purpose  of  carrying  out  the  pro- 
visions of  chapter  thirty-three  of  the  resolves  of  nineteen 
hundred  and  thirtj^-six,  the  selectmen  of  any  town,  the 
officers  of  any  cemetery  corporation  and  the  trustees  or  other 
officers  of  any  church  or  parish,  or  private  or  other  cemetery, 
shall,  upon  written  request  of  the  metropolitan  district  water 
suppl}^  commission  or  its  successors,  transfer  to  the  metro- 
pohtan  district  water  supply  commission  or  its  successors, 
or  to  the  state  treasurer,  trust  funds  established  for  the 
benefit  or  care  of  any  cemetery  or  lots  therein  which  contained 
remains  removed  to  Quabbin  Park  Cemetery  in  the  town  of 
Ware  prior  to  the  completion  of  said  cemetery,  notwith- 
standing any  provisions  of  section  nine  of  chapter  three  hun- 
dred and  twenty-one  of  the  acts  of  nineteen  hundred  and 
twenty-seven,  or  any  provisions  of  chapter  one  hundred  and 
fourteen  of  the  General  Laws. 


640  Resolves,  1937.  —  Chaps.  53,  54. 

The  state  treasurer  may  accept  such  trust  funds  and  shall, 
if  they  are  in  cash,  safely  invest  them  as  provided  by  section 
thirty-eight  of  chapter  twenty-nine  of  the  General  Laws,  or, 
if  they  are  in  the  form  of  securities  or  savings  bank  deposits, 
may  hold  them  in  their  original  form  or  may,  with  the  ap- 
proval of  the  governor,  sell  or  convert  them  and  may  rein- 
vest the  proceeds  as  provided  by  said  section  thirty-eight. 

Approved  May  28,  1937. 


Chap.  53  Resolve  further  increasing  the  scope  of  the  investi- 
gation TO  BE  MADE  BY  THE  SPECIAL  COMMISSION  ON  TAXA- 
TION AND  PUBLIC  EXPENDITURES. 

Resolved,  That  the  special  commission  on  taxation  and 
public  expenditures,  established  by  chapter  three  of  the  re- 
solves of  the  current  year  to  investigate  and  study  relative  to 
the  problems  of  taxation  and  of  public  expenditures,  shall, 
in  carrying  out  its  work,  consider  the  subject  matter  of  the 
bill  accompanying  a  message  of  the  governor  to  the  general 
court,  printed  as  current  house  document  numbered  nine- 
teen hundred  and  fifty-one,  relative  to  the  establishment, 
powers  and  duties  of  housing  authorities  in  the  common- 
wealth. Approved  May  28,  1937. 


Chap.  54  Resolve   providing   for   an   investigation   and   study 

BY  THE  METROPOLITAN  DISTRICT  COMMISSION  RELATIVE 
to  CERTAIN  PROPOSED  BRIDGE,  TRAFFIC,  BATH  HOUSE, 
RECREATIONAL  AND  OTHER  IMPROVEMENTS  WITHIN  THE 
METROPOLITAN  PARKS  DISTRICT,  AND  RELATIVE  TO  THE 
ACQUISITION  FOR  RECREATIONAL  PURPOSES  OF  CERTAIN 
PROPERTY   IN   THE   TOWN   OF  NAHANT. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  make  an  investigation 
and  study  of  the  subject  matter  of  current  house  document 
numbered  five  hundred  and  seven,  relative  to  the  construc- 
tion of  a  building  for  bath  house  and  recreational  purposes 
at  the  beach  at  Gerry's  Landing  on  the  Charles  river  in 
the  city  of  Cambridge,  of  current  house  document  numbered 
seven  hundred  and  five,  relative  to  the  installation  by  the 
department  of  public  works  of  traffic  lights  at  the  junction 
of  the  parkway  and  Webster  avenue  in  the  city  of  Chelsea, 
of  current  house  document  numbered  seven  hundred  and 
thirty-seven,  relative  to  dredging  and  otherwise  improving 
Hemenway's  pond  in  the  town  of  Milton,  of  current  house 
document  numbered  ten  hundred  and  seven,  relative  to  the 
construction  of  a  public  lavatory  on  Winthrop  shore  drive 
in  the  town  of  Winthrop,  of  current  house  document  num- 
bered seventeen  hundred  and  thirty-seven,  relative  to  the 
construction  and  maintenance  of  a  bath  house  at  Lake 
Quannapowitt  in  the  town  of  Wakefield,  and  to  investigate 
and  study  relative  to  the  advisabihty  of  the  acquisition 


Resolves,  1937.  —  Chap.  55.  641 

for  reservation  purposes  by  said  commission  of  property  in 
that  part  of  the  town  of  Nahant,  commonly  known  as  the 
Bass  Point  section.  Said  commission,  in  carrying  out  its 
investigation  and  study  hereunder,  shall  consider  particu- 
larly as  to  whether  public  convenience  requires  the  con- 
struction or  carrjdng  out  of  said  improvements,  or  of  any 
of  them,  and  if  so,  it  shall  determine  as  to  each  of  said 
projects  (1)  the  probable  cost;  (2)  how  the  cost  should 
be  apportioned;  (3)  by  whom  said  improvements  should 
be  made;  and  (4)  by  whom  said  improvements  should  be 
maintained  upon  their  completion.  Any  program  of  proj- 
ects that  may  be  recommended  by  said  commission  here- 
under shall  have  the  several  projects  listed  in  the  order  of 
their  respective  importance  and  necessity  as  determined  by 
said  commission.  Said  commission  may  prepare  such  maps 
and  plans  as  it  may  deem  necessary  or  desirable  in  connec- 
tion with  any  project  or  projects  recommended  by  it  here- 
under. Said  commission  shall  report  to  the  general  court 
its  findings  and  its  recommendations,  if  any,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current 
year.  If  the  said  commission  determines  that  any  recom- 
mendations made  by  it  hereunder  require  legislation  other 
than  an  appropriation  of  money  for  the  carrying  out  thereof 
it  shall  include  in  its  report  drafts  of  such  legislation  as 
may  be  necessary.  Approved  May  28,  1937. 

Resolve    providing   for   an   investigation   and    study  Chav    55 

DURING  THE  RECESS  OF  THE  GENERAL  COURT  BY  THE 
COMMITTEE  ON  THE  JUDICIARY  RELATIVE  TO  THE  DISTRICT 
COURT  SYSTEM   OF  THE   COMMONWEALTH. 

Resolved,  That  the  committee  on  the  judiciary  is  hereby 
authorized  to  sit  during  the  recess  of  the  general  court  to 
make  an  investigation  and  study  of  the  district  court  sys- 
tem of  the  commonwealth  with  a  view  to  recommending 
such  changes  in  said  system  as  it  may  deem  necessary  or 
desirable.  Said  committee  shall  also  consider  the  matter  of 
salaries  of  justices,  special  justices,  clerks  and  assistant 
clerks  of  district  courts  and  also  the  matter  of  providing 
pensions  for  special  justices  of  said  courts.  In  making  its 
investigation  and  study  hereunder,  said  committee  shall 
consider  the  subject  matter  of  so  much  of  the  governor's 
address,  printed  as  current  senate  document  numbered  one, 
as  relates  to  the  reorganization  and  consolidation  of  the  dis- 
trict courts  and  providing  full  time  service  with  adequate 
compensation  for  justices,  so  much  of  the  twelfth  annual 
report  of  the  judicial  council  as  relates  to  various  plans  for 
reorganizing  the  district  courts,  the  appointment  of  auditors 
in  motor  tort  cases  in  district  courts  and  to  extending  limited 
equity  jurisdiction  to  district  courts,  and  the  subject  matter 
of  current  senate  documents  numbered  one  hundred  and 
thirty-two  and  two  hundred  and  ninety-five  and  current 


642  Resolves,  1937.  —  Chaps.  56,  57. 

house  documents  numbered  three  hundred  and  seventy- 
seven,  four  hundred  and  twenty-one,  four  hundred  and 
seventy-two,  five  hundred  and  thirty-three,  nine  hundred, 
eleven  hundred  and  fourteen,  twelve  hundred  and  forty- 
four,  twelve  hundred  and  ninety-five,  thirteen  hundred  and 
sixty  and  thirteen  hundred  and  ninety-three,  and  so  much 
of  the  subject  matter  of  house  document  numbered  seven- 
teen hundred  and  fifty  of  the  year  nineteen  hundred  and 
thirty-six  as  relates  to  the  subject  matter  of  this  resolve. 
Said  committee  may  expend  for  expenses  and  clerical  and 
other  assistance  such  sums,  not  exceeding,  in  the  aggre- 
gate, twenty-five  hundred  dollars,  as  may  hereafter  be  appro- 
priated. Said  committee  shall  report  to  the  general  court 
the  results  of  its  investigation  and  study,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  said  recommendations  into  effect,  by  fifing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  May  28,  1937. 

Chap.   56  Resolve  providing  for  an  investigation  and  study  by 

THE  COMMITTEE  ON  THE  JUDICIARY  DURING  THE  RECESS 
OF  THE  GENERAL  COURT  RELATIVE  TO  THE  TRIAL  OF  CIVIL 
ACTIONS  IN  DISTRICT  COURTS  BY  JURIES  OF  SIX. 

Resolved,  That  the  committee  on  the  judiciary  is  hereby 
authorized  to  sit  during  the  recess  of  the  general  court  to 
make  an  investigation  and  study  of  the  subject  matter  of 
current  senate  document  numbered  seventeen,  relative  to 
the  trial  of  civil  actions  in  district  courts  by  juries  of  six. 
Said  committee  shall  report  to  the  general  court  the  results 
of  its  investigation  and  studj^,  and  its  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
said  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  May  28,  1937, 

Chap.  57  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  RELATIVE  TO  THE  BOSTON  PORT  AUTHORITY 
AND  RELATIVE  TO  THE  PRODUCTION  AND  DEVELOPMENT  OF 
THE  COMMERCE  OF  THE  PORT  OF  BOSTON. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof  and  three  persons  to  be 
appointed  by  the  governor,  is  hereby  established  for  the  pur- 
pose of  making  an  investigation  relative  to  the  organization, 
functioning  and  problems  of  the  Boston  Port  Authority  and 
relative  to  ways  and  means  of  facilitating  the  production  and 
development  of  the  commerce  of  the  port  of  Boston.  In 
making  its  investigation  hereunder,  said  commission  shall 


Resolves,  1937.  —  Chap.  58.  643 

consider  the  subject  matter  of  so  much  of  the  governor's 
address,  printed  as  current  senate  document  numbered  one, 
as  relates  to  the  port  of  Boston,  of  current  house  document 
numbered  four  hundred  and  fifty-five,  creating  the  port  of 
Boston  authority  and  defining  its  powers  and  duties,  of  cur- 
rent house  document  numbered  ten  hundred  and  forty, 
providing  for  the  more  representative  character  of  the 
membership  of  the  Boston  Port  Authority,  of  current  house 
document  numbered  eleven  hundred  and  sixty-one,  creat- 
ing the  Boston  Trade  and  Shipping  Commission,  of  current 
house  document  numbered  twelve  hundred  and  ninety- 
eight,  relative  to  the  duties  of  the  Boston  Port  Authority, 
and  of  current  house  document  numbered  eighteen  hundred 
and  twenty-five,  relative  to  the  construction  and  mainte- 
nance by  the  department  of  public  works  of  an  additional 
pier  for  the  purpose  of  improving  and  developing  the  port 
of  Boston.  For  the  purposes  of  this  resolve,  said  commis- 
sion may  expend  such  sums,  not  exceeding,  in  the  aggregate, 
fifteen  hundred  dollars,  as  may  hereafter  be  appropriated 
therefor.  Said  commission  shall  report  to  the  general  court 
the  results  of  its  investigation,  and  its  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
said  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  Mmj  28,  1937. 

Resolve  further  increasing  the  scope  of  the  investi-  nhnj)     kq 

GATION    TO    BE    MADE    BY    THE     SPECIAL    COMMISSION     ON  "' 

TAXATION   AND    PUBLIC    EXPENDITURES. 

Resolved,  That  the  special  commission  on  taxation  and 
pubhc  expenditures,  estabhshed  by  chapter  three  of  the 
resolves  of  the  current  year  to  investigate  and  study  rela- 
tive to  the  problems  of  taxation  and  of  public  expenditures, 
shall,  in  carrying  out  its  work,  consider  the  subject  matter 
of  current  house  documents  numbered  one  hundred,  one 
hundred  and  three,  one  hundred  and  four,  one  hundred  and 
six,  two  hundred  and  three,  four  hundred  and  sixty-four, 
four  hundred  and  sixty-six,  fourteen  hundred  and  ninety- 
two  and  sixteen  hundred  and  eighty-one,  relative  to  certain 
corporation,  income  and  other  taxes,  certain  excises  and  cer- 
tain state  and  municipal  finance  matters,  and  also  the  sub- 
ject matter  of  current  house  document  numbered  seventeen 
hundred  and  twenty-one,  relative  to  the  term  of  office  of 
certain  state  officers,  of  current  house  document  numbered 
two  hundred  and  eighteen,  relative  to  making  the  payment 
of  a  motor  vehicle  excise  tax  previously  assessed  a  pre- 
requisite to  the  registration  of  certain  motor  vehicles,  and 
of  current  house  document  numbered  four  hundred  and  fifty- 
eight,  relative  to  an  excise  on  registered  trailers  in  lieu^of 
a  local  tax.  Approved  May  28,  1937. 


644  Resolves,  1937.  —  Chaps.  59,  60. 


Chap.  59  Resolve  providing  for  a  study  by  a   special  unpaid 

COMMISSION  RELATIVE  TO  THE  PROPER  PLANNING,  LOCA- 
TION AND  DEVELOPMENT  OF  AIRPORTS  AND  TO  A  DEFINITE 
POLICY  AND  PROGRAM  WITH  RESPECT  TO  AVIATION  AND 
RELATED    MATTERS    WITHIN    THE    COMMONWEALTH. 

Resolved,  That  a  special  unpaid  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  two  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  two  persons 
to  be  appointed  by  the  governor,  is  hereby  estabhshed  for 
the  purpose  of  investigating  and  studying  the  subject  mat- 
ter of  the  governor's  message,  printed  as  current  house  docu- 
ment numbered  eighteen  hundred  and  fifty-eight,  relating 
to  the  proper  planning,  location  and  development  of  air- 
ports and  to  a  definite  policy  and  program  with  respect  to 
aviation  and  related  matters  within  the  commonwealth. 
The  commission  shall  hold  public  hearings,  shall  be  pro- 
vided with  quarters  in  the  state  house  or  elsewhere,  and 
may  expend,  with  the  approval  of  the  governor  and  council, 
for  clerical  and  other  services  and  expenses,  including  travel 
within  and  without  the  commonwealth,  such  sums,  not 
exceeding,  in  the  aggregate,  fifteen  hundred  dollars,  as  may 
hereafter  be  appropriated.  The  commission  shall  report  to 
the  general  court  the  results  of  its  investigation  and  study, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  its  recommendations  into 
effect,  by  fihng  the  same  with  the  clerk  of  the  senate  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  May  28,  1937. 


Chap.  60  Resolve  providing  for  an  investigation  and  study  by 
A  special  commission  relative  to  certain  problems 

in  the  MERRIMACK  VALLEY,  SO  CALLED. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
the  commissioner  of  public  health,  the  commissioner  of  the 
department  of  public  utilities,  the  commissioner  of  public 
works,  the  commissioner  of  conservation,  or  a  representa- 
tive to  be  designated,  in  each  instance,  by  such  commis- 
sioner, and  the  chairman  of  the  state  planning  board,  is 
hereby  established  for  the  purpose  of  making  an  inves- 
tigation and  stud}^  relative  to  certain  problems  existing 
within  the  territory  of  the  cities  and  towns  of  Amesbury, 
Andover,  Chelmsford,  Dracut,  Groveland,  Haverhill,  Law- 
rence, Lowell,  Merrimac,  Methuen,  Newburj^,  Newburyport, 
North  Andover,  Salisbury,  Tewksbury,  Tyngsboro  and 
West  Newbury,  commonly  known  as  the  Merrimack  valley. 
Said  commission  shall,  with  respect  to  said  territory,  con- 
sider the  following  problems  and  matters: 

(a)  Transportation  service  and  facilities; 

(6)  Traffic  conditions; 


Resolves,  1937. —Chap.  61.  645 

(c)  Establishment  and  operation  of  a  sewerage  district; 

(d)  Disposal  of  waste  and  refuse; 

(e)  Purification  of  the  waters  of  the  Merrimack  river; 

(/)  The  improvement  of  roads,  highways  and  bridges  and 
the  improvement  and  beautification  of  roadsides; 

(g)  The  improvement  of  waterways,  particularly  the  Mer- 
rimack river  with  a  view  to  making  said  river  navigable ; 

(/i)  Water  supply; 

(i)  Acquisition  and  improvement  of  recreational  facilities, 
including  the  construction  of  bath  houses  and  beaches; 

0')  Acquisition  of  sites  for  parks,  playgrounds,  outing 
groves  and  camping  facihties  and  providing  for  winter 
sports; 

(k)  Stocking  of  waterways  for  fishing; 

(l)  Flood  control  of  the  waters  of  the  Merrimack  river; 

(m)  Soil  erosion  and  conservation;   and 

(n)  General  improvement  of  natural  resources. 

Said  commission  shall  also  consider  the  subject  matter 
of  current  house  document  numbered  fourteen  hundred  and 
twenty-one,  relative  to  the  establishment  of  the  Merrimack 
Valley  District  and  the  Merrimack  Valley  District  Commis- 
sioners. Said  commission  shall  confer  with  local  planning 
agencies  with  regard  to  such  of  said  problems  and  matters 
being  investigated  and  studied  by  it  as  it  may  deem  nec- 
essary or  advisable.  It  shall  recommend  the  method  of 
carrying  into  effect  and  financing  projects  recommended  by 
it  and  shall  make  such  maps,  plans  and  estimates  of  cost 
as  may  be  necessary. 

Said  commission  shall  report  to  the  general  court  the 
result  of  its  investigation  and  study  hereunder,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  said  recommendations  into  effect,  by 
filing  the  same  with  the  clerk  of  the  senate  on  or  before  the 
first  Wednesday  of  December  in  the  current  year. 

Approved  May  28,  1937. 


Resolve  in  favor  of  albert  w.  rockwood  of  wakefield.  Chuv.  61 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  out  of  the  treasury  of  the  commonwealth  to  Albert 
W.  Rockwood,  of  Wakefield,  the  sum  of  twelve  thousand 
six  hundred  and  forty-three  dollars  and  sixty  cents,  in  full 
payment  for  legal  services  rendered  by  him  to  the  common- 
wealth in  the  cases  of  Commonwealth  vs.  Davis  and  other- 
wise, and  for  expenses  incurred  or  paid  by  him  in  connection 
therewith.  Approved  May  28,  1937. 


646  Resolves,  1937. —Chaps.  62,  63,  64,  65. 


Chap.  62  Resolve  providing  for  an  investigation  relative  to 

THE    furnishing    BY    SCHOOL    COMMITTEES     OF    FOOD    TO 
UNDERNOURISHED    SCHOOL   CHILDREN. 

Resolved,  That  the  special  commission  established  by 
chapter  thirty-eight  of  the  resolves  of  the  current  year  shall, 
in  carrying  out  its  work  under  said  resolve,  consider  the 
subject  matter  of  current  house  document  numbered  nine 
hundred  and  fifty-two,  relative  to  the  furnishing  by  school 
committees  of  food  to  undernourished  school  children. 

Approved  May  28,  1937. 


Chap.  63  Resolve  increasing  the  scope  of  the  investigation  to 

BE    MADE    BY    THE    SPECIAL    COMMISSION    ESTABLISHED    TO 
INVESTIGATE  CERTAIN  EDUCATIONAL  MATTERS. 

Resolved,  That  the  special  commission  established  by 
chapter  thirty-eight  of  the  resolves  of  the  current  year  to 
investigate  certain  educational  matters,  shall,  in  carrying 
out  its  work  under  said  resolve,  consider  the  subject  matter 
of  current  senate  document  numbered  two  hundred  and 
eleven,  relative  to  making  certain  changes  in  the  law  per- 
taining to  vocational  education  to  include  distributive  oc- 
cupations and  to  comply  with  the  provisions  of  the  amended 
federal  laws  thereon.  Approved  May  28,  1937. 


Chap.  64  Resolve  providing  for  an  investigation  and  study  by 

THE    STATE    BOARD    OF   HOUSING    RELATIVE    TO    THE    PROB- 
LEM   OF   HOUSING. 

Resolved,  That  the  state  board  of  housing  shall  investi- 
gate and  study  the  problem  of  housing  and  the  expediency 
and  desirability  of  the  estabhshment  in  the  commonwealth 
of  a  uniform  compulsory  code  of  laws  with  relation  to  the 
general  problems  of  health,  sanitation  and  construction 
relative  to  housing.  Said  board  shall  include  in  its  annual 
report  to  the  general  court  the  results  of  its  investigation 
and  study  hereunder  and  its  recommendations,  together 
with  drafts  of  legislation  necessary  to  carry  the  same  into 
effect.  Approved  May  28,  1937. 


Chap.  65  Resolve  providing  for  an  investigation,  relative  to 

RAISING  THE  AGE  LIMIT  FOR  COMPULSORY  SCHOOL  ATTEND- 
ANCE FOR  MINORS,  BY  THE  SPECIAL  UNPAID  COMMISSION, 
ESTABLISHED  TO  INVESTIGATE  CERTAIN  EDUCATIONAL 
MATTERS. 

Resolved,  That  the  special  unpaid  commission  estabUshed 
by  chapter  thirty-eight  of  the  resolves  of  the  current  year 
shall,  in  carrying  out  its  work  under  said  resolve,  consider 
the  subject  matter  of  current  house  document  numbered 


Resolves,  1937. —Chaps.  66,  67.  647 

fourteen  hundred  and  nineteen,  relative  to  raising  the  age 
Hmit  for  compulsory  school  attendance  for  minors  from 
fourteen  to  sixteen  years,  and  related  matters  of  age. 

Approved  Mmj  28,  1937. 


Chap.   66 


Resolve  relative  to  the  investigation  by  the  depart- 
ment OF  PUBLIC  HEALTH,  IN  CO-OPERATION  WITH  THE 
FEDERAL  WORKS  PROGRESS  ADMINISTRATION,  OF  THE  SANI- 
TARY CONDITION  OF  CERTAIN  RIVERS  WITHIN  THE  COM- 
MONWEALTH. 

Resolved,  The  department  of  public  health  is  hereby 
authorized  and  directed  to  continue  the  investigation  pro- 
vided by  chapter  forty-nine  of  the  resolves  of  nineteen  hun- 
dred and  thirty-six,  in  co-operation  with  the  Federal  Works 
Progress  Administration,  and  also  to  investigate,  in  co- 
operation therewith,  the  sanitary  condition  of  the  Ten  Mile 
river  in  the  vicinity  of  Attleboro,  of  the  French  and  Quinne- 
baug  rivers  in  the  vicinity  of  Webster  and  Dudley,  of  the 
Millers  river  in  the  vicinity  of  Northampton,  of  the  Concord 
and  Assabet  rivers,  of  the  Nashua  river  in  the  vicinity 
of  Fitchburg  and  Clinton,  of  the  Merrimack  river,  of  the 
Blackstone  river,  of  the  Charles  river  in  the  vicinity  of 
Boston,  of  the  Mystic  river,  of  the  Neponset  river  in  the 
vicinity  of  Dedham,  Hyde  Park  and  Mattapan,  and  of 
such  other  rivers  within  the  commonwealth  as  said  depart- 
ment may  determine.  Said  department  shall  also,  in  co- 
operation with  said  administration,  assemble  data  pertain- 
ing to  the  pollution  of  the  Connecticut  river.  For  the  said 
purposes  said  department  may  expend  for  services,  other 
than  personal  services,  and  for  traveling  expenses,  supphes, 
materials  and  equipment,  such  sums,  not  exceeding,  in  the 
aggregate,  three  thousand  dollars,  as  may  hereafter  be  ap- 
propriated therefor,  in  addition  to  the  unexpended  balance 
of  the  amount  appropriated  by  item  586b  of  chapter  four 
hundred  and  thirty-two  of  the  acts  of  nineteen  hundred  and 
thirty-six.  Said  department  shall  report  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary  to 
carry  such  recommendations  into  effect,'  by  fihng  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  of  December  in  the  current  year. 

Approved  May  28,  1937. 


Resolve  providing  for  an  investigation  by  a  special  Phnrf    PJ7 

COMMISSION  RELATIVE  TO  THE  REGISTRATION  OF  VOTERS. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  the  attorney  general,  the 
state  secretary,  the  chairman  of  the  Republican  state  com- 
mittee, the  chairman  of  the  Democratic  state  committee 


648  Resolves,  1937. —Chap.  68. 

and  one  person  to  be  appointed  by  the  governor,  is  hereby 
established  for  the  purpose  of  recommending  legislation  de- 
signed to  establish  the  identity  of  voters  at  the  polls,  and  for 
the  purpose  of  investigating  the  matter  of  the  registration 
of  voters,  with  a  view  to  determining  the  advisabihty  of 
providing  for  a  re-registration  of  voters.  If  said  commission 
does  not  deem  such  re-registration  advisable,  it  shall  con- 
sider the  advisability  of  providing  for  a  certification  of  the 
existing  lists  of  voters.  In  making  its  investigation  here- 
under, said  commission  shall  consider  the  subject  matter  of 
current  senate  documents  numbered  two  hundred  ninety- 
three  and  four  hundred  and  twelve.  Any  member  of  said 
commission  other  than  an  appointive  or  legislative  mem- 
ber may,  if  he  so  elects,  designate  an  officer  or  employee 
of  his  department  or  committee  who  shall  serve  in  his  place 
on  said  commission.  Said  commission  may  expend  for  cleri- 
cal and  other  services  and  expenses  such  sums,  not  exceed- 
ing, in  the  aggregate,  one  thousand  dollars,  as  may  here- 
after be  appropriated.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  said  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  May  28,  1937. 

Chap.  68  Resolve  providing  for  an  investigation  and  study  by 

AN  unpaid  special  COMMISSION  OF  THE  LAWS  RELATING 
TO  MILK  AND  MILK  PRODUCTS  AND  CERTAIN  RELATED 
MATTERS, 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons 
to  be  appointed  by  the  governor,  is  hereby  established  for 
the  purpose  of  making  a  thorough  investigation  and  study 
relative  to  the  enforcement  and  adequacy  of  the  laws  of 
the  commonwealth,  relating  to  the  inspection  of  dairy  farms 
producing  milk  and  cream  for  distribution  in  the  common- 
wealth, to  the  bonding  of  milk  dealers,  to  milk  control,  so 
called,  to  the  production,  transportation,  sale  and  distribu- 
tion of  milk  and  milk  products,  and  to  related  matters,  with 
a  view  to  recommending  such  changes  in  said  laws,  or  such 
additions  thereto,  as  the  commission  may  deem  advisable. 
In  making  its  investigation  and  study  hereunder,  said  com- 
mission shall  consider  the  subject  matter  of  so  much  of  the 
report  of  the  attorney  general  for  the  year  ending  November 
thirtieth,  nineteen  hundred  and  thirty-six,  printed  as  current 
public  document  numbered  twelve,  as  relates  to  authorizing 
the  milk  control  board  to  negotiate  interstate  compacts  with 
states  shipping  milk  into  this  commonwealth,  and  also  the 
subject  matter  of  current  house  document  numbered  three 


Resolves,  1937.  —  Chap.  69.  649 

hundred  and  twenty-eight,  relative  to  the  sale  of  surplus 
milk,  so  called,  and  other  matters  relating  to  the  production 
and  sale  of  milk.  Said  commission  shall  be  provided  with 
quarters  in  the  state  house  or  elsewhere,  may  hold  hearings 
and  shall  avail  itself  of  the  services  of  the  regular  clerical 
staff  of  the  department  of  agriculture  for  such  clerical  assist- 
ance as  it  may  need  in  the  course  of  its  investigation.  Said 
commission  may  travel  within  and  without  the  common- 
wealth, and  may  expend  for  travel  and  other  necessary 
expenses  incurred  by  its  members  in  the  discharge  of  their 
duties  hereunder  sums,  not  exceeding  in  the  aggregate,  five 
thousand  dollars,  to  be  paid  from  item  two  hundred  and 
fifty-two  a  of  chapter  two  hundred  and  thirty-foiu*  of  the 
acts  of  the  current  year.  The  commission  shall  report  to 
the  general  court  its  findings,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  senate  on  or  before  the  first  Wednesday  of 
December  in  the  current  year.       Approved  May  29,  1937. 

Resolve  providing  for  an  investigation  and  study  by  phnji    aq 

THE    department    OF    PUBLIC    WORKS    RELATIVE    TO    CER-  ^' 

TAIN  HARBOR   IMPROVEMENTS   IN  THE   COMMONWEALTH. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  the  subject  matter  of  current  senate  documents  numbered 
forty-four  and  eighty-two  and  of  current  house  documents 
numbered  three  hundred  and  ninety,  five  hundred  and  forty- 
four,  six  hundred  and  eleven,  eight  hundred  and  twenty, 
nine  hundred  and  fifty-six,  thirteen  hundred  and  forty-two 
and  seventeen  hundred  and  forty-eight,  relative  to  certain 
proposed  harbor  improvements  in  the  commonwealth.  Said 
department  may  also  study  and  investigate  such  other  har- 
bor improvements  related  to  the  specific  projects  included 
within  the  subject  matter  of  said  senate  and  house  docu- 
ments as  it  may  deem  necessary  or  desirable.  Said  depart- 
ment in  carrj'ing  out  its  investigation  and  study  hereunder 
shall  consider  particularly  as  to  whether  or  not  public  con- 
venience requires  the  construction  of  any  such  harbor  im- 
provements, or  of  any  of  them,  and  if  so,  it  shall  determine 
as  to  each  of  said  projects  (1)  the  probable  cost;  (2)  how 
the  cost  should  be  apportioned;  and  (3)  by  whom  said  im- 
provements should  be  made.  Any  program  of  projects  that 
may  be  recommended  by  said  department  hereunder  shall 
have  the  several  projects  listed  in  the  order  of  their  respective 
importance  and  necessity  as  determined  by  said  department. 
Said  department  may  prepare  such  maps  and  plans  as  it 
may  deem  necessary  or  desirable  in  connection  with  any 
project  or  projects  recommended  by  it  hereunder.  For  the 
purposes  of  this  resolve,  said  department  may  expend  such 
sums,  not  exceeding,  in  the  aggregate,  twenty-five  hundred 
dollars,  as  may  hereafter  be  appropriated  therefor.     Said 


650  Resolves,  1937. —Chaps.  70,  71. 

department  shall  report  to  the  general  court  its  findings  and 
its  recommendations,  together  with  drafts  of  legislation  neces- 
sary to  carry  such  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  May  29,  1937. 

Chap.  70  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION    RELATIVE    TO    CERTAIN   LABOR   MATTERS. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor  is  hereby  established  for  the  pur- 
pose of  making  an  investigation  of  the  subject  matter  of  cur- 
rent house  document  numbered  seventeen  hundred  and 
forty-five  relative  to  promotion  of  equality  of  bargaining 
power  between  employer  and  employee,  diminishing  the 
causes  of  industrial  disputes  by  encouraging  collective  bar- 
gaining and  by  other  means,  and  creating  a  labor  relations 
commission. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  shall  hold  such  hearings  as  it  may 
deem  expedient,  may  require  by  summons  the  attendance 
and  testimony  of  witnesses  and  the  production  of  books  and 
papers  and  may  expend  for  clerical,  expert  and  other  ex- 
penses such  sums,  not  exceeding,  in  the  aggregate,  twenty- 
five  hundred  dollars,  as  may  hereafter  be  appropriated.  The 
commission  shall  report  to  the  general  court  the  results  of  its 
investigation,  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  its  recommendations 
into  effect,  by  fihng  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  of  Decem- 
ber in  the  current  year.  Approved  May  29,  1937. 

Chap.  71  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  relative  TO  THE  LAWS  REGULATING  THE  CON- 
STRUCTION, ALTERATION  AND  MAINTENANCE  OF  BUILDINGS 
AND    OTHER   STRUCTURES    IN   THE   CITY    OF   BOSTON. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof  and  three  persons  to  be 
appointed  by  the  mayor  of  the  city  of  Boston,  all  of  which 
appointees  shall  be  residents  of  said  city,  is  hereby  estabHshed 
to  investigate  the  subject  matter  of  current  house  document 
numbered  seven  hundred  and  thirty-six,  relating  to  the  laws 
governing  the  construction  and  maintenance  of  buildings 
and  other  structures  in  the  city  of  Boston.  For  said  purposes 
said  commission  may  expend  such  sums,  not  exceeding,  in 
the  aggregate,  one  thousand  dollars,  as  may  hereafter  be 


Resolves,  1937.  —  Chaps.  72,  73.  651 

appropriated  therefor.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation,  and  its  recom- 
mendations, together  with  drafts  of  legislation  necessary  to 
carry  said  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  of  December  in  the  current  year. 

Approved  May  29,  1937. 


Resolve  authorizing  an  extension  of  certain  leases  to  Qha^    79 

THE    CITY    OF   BOSTON    OF   CERTAIN    STATE    LANDS    IN    EAST  ^' 

BOSTON  FOR  AIRPORT  AND  SEAPLANE  PURPOSES. 

Resolved,  That  the  department  of  public  works,  subject  to 
such  terms,  conditions  and  restrictions  as  the  governor  and 
council  may  approve,  is  hereby  authorized  to  extend  certain 
leases,  for  airport  and  seaplane  purposes,  between  the  com- 
monwealth and  the  city  of  Boston,  of  lands  of  the  common- 
wealth in  that  part  of  said  city  called  East  Boston,  as  here- 
inafter provided.  The  lease  made  on  August  tenth,  nineteen 
hundred  and  twenty-eight,  under  the  provisions  of  chapter 
sixty-four  of  the  resolves  of  nineteen  hundred  and  twenty- 
eight  may  be  extended  for  an  additional  term  of  not  more 
than  twenty  years,  and,  if  said  lease  is  so  extended,  the  lease 
made  on  July  fourteenth,  nineteen  hundred  and  thirty,  under 
the  provisions  of  chapter  fifty-three  of  the  resolves  of  nineteen 
hundred  and  thirty  shall  be  extended  for  an  additional  term 
expiring  simultaneously  with  the  extended  term  of  said  first 
mentioned  lease;  provided,  that  for  money  expended  by  the 
city  of  Boston  during  the  extended  terms,  beginning  with  the 
year  nineteen  hundred  and  forty-eight  on  account  of  said 
lands,  said  city  shall  not  be  reimbursed  by  the  common- 
wealth at  the  expiration  of  said  extended  terms. 

Approved  May  29,  1937. 


Resolve  providing  for  an  investigation  and  study  by  (Jhny    73 
A  special  commission  relative  to  the  extension  of 
rapid  transit  facilities  in  the  east  boston  district 
OF  the  city  of  boston. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  two  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof  and  two  persons 
to  be  appointed  by  the  governor  is  hereby  established  to 
investigate  and  study  the  matter  of  the  extension  of  rapid 
transit  facilities  in  the  East  Boston  district  of  the  city  of 
Boston.  In  making  its  investigation  and  study  hereunder 
said  commission  shall  consider  the  subject  matter  of  house 
documents  numbered  one  hundred  and  forty-one  and  six- 
teen hundred  and  sixteen  of  the  year  nineteen  hundred  and 
thirty-six  and  of  current  house  document  numbered  fifteen 
hundred  and  seventy-three.     For  said  purposes,  said  com- 


652  Resolves,  1937.  —  Chaps.  74,  75. 

mission  may  expend  such  smns,  not  exceeding,  in  the  aggre- 
gate, one  thousand  dollars,  as  may  hereafter  be  appropri- 
ated therefor.  Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study  hereunder, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  said  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  of  Decem- 
ber in  the  current  year.  Approved  May  29,  1937. 


Chav.  74  Resolve  providing  for  an  investigation  and  study  by 

THE  DEPARTMENT  OF  PUBLIC  WORKS  RELATIVE  TO  THE  AD- 
VISABILITY OF  INCREASING  THE  FACILITIES  OF  THE  STATE 
PIER   AT   NEW   BEDFORD. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
relative  to  the  advisability  of  increasing  the  facilities  of  the 
state  pier  at  New  Bedford  by  acquiring  by  eminent  domain 
under  chapter  seventy-nine  of  the  General  Laws,  or  other- 
wise, the  property  of  the  Old  Colony  Railroad  Company 
adjoining  said  pier.  Said  department  shall  report  to  the 
general  court  forthwith  the  results  of  its  investigation  and 
study,  and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  said  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives.  Approved  May  29,  1937. 


Chav    75  Resolve   increasing   the   scope   of  the   investigation 

AND  STUDY  TO  BE  MADE  BY  THE  METROPOLITAN  DISTRICT 
COMMISSION  RELATIVE  TO  CERTAIN  IMPROVEMENTS  WITHIN 
THE  METROPOLITAN   PARKS  DISTRICT. 

Resolved,  That  the  metropolitan  district  commission,  in 
making  its  investigation  and  study  relative  to  certain  im- 
provements within  the  metropolitan  parks  district,  as  pro- 
vided by  chapter  fifty-four  of  the  resolves  of  the  current 
year,  shall  also  consider  the  subject  matter  of  current  house 
document  numbered  thirteen  hundred  and  seventy-five,  rela- 
tive to  the  construction  of  an  overpass  at  or  near  the  intersec- 
tion of  Memorial  drive.  Cottage  Farm  bridge  and  Brookline 
street  in  the  city  of  Cambridge,  of  current  house  document 
numbered  seventeen  hundred  and  seventy-two,  relative  to 
the  reconstruction  and  widening  of  a  portion  of  the  Revere 
Beach  parkway  in  Medford  and  Everett  and  to  making 
certain  other  improvements  in  connection  therewith,  and  of 
current  house  document  numbered  eighteen  hundred  and 
thirty-nine,  relative  to  the  reconstruction  and  widening  the 
highway  and  the  railroad  bridge  between  the  Revere  Beach 
parkway  and  North  Shore  road  in  the  city  of  Revere.  Any 
program  of  projects  that  may  be  recommended  by  said  com- 
mission under  the  provisions  of  said  chapter  fifty-four  of  the 


Resolves,  1937.  —  Chap.  76.  653 

resolves  of  the  current  year  shall  include  any  of  the  projects 
referred  to  in  this  resolve  that  may  be  recommended  by  said 
commission.  Approved  May  29,  1937. 


Resolve  further  increasing  the  scope  of  the  inves-  (Jhnr)    76 

TIGATION    TO    BE    MADE    BY    THE    SPECIAL    COMMISSION    ON  ' 

TAXATION   AND    PUBLIC    EXPENDITURES. 

Resolved,  That  the  special  commission  on  taxation  and 
public  expenditures,  established  by  chapter  three  of  the 
resolves  of  the  current  year  to  investigate  and  study  rela- 
tive to  the  problems  of  taxation  and  of  public  expenditures, 
shall,  in  carrying  out  its  work,  consider  the  subject  matter 
of  current  house  document  numbered  two  hundred  and 
thirty-three,  providing  for  an  additional  standard  form  of 
city  charter  for  acceptance  by  the  cities. 

Approved  May  29,  1937. 


654 


Amendment  to  Constitution. 


©Ij?  Olommanm^aUIj  nf  iiassarljusFltB 


AMENDMENT  TO  CONSTITUTION. 


Initiative 
amendment  to 
the  constitu- 
tion providing 
for  biennial 
sessions  of  the 
general  court 
and  for  a 
biennial 
budget. 


Initiative  Amendment  to  the  Constitution  providing 
FOR  Biennial  Sessions  of  the  General  Court  and 
FOR  A  Biennial  Budget. 

The  joint  sessions  of  the  Senate  and  House  of  Repre- 
sentatives of  two  general  courts,  as  provided  under  Article 
XLVIII  of  the  Constitution,  hereby  declare  it  to  be  expedi- 
ent to  alter  the  Constitution  by  the  adoption  of  the  follow- 
ing Article  of  Amendment,  to  the  end  that  it  may  become 
a  part  of  the  Constitution  for  approval  by  the  people  at  the 
state  election  in  the  year  1938: 


article  of  amendment 

"Section  1.  The  general  court  shall  assemble  in  regular 
session  on  the  first  Wednesday  of  January  in  the  year  fol- 
lowing the  approval  of  this  article  and  biennially  on  said 
Wednesday  thereafter.  Nothing  herein  contained  shall 
prevent  the  general  court  from  assembling  at  such  other 
times  as  they  shall  judge  necessary  or  when  called  together 
by  the  governor." 

"^  '^  Section  2.  The  budget  required  by  Section  2  of  Article 
LXIII  of  the  amendments  to  the  constitution  shall  be  for 
the  year  in  which  the  same  is  adopted  and  for  the  ensuing 
year." 

"Section  3.  All  provisions  of  this  constitution  and  of 
the  amendments  thereto  requiring  the  general  court  to  meet 
annually  are  hereby  annulled." 

In  Convention,  May  27,  1936. 

The  foregoing  initiative  amendment  to  the  Constitution 
was  agreed  to  in  joint  session  of  the  two  houses  of  the  Gen- 
eral Court,  the  said  amendment  having  received  141  afiirma- 
tive  votes  to  117  negative  votes,  the  affirmative  votes  being 
not  less  than  one  fourth  of  all  the  members  elected;  and  it 
was  referred  to  the  next  General  Court  in  accordance  with 
the  provisions  of  the  Constitution,  Article  XLVIII. 

IRVING  N.  HAYDEN, 
Clerk  of  the  Joint  Convention. 


Amendment  to  Constitution.  655 


In  Convention,  May  19,  1937. 

The  foregoing  initiative  amendment  to  the  Constitution  Certified  to 
was  agreed  to  in  joint  session  of  the  two  houses  of  the  Gen-  of'throom-^ 
eral  Court,  the  said  amendment  having  received  158  affirma-  submission  ^""^ 
tive  votes  to  112  negative  votes,  the  affirmative  votes  being  to  the  people 
not  less  than  one  fourth  of  all  the  members  elected;   and  it  state°eiectfon. 
was   certified   to   the   Secretary  of  the   Commonwealth  in 
accordance  with  the  provisions  of  Article  XLVIII  of  the 
amendments  to  the  Constitution. 

IRVING  N.  HAYDEN, 
Clerk  of  the  Joint  Convention. 


656  Acts  and  Resolves  Approved,  etc. 


NUMBER  OF  ACTS  AND  RESOLVES  APPROVED, 
LIST  OF  ACTS  VETOED  BY  THE  GOVERNOR 
AND  PASSED  OVER  HIS  VETO  AND  ACTS 
DECLARED  EMERGENCY  LAWS  BY  THE 
GOVERNOR  UNDER  AUTHORITY  OF  THE 
CONSTITUTION. 


The  general  court,  during  its  first  annual  session  held  in 
1937,  passed  444  Acts  and  76  Resolves  which  received 
executive  approval. 

The  governor  returned  26  Acts  with  his  objections  thereto 
in  writing.  Upon  24  of  said  Acts  his  objections  were  sus- 
tained. 

Twenty-four  (24)  Acts  entitled,  respectively,  ''An  Act 
relative  to  granting  to  habitual  criminals  permits  to  be  at 
liberty";  "An  Act  relative  to  the  number  of  school  days  at 
the  Senior- Junior  High  School  in  the  town  of  East  Bridge- 
water  in  the  school  year  nineteen  hundred  and  thirty-six 
and  nineteen  hundred  and  thirty-seven";  "An  Act  placing 
under  the  civil  service  the  office  of  secretary  of  the  Metro- 
politan District  Commission";  "An  Act  placing  under  the 
civil  service  the  office  of  Director  of  Standards  in  the  De- 
partment of  Labor  and  Industries";  "An  Act  placing  under 
the  civil  service  certain  employees  in  the  Division  of  Ac- 
counts of  the  Department  of  Corporations  and  Taxation"; 
"An  Act  authorizing  the  appointment,  and  regulating  the 
powers  and  duties,  of  assistant  treasurers  of  cities  and 
towns";  "An  Act  repealing  the  teachers'  oath  law,  so 
called";  "An  Act  discontinuing  the  jurisdiction  of  the 
county  commissioners  of  Middlesex  county  in  Revere, 
eliminating  participation  by  the  voters  of  said  city  in  their 
election  and  transferring  their  powers  and  duties  with 
respect  to  said  city";  "An  Act  relative  to  the  tenure  of 
office  of  certain  officers  and  employees  of  the  town  of  Hull"; 
"An  Act  relative  to  the  appropriation  by  the  town  of  Scitu- 
ate  of  a  sum  of  money  to  pay  Henry  T.  Cole  for  certain 
work  and  materials";  "An  Act  to  authorize  the  placing  of 
the  office  of  city  engineer  of  the  city  of  Revere  under  the 
civil  service  laws";  "An  Act  to  authorize  the  placing  of  the 
office  of  city  clerk  in  the  city  of  Worcester  under  the  civil 
service  laws";  "An  Act  rendering  members  of  the  execu- 
tive council  ineligible  for  appointment  to  certain  offices 
and  positions";  "An  Act  providing  for  biennial  municipal 
elections  in  the  city  of  Haverhill";  "An  Act  relative  to  the 
removal  of  certain  state  officers  and  employees";  "An  Act 
relative  to  the  taking  of  salmon  from  the  waters  of  Barn- 
stable county";  "An  Act  relative  to  the  right  of  review  of 
certain  employees  of  the  commonwealth  and  of  the  political 
subdivisions  thereof  in  case  of  discharge  or  retirement"; 


Acts  and  Resolves  Approved,  etc.         657 

"An  Act  relative  to  seniority  rights  in  respect  to  the  dis- 
missal or  suspension  of  persons  in  the  classified  service"; 
"An  Act  relative  to  the  use  of  beam  or  otter  trawls  in  taking 
fish  from  certain  territorial  waters  of  the  commonwealth"; 
"An  Act  relative  to  the  payment  in  certain  cases  of  annuities 
to  dependent  brothers  and  sisters  of  certain  public  employees 
killed  or  dying  from  injuries  received  or  hazards  undergone 
in  the  performance  of  duty";  "An  Act  re-establishing  cer- 
tain ward  lines  in  the  city  of  Attleboro";  "An  Act  relative 
to  the  Cliffs  Beach,  so  called,  in  the  town  of  Nantucket"; 
"An  Act  to  promote  equality  of  compensation  for  positions 
in  the  state  service  and  to  eliminate  certain  obsolete  provi- 
sions relative  to  such  positions"  and  "An  Act  providing  for 
the  transfer  of  certain  funds  from  the  highway  fund  to 
cities  and  towns"  were  passed  and  laid  before  the  governor 
for  his  approval;  were  returned  by  him  with  his  objections 
thereto,  to  the  branch  in  which  they  respectively  originated ; 
were  reconsidered,  and  the  vote  being  taken  on  their  passage, 
the  objections  of  the  governor  thereto  notwithstanding,  they 
were  rejected,  and  said  acts  thereby  became  void. 

Two  (2)  Acts  entitled,  respectively,  "An  Act  exempting 
certain  dealers  in  certain  fuel  oil  from  the  provisions  of  law 
relating  to  hawkers  and  pedlers"  (Chapter  333)  and  "An 
Act  providing  for  an  annuity  for  William  H.  Pratt  of  Marsh- 
field,  a  former  member  of  the  state  police"  (Chapter  417) 
were  passed  and  laid  before  the  governor  for  his  approval; 
were  returned  by  him  with  his  objections  thereto,  to  the 
branch  in  which  they  respectively  originated;  were  recon- 
sidered, agreeably  to  the  provisions  of  the  constitution,  and 
the  vote  being  taken  on  their  passage,  the  objections  of  the 
governor  thereto  notwithstanding,  they  were  passed,  and 
said  acts  have  thereby  the  force  of  law. 

Three  (3)  Acts  entitled,  respectively,  "An  Act  repealing 
the  law  providing  for  party  primaries  and  pre-primary  con- 
ventions of  political  parties,  and  reviving  and  continuing  in 
force  certain  other  laws"  (Chapter  384),  "An  Act  abolishing 
the  existing  board  of  parole  and  creating  a  parole  board  and 
defining  its  powers  and  duties"  (Chapter  399)  and  "An  Act 
abolishing  the  board  of  tax  appeals  and  creating  the  appel- 
late tax  board"  (Chapter  400)  were  declared  to  be  emer- 
gency laws  by  the  governor  in  accordance  with  the  provi- 
sions of  the  forty-eighth  amendment  to  the  Constitution 
"The  Referendum.  II.  Emergency  Measures".  Said 
Chapter  384  thereby  took  effect  at  5.19  p.m.  on  May  28, 
1937,  said  Chapter  399  at  12.30  a.m.  on  May  29,  1937,  and 
said  Chapter  400  at  12.31  a.m.  on  May  29,  1937. 

The  general  court  was  prorogued  on  Saturday,  May  29, 
1937,  at  twenty  minutes  past  twelve  o'clock  p.m.,  the  session 
having  occupied  144  days. 


APPENDIX 


The  following  table  and  the  index  to  the  Acts  and  Resolves  of  the 
current  year  have  been  prepared  by  Fernald  Hutchins,  Esq.,  and 
Henry  D.  Wiggin,  Esq.,  counsel,  respectively,  to  the  Senate  and 
House  of  Representatives,  in  accordance  with  section  fifty-one  of  chap- 
ter three  of  the  General  Laws. 


TABLE 


TO  WHAT  EXTENT  THE  GENERAL  LAWS  OF  THE  COMMON- 
WEALTH,   AS    APPEARING    IN    THE    TERCENTENARY 
EDITION,  HAVE  BEEN  AFFECTED  BY  LEGISLATION 
ENACTED    BY    THE    GENERAL    COURT    SINCE 
JANUARY     FIRST,     NINETEEN     HUNDRED 
AND   THIRTY-TWO.*  t 


Chapter  1.  — Jurisdiction  of  the  Comnnonwealth  and  of  the  United  States. 

Act  granting  to  United  States  all  rights  of  the  commonwealth  in 
and  to  great  ponds  within  Fort  Devens  Military  Reservation,  and 
ceding  jurisdiction  over  such  ponds  and  certain  other  lands,  1933,  290. 

Sect.  3  revised,  1933,  278  §  1. 

Chapter  3.  —  The  General  Court. 

Sect.  5  amended,  1937,  364  §  1. 

Sect.  6  revised,  1937,  364  §  2. 

Sect.  7  revised,  1937,  364  §  3. 

Sect.  9  revised,  1937,  236  §  1. 

Sect.  11  repealed,  1937,  236  §  2. 

Sect.  12  revised,  1937,  360  §  1.     (See  1937,  360  §§  3-5.) 

Sect.  13  revised,  1937,  360  §  2.     (See  1937,  360  §§  3-5.) 

Sect.  19  amended,  1935,  210. 

Sect.  20A  added,  1937,  189  (relative  to  the  purchase  of  uniforms  for 
the  sergeant-at-arms,  doorkeepers,  assistant  doorkeepers,  general  court 
officers  and  pages  of  the  general  court). 

Chapter  4.  —  Statutes. 

Sect.  5  revised,  1935,  69. 

Sect.  7,  clause  Eighteenth  amended,  1934,  283;  1935,  26;  1936,  180; 
1937,  38. 

Chapter  5.  —  Printing  and  Distribution  of  Laws  and  Public  Documents. 

As  to  the  distribution  of  the  Tercentenary  Edition  of  the  General 
Laws,  see  1932,  Resolve  53;    1933,  Resolve  19;    1935,  Resolve  18. 

Sect.  1,  last  paragraph  revised,  1932,  254;  two  paragraphs  added  at 
end,  1937,  373. 

Sect.  9  amended,  1933,  245  §  1. 

Sect.  18  amended,  1935,  226  §  1. 

*  For  table  showing  changes  in  legislation  made  during  the  years  1921  to  1931, 
inclusive,  see  Table  of  Changes  contained  in  pages  485-597  of  the  Acts  and  Resolves 
of  1932. 

t  References  in  this  table  are  to  the  Tercentenary  Edition  of  the  General  Laws, 
as  most  recently  amended,  unless  otherwise  specified. 


662  Changes  in  the  [Chaps.  6, 7. 


Chapter  6.  —  The   Governor,    Lieutenant   Governor  and   Council,    Certain 
Officers  under  the  Governor  and  Council,  and  State  Library. 

For  temporary  legislation  establishing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49,  104, 

For  temporary  legislation  establishing  the  emergency  public  works 
commission,  and  defining  its  powers  and  duties,  see  1933,  365,  as 
affected  by  1933,  368;  term  extended,  1935,  380;   1937,  338. 

Sect.  12B  added,  1932,  14  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Brigadier  General  Casimir  Pulaski). 

Sect.  12C  added,  1932,  153  (relative  to  the  observance  of  the 
anniversary  of  the  battle  of  Bunker  Hill).     (See  1935,  26.) 

Sect.  12D  added,  1932,  242  (relative  to  the  observance  of  the 
anniversary  of  the  Boston  Massacre,  etc.). 

Sect.  12E  added,  1934,  191  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Commodore  John  Barry). 

Sect.  12F  added,  1935,  23  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  New  Orleans). 

Sect.  12G  added,  1935,  96  (providing  for  an  annual  proclamation 
by  the  governor  relative  to  American  Education  Week). 

Sect.  12H  added,  1935,  148  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  General  Marquis  de  Lafayette). 

Sect.  121  added,  1935,  184  (relative  to  the  annual  observance  of 
Indian  Day). 

Sect.  17  amended,  1932,  305  §  1;  1933,  120  §  1,  336  §  1;  1934,  374 
§  1;   1935,  475  §  1.     (See  1933,  336  §  3.) 

Sect.  18  and  heading  stricken  out  and  new  section  inserted,  under 
heading  ''armory  commission",  1937,  300  §  1.    (See  1937,  300  §  2.) 

Sect.  22  amended,  1936,  341  §  1.     (See  1936,  341  §  2.) 

Sect.  28 A  amended,  1934,  208  §  1. 

Sect.  28E  added,  1934,  208  §  2  (relative  to  the  dissemination  of 
information  concerning  the  pubHc  bequest  fund). 

Sect.  32,  paragraph  added  at  end,  1937,  227. 

Sect.  42  added,  under  caption  "milk  regulation  board",  1932, 
305  §  2. 

Sects.  43-45  added,  1933,  120  §  2  (relative  to  the  alcoholic  bever- 
ages control  commission). 

Sect.  43  amended,  1933,  375  §  1. 

Sect.  44,  first  paragraph  revised,  1933,  376  §  1, 

Sects.  46  and  47  added,  1933,  336  §  2  (relative  to  the  Greylock 
reservation  commission),     (See  1933,  336  §  3.) 

Sect.  48  added,  under  caption  "state  racing  commission",  1934, 
374  §  2. 

Sects.  49-52  added,  under  caption  "state  planning  board",  1935, 
475  §  2. 

Sect.  49  amended,  1936,  307. 

Chapter  7.  —  Commission  on  Administration  and  Finance. 

Sect.  22,  clause  (17)  revised,  1933,  353  §  1, 

Sect.  23 A  added,  1933,  353  §  2  (providing  a  preference  in  the  pur- 
chase of  supplies  and  materials  by  contractors  for  certain  state  work  in 
favor  of  domestic  supplies  and  materials). 


Chaps.  8-12.]  GENERAL  LaWS.  663 


Chapter  8.  —  Superintendent  of  Buildings,  and  State  House. 

Sects.  1-12  affected,  1935,  327. 

Sect.  4  amended,  1935,  251;  revised,  1937,  84  §  1.    (See  1937,  84  §  2.) 

Sect.  5  revised,  1935,  460  §  1.     (See  1935,  460  §  2.) 

Sect.  lOA  revised,  1933,  170. 

Sect.  17  amended,  1932,  188  §  1;   1933,  199  §  1. 

Sect.  18  amended,  1932,  188  §  2;   1933,  199  §  2. 

Chapter  9.  —  Department  of  the  State  Secretary. 

Sect.  2  revised,  1935,  416. 

Sect.  6  amended,  1934,  25  §  1. 

Sect.  7  amended,  1934,  25  §  2. 

Sect.  9  amended,  1934,  127. 

Sect.  15  amended,  1934,  19. 

Sect.  17  amended,  1934,  37;  revised,  1936,  31  §  1. 

Sect.  20  added,  1935,  402  (regulating  the  publication  and  sale  of 
the  Massachusetts  Reports  and  of  the  advance  sheets  of  the  opinions 
and  decisions  of  the  Supreme  Judicial  Court). 

Sects.  21-25  added,  under  the  caption  "commission  on  interstate 
co-operation",  1937,  404  §  1  (establishing  a  commission  on  interstate 
co-operation  as  successor  to  the  commission  on  interstate  compacts 
affecting  labor  and  industries  and  defining  its  power  and  duties,  and 
providing  for  a  commission  required  to  be  established  under  an  inter- 
state compact  on  the  minimum  wage).     (See  1937,  404  §§  2,  3.) 

Chapter  10.  — •  Department  of  the  State  Treasurer. 

For  temporary  legislation  establishing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49,  104. 

For  temporary  legislation  establishing  the  emergency  public  works 
commission,  and  defining  its  powers  and  duties,  see  1933,  365,  as 
affected  by  1933,  368;  term  extended,  1935,  380;   1937,  338. 

Sect.  8  amended,  1932,  180  §  1. 

Chapter    12.  —  Department    of    the    Attorney    General,    and    the    District 

Attorneys. 

Sect.  2  amended,  1934,  133  §  1.     (See  1934,  133  §  2.) 

Sect.  3,  last  sentence  amended,  1932,  180  §  2. 

Sect.  3B  amended,  1933,  318  §  1;  1934,  291  §  1.  (See  1933,  318 
§9;   1934,  291  §6.) 

Sect.  14,  paragraph  in  Hues  5  and  6  revised,  1935,  209;  paragraph 
in  hnes  7  and  8  revised,  1935,  433  §  1;   section  revised,  1935,  458  §  1. 

Sect,  15  revised,  1935,  458  §  2;  paragraph  in  line  8  revised,  1937, 
279  §  1. 

Sect.  16,  paragraph  in  lines  9-11  revised,  1935,  433  §  2;  section 
revised,  1935,  458  §  3;  paragraph  in  lines  23  and  24  revised,  1937, 
279  §  2. 

Sect.  25  amended,  1937,  64  §  1. 


664  Changes  in  the  [Chaps.  13-20. 


Chapter  13.  —  Department  of  Civil  Service  and  Registration. 

Sect.  3  amended,  1932,  180  §  3. 

Sect.  8  amended,  1934,  329. 

Sect.  10  amended,  1932,  8. 

Sect.  11  amended,  1937,  379. 

Sect.  12  repealed,  1937,  425  §  13.     (See  1937,  425  §  15.) 

Sects.  12A-12C  added,  under  the  heading  ''board  of  registration 
IN  chiropody  (podiatry)",  1937,  425  §  1.     (See  1937,  425  §§  14,  15.) 

Sect.  17  revised,  1934,  339  §  1. 

Sect.  29  and  its  caption  stricken  out  and  new  section  inserted,  under 
the  caption  "board  of  registration  in  embalming  and  funeral 
directing",  1936,  407  §  1.    (See  1936,  407  §§  5-8.) 

Sect.  31  revised,  1936,  407  §  2.     (See  1936,  407  §§  5-8.) 

Sect.  32  revised,  1935,  420  §  1.     (See  1935,  420  §  2.) 

Sect.  40  amended,  1933,  149  §  1;  two  sentences  added  at  end,  1934, 
299  §  1.     (See  1934,  299  §  2.) 

Sects.  42-44  added,  under  caption  "board  of  registration  op 
hairdressers",  1935,  428  §  1.     (See  1935,  428  §§  5,  7.) 

Sect.  43  amended,  1937,  385  §  1. 

Chapter  15.  —  Department  of  Education. 

Sect.  12  revised,  1935,  367. 

Chapter  16.  —  Department  of  Public  Works. 

Sect.  6  amended,  1935,  418  §  1. 

Chapter  18.  —  Department  of  Public  Welfare. 

Sect.  7  amended,  1935,  311  §  1. 

Sects.  17  and  18  added,  under  caption  "state  board  of  housing", 
1933,  364  §  1  (estabhshing  within  the  department  a  state  board  of 
housing). 

Sect.  17  amended,  1935,  449  §  1. 

Sect.  18  amended,  1935,  449  §  lA. 

Chapter  19.  —  Department  of  Mental  Diseases. 

Division  of  examination  of  prisoners  aboHshed,  1933,  77  §  4. 

Sect.  5  amended,  1935,  314  §  2,  421  §  3.     (See  1935,  421  §§  5,  6.) 

Sect.  6.    See  1935,  314  §  1. 

Chapter  20.  —  Department  of  Agriculture. 

For  temporary  legislation  establishing  within  the  department  a  milk 
control  board,  and  defining  its  powers  and  duties,  see  1934,  376;  term 
of  ofhce  of  said  board  extended,  1936,  300;  see  also  1937,  428. 

Sect.  4  amended,  1933,  74  §  1;  revised,  1934,  340  §  1.  (See  1934, 
340  §  18.) 

Sect.  6  added,  1934,  340  §  2  (experts  and  assistants  in  division  of 
livestock  disease  control).     (See  1934,  340  §  18.) 


Chaps.  21-25]  GENERAL  LaWS.  665 


Chapter  21. — -Department  of  Conservation. 

Sect.  1  amended,  1934,  340  §  3.     (See  1934,  340  §  18.) 

Sect.  3  revised,  1933,  75  §  1;  amended,  1934,  340  §  4.  (See  1934, 
340  §  18.) 

Sects.  3A  and  3B  repealed,  1932,  180  §  4. 

Sect.  7  revised,  1933,  329  §  3;  1937,  413  §  1.     (See  1937,  413  §§  3,  4.) 

Sect.  7A  added,  1934,  173  §  1  (establishing  the  office  of  state  orni- 
thologist in  the  division  of  fisheries  and  game).     (See  1934,  173  §  2.) 

Sect.  8A  revised,  1933,  329  §  4. 

Sects.  9  and  10  repealed,  1934,  340  §  5.     (See  1934,  340  §  18.) 

Sect.  11  revised,  1933,  75  §  2. 

Sect.  12  revised,  1933,  75  §  3. 

Chapter  22.  —  Department  of  Public  Safety. 

Sect.  9C  added,  1933,  239  (relative  to  the  uniform  of  members  of 
the  state  police). 

Chapter  23.  —  Department  of  Labor  and  Industries. 

For  legislation  to  diminish  the  causes  of  labor  disputes  burdening  or 
obstructing  industry,  and  to  create  a  labor  relations  commission,  and 
for  other  purposes,  see  1937,  436. 

Sect.  3  amended,  1934,  331  §  1;  two  sentences  revised,  1935,  479 
§  1.     (See  1935,  479  §  7.) 

Sect.  4  amended,  1934,  331  §  2;   1935,  479  §  2.    (See  1935,  479  §  7.) 

Sect.  5  amended,  1935,  479  §  3.     (See  1935,  479  §  7.) 

Sect.  9  revised,  1935,  60  §  1. 

Sect.  9A  revised,  1932,  99;  repealed,  1933,  73. 

Sect.  9B  repealed,  1933,  73. 

Sect.  9C  revised,  1932,  187;  repealed,  1933,  73. 

Sect.  9H  revised,  1933,  362. 

Sects.  9I-9N  added,  1935,  479  §  4  (establishing  the  Unemployment 
Compensation  Commission,  and  defining  its  powers  and  duties).  (See 
1935,  479  §§  6,  7.) 

Sect.  IIA  (and  caption)  added,  1934,  331  §  3  (division  of  occupa- 
tional hygiene). 

Sects.  IIB-IID  added,  under  the  caption  "the  Massachusetts 
development  and  industrial  commission",  1937,  427  (establishing 
the  Massachusetts  development  and  industrial  commission  for  the  pro- 
motion and  development  of  the  industrial,  agricultural  and  recreational 
resources  of  the  commonwealth). 

Chapter  25.  —  Department  of  Public  Utilities. 

Sect.  9A  added,  1933,  76  §  2  (providing  for  certain  employees  serv- 
ing directly  under  the  commission  of  the  department  to  perform  its 
duties  relative  to  smoke  abatement  in  Boston  and  vicinity);  repealed, 
1934  352  §  2. 

Sect.  10  amended,  1933,  76  §  3;   1934,  352  §  3. 

Sect.  10 A  added,  1933,  76  §  4  (providing  for  the  apportionment  of 
expenses  incurred  by  the  department  in  the  performance  of  its  duties 
relative  to  smoke  abatement  in  Boston  and  vicinity);  repealed,  1934, 
352  §  4. 


666  Changes  in  the  [Chaps.  26-30. 

Sects.  11  and  12  repealed,  1935,  411  §  1.     (See  1935,  411  §  2.) 

Sect.  12B  revised,  1932,  290  §  2. 

Sects.  12C-12F  repealed,  1933,  76  §  1;  new  sections  12C-12E 
added,  under  caption  "division  of  smoke  inspection",  1934,  352  §  1. 

Sect.  12F  added,  1935,  405  §  1  (establishing  in  the  department  a 
commercial  motor  vehicle  division,  under  the  charge  of  a  director 
thereof);   phrase  added  at  end,  1935,  477  §  2. 

Sect.  12G  added,  1936,  117  (authorizing  the  director  of  the  com- 
mercial motor  vehicle  division  in  the  department  of  public  utilities  to 
summon  witnesses,  administer  oaths  and  take  testimony). 

Chapter  26.  —  Department  of  Banking  and  Insurance. 

Sect.  8 A  revised,  1934,  2;   amended,  1935,  419. 

Chapter  27.  —  Department  of  Correction. 

Sect.  5  revised,  1934,  350  §  1;  1937,  399  §  1.  (See  1934,  350  §§  2-4; 
1937,  399  §§  3-6.) 

Chapter  28.  —  Metropolitan  District  Commission. 

Sect.  3  revised,  1936,  244  §  1.     (See  1936,  244  §  4.) 
Sect.  4  amended,  1936,  244  §  2.     (See  1936,  244  §  4.) 

Chapter  29.  —  State  Finance. 

For  temporary  legislation  as  to  emergency  state  financing,  see  1933, 
49,  104,  307,  341,  365,  367,  368;  1934,  41,  66,  313,  335;  1935,  221,  300, 
380,  392,  456;    1936,  309;    1937,  338. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;   1937,  444  §§  2,  3,  4. 

Sect.  6  amended,  1937,  426  §  1.     (See  1937,  426  §  2.) 

Sect.  10  amended,  1936,  256. 

Sect.  20A  added,  1937,  407  (relative  to  pubHc  inspection  of  certain 
orders  and  claims,  in  advance  of  approval  or  rejection  thereof,  in  con- 
nection with  state  contracts). 

Sect.  27  amended,  1937,  359. 

Sect,  31,  last  sentence  amended,  1932,  127  §  2. 

Sect.  34  amended,  1936,  333. 

Sect.  38,  subdivision  (h)  added,  1934,  356. 

Sect.  48A  added,  1937,  252  (authorizing  the  use  of  facsimile  signa- 
tures of  the  governor  on  certain  bonds  and  notes  of  the  commonwealth). 

Sect.  63  added,  1937,  157  (providing  for  taxpayers'  petitions  for  en- 
forcement of  certain  provisions  of  law  relative  to  state  finance). 

Chapter  30.  —  General   Provisions   Relative    to    State   Departments,    Com- 
missions, Officers  and  Employees. 

For  temporary  act  reducing  the  salary  or  other  compensation  of 
state  officers  and  employees,  see  1933,  105,  as  affected  by  1933,  296. 
For  temporary  acts  providing  for  restoration  of  one-third  of  reduction 
in  salary  or  other  compensation  under  1933,  105,  as  so  affected,  see 
1934,  194,  213  §  1. 


Chap.  31.]  GENERAL   LaWS.  ,  667 

Provisions  relative  to  expenses  incurred  for  midday  meals  by  state 
employees,  1933,  174  §  8;  1934,  162  §  6;  1935,  249  §  7;  1936,  304  §  7; 
1937,  234  §  6. 

Sect.  7  revised,  1937,  414  §  1. 

Sect.  24  revised,  1937,  430. 

Sect.  39  revised,  1934,  351;  amended,  1935,  217  §  1;  revised,  1935, 
472  §  1. 

Sect.  42  revised,  1936,  359. 

Chapter  31.  —  Civil  Service. 

For  acts,  extending  to  May  15th,  1938,  the  existing  preference  in  the 
classified  labor  service  to   persons  with  dependents,   see   1932,    183; 

1933,  194;   1934,  243;    1936,  151.    [For  prior  legislation,  see  1930,  HI; 
1931,  316.] 

Sect.  3,  clause  (g)  added,  1937,  223  (giving  preference  to  blind  per- 
sons in  the  employment  of  typists  in  certain  cases  by  state  depart- 
ments, boards  and  commissions). 

Sect.  4,  sixth  paragraph  revised,  1932,  282  §  1.    (See  1932,  282  §  4.) 

Sect.  5  amended,  1935,  405  §  2;   1936,  244  §  3. 

Sect.  5A  added,  1937,  414  §  2  (relative  to  the  employment  by  cer- 
tain municipal  officers  of  persons  to  serve  in  a  confidential  capacity). 

Sect.  6,  sentence  added  at  end,  1932,  260. 

Sect.  6A  added,  1935,  228  (dispensing  with  educational  require- 
ments as  a  condition  of  taking  certain  civil  service  examinations). 

Sect.  15A  added,  1933,  267  (restricting  the  appointment  of  persons 
for  temporary  employment  under  the  civil  service  laws);    amended, 

1934,  105. 

Sect.  17  amended,  1934,  94. 

Sect.  19A  added,  1932,  146  (relative  to  appointments  to  the  regular 
fire  forces  in  certain  cities  having  reserve  fire  forces). 

Sect,  20B  added,  1937,  416  §  3  (providing  for  appointments  to  the 
regular  police  force  of  the  metropolitan  district  commission  from  the 
list  of  members  of  the  reserve  police  force).     (See  1937,  416  §  5.) 

Sect.  21  amended,  1932,  89;  revised,  1933,  137. 

Sect.  45  amended,  1934,  249  §  2. 

Sect.  45A  added,  1934,  190  (providing  a  method  of  avoiding  multi- 
plicity of  petitions  for  judicial  review  to  determine  seniority  rights  in 
the  classified  labor  service). 

Sect.  46  amended,  1932,  282  §  2;  revised,  1934,  249  §  1. 

Sects.  46C  and  46D  added,  1933,  320  (providing  for  the  reinstate- 
ment of  certain  municipal  officers  and  employees). 

Sect.  46C  amended,  1934,  84;   1936,  66. 

Sect.  46E  added,  1934,  207  (providing  that  a  leave  of  absence  of  less 
than  six  months  shall  not  be  deemed  a  separation  from  the  classified 
civil  service  in  certain  cases) ;   paragraph  added  at  end,  1936,  297. 

Sect.  46F  added,  1935,  337  (providing  for  the  reinstatement  of 
members  of  the  police  force  of  the  JMetropolitan  district  commission 
in  certain  cases). 

Sect.  46G  added,  1935,  408  (relative  to  seniority  rights  in  respect 
to  the  suspension  and  re-employment  of  persons  in  the  classified  civil 
service  in  certain  cases). 


668  Changes  in  the  [Chap.  32. 

Sect.  46H  added,  1936,  287  §  1  (providing  for  the  reinstatement  in 
the  classified  civil  service  of  retired  municipal  officers  and  employees 
in  certain  cases  of  invafid  retirement).    (See  1936,  287  §  2.) 

Chapter  32.  —  Retirement  Systems  and  Pensions. 

For  legislation  relative  to  the  abolition  of  non-contributory  pensions 
and  retirement  allowances  for  employees  of  counties,  cities,  towns  and 
districts  under  special  acts,  see  1934,  285  §  10;   1937,  102  §  10. 

Sect.  1,  new  paragraph  added,  1934,  360  §  1.  (See  1934,  360  §  5; 
1937,  271.) 

Sect.  2,  paragraphs  (10)  and  (11)  revised,  1935,  390. 

Sect.  3,  paragraph  (4)  revised,  1932,  268. 

Sect.  4,  sentence  added  at  end  of  paragraph  (2)  A  (c),  1934,  360  §  2; 
paragraph  (3)  amended,  1936,  370  §  1.  (See  1934,  360  §  5;  1936, 
370  §  2;   1937,  271.) 

Sect.  5,  paragraph  added  at  end  of  paragraph  (2)  C  (c),  1934,  360 
§  3;  paragraph  H  added  at  end,  1934,  360  §  4.  (See  1934,  360  §  5; 
1937,  271.) 

Sect.  6,  definition  of  "Teacher"  amended,  1937,  232  §  1. 

Sect.  7,  paragraph  (4)  amended,  1932,  127  §  18;  first  sentence  of 
paragraph  (3)  revised,  1937,  232  §  2;  paragraph  (5)  added,  1937,  232 
§  3.     (See  1937,  232,  §  4.) 

Sect.  9,  paragraph  (2)  revised,  1937,  438  §  1;  paragraph  (5)  added 
at  end,  1937,  302. 

Sect.  10,  paragraph  (2)  revised,  1932,  255;  paragraph  (4)  amended, 
1937,  438  §  2;  paragraph  (8)  amended,  1936,  386  §  1;  paragraph  (10) 
amended,  1936,  386  §  2,  revised,  1937,  438  §  3;  paragraphs  (11)  and 
(12)  stricken  out,  1937,  438  §  4. 

Sect.  11,  paragraph  (5)  revised,  1936,  400  §  2. 

Sect.  20,*  paragraph  added,  1934,  258  §  1. 

Sect.  23,*  paragraph  (5)  revised,  1934,  258  §  2. 

Sect.  24,*  paragraph  (2)  A  amended,  1935,  243. 

Sect.  25,*  paragraph  (2)  A  (6)  revised,  1936,  301  §  1;  paragraph 
(2)  B  (6)  revised,  1936,  301  §  2;  paragraph  {F)  added  at  end,  1936, 
301  §  3. 

Sects.  20-25,  as  amended,  and  the  heading  before  said  section  20, 
stricken  out  and  new  sections  20-251  inserted,  under  heading  "county 

AND  CERTAIN  HOSPITAL  DISTRICT  RETIREMENT  SYSTEMS",   1936,  400    §    1 

(providing  for  contributory  retirement  systems  for  counties  and  certain 
hospital  districts).     (See  1936,  400  §  5;    1937,  336  §  3.) 

The  following  references  to  sections  20-251  apply  to  sections  inserted 
by  1936,  400  ^  1. 

Sect.  20,  definitions  of  "Employee"  and  of  "Regular  interest"  re- 
vised, 1937,  336  §  1. 

Sect.  21,  paragraphs  (1)  (6),  (1)  (c)  and  (1)  (d)  revised,  1937,  336 
§  2.     (See  1937,  336  §  3.) 

Sect.  22,  last  two  sentences  of  paragraph  (5)  revised,  1937,  336  §  4. 

Sect.  23,  paragraph  added  at  end  of  subdivision  (1),  1937,  336  §  5. 

Sect.  25,  first  clause  of  paragraph  (2)  revised,  1937,  336  §  6. 

Sect.  25F,  paragraph  (6)  amended,  1937,  336  §  7. 

*  See  later  amendments  to  sections  20  to  25,  inclusive. 


Chap.  32.]  GENERAL   LawS.  669 

Sect.  25G,  paragraph  (1)  (a)  amended,  1937,  336  §  8;  paragraph  (1) 
(d)  amended,  1937,  336  §  9. 

Sect.  251,  last  paragraph  revised,  1937,  336  §  10. 

Sects.  26-31  stricken  out  and  new  sections  26-311  inserted,  1936, 
318  §  1  (providing  for  contributory  retirement  systems  for  cities  and 
towns  that  may  be  accepted  by  them).     (See  1936,  318  §§  5-7.) 

Sect.  26,  definitions  of  "Employee"  and  of  "Regular  interest"  re- 
vised, 1937,  336  §  11. 

Sect.  27,  paragraphs  (1)  (b),  (1)  (c)  and  (1)  (d)  revised,  1937,  336 
§  12. 

Sect.  28,  paragraph  (5)  amended,  1937,  336  §  13. 

Sect.  29,  second  paragraph  of  subdivision  (1)  revised,  1937,  336  §  14; 
paragraph  (2)  (d)  amended,  1937,  336  §  15. 

Sect.  31,  first  paragraph  of  subdivision  (2)  revised,  1937,  336  §  16. 

Sect.  31F,  clause  (1)  (b)  amended,  1937,  57  §  1;  paragraph  lA 
added,  1937,  57  §  2.     (See  1937,  57  §  4.) 

Sect.  31G,  paragraph  (1)  (d)  amended,  1937,  336  §  17. 

Sect.  311,  paragraph  (3)  amended,  1937,  57  §  3.     (See  1937,  57  §  4.) 

Sect.  31J  inserted  after  the  heading  "general  provisions"  im- 
mediately before  section  32,  1936,  400  §  3  (relative  to  the  definition  of 
certain  words  used  in  said  General  Provisions). 

Sect.  33  amended,  1936,  301  §  4;  318  §  2;  repealed,  1936,  400  §  4. 
(See  1936,  318  §§  5-7;  400  §§  2  and  5.) 

Sect.  36  amended,  1937,  336  §  18. 

Sects.  37A-37D  added,  1936,  318  §  3  (miscellaneous  provisions  rela- 
tive to  contributory  retirement  systems  under  G.  L.  chap.  32),     (See 

1936,  318  §§  5-7.) 

Sect.  37D,  first  paragraph  revised,  1937,  336  §  19. 

Sect.  37E  added,  1937,  336  §  20  (providing  minimum  retirement 
allowances  for  certain  members  of  county,  city  or  town  contributory 
retirement  systems) . 

Sect.  38  amended,  1937,  336  §  21. 

Sect.  44  revised,  1934,  135;  paragraph  added  at  end,  1934,  285  §  1; 
section  amended,  1936,  223;  last  paragraph  amended,  1937,  102  §  1. 
(See  1937,  202.) 

Sect.  52  amended,  1932,  114  §  1. 

Sect.  53  amended,  1932,  114  §  2. 

Sect.  60,  paragraph  added  at  end,  1934,  285  §  2;  amended,  1937, 
102  §  2. 

Sect.  60A,  paragraph  added  at  end,  1934,  285  §  3;  amended,  1937, 
102  §  3. 

Sects.  61-64  repealed,  1937,  409,  §  2.     (See  1937,  409  §§  5-7.) 

Sect.  65,  last  sentence  stricken  out,  1937,  336  §  22;  section  repealed, 

1937,  409  §  2.     (See  1937,  409  §§  5-7.) 

Sect.  65A  added,  1937,  409  §  1  (relative  to  the  retirement  or  resigna- 
tion of  members  of  the  judiciary).     (See  1937,  409  §§  5-7.) 

Sect.  66,  paragraph  added  at  end,  1934,  285  §  4;  amended,  1937, 
102  §  4. 

Sect.  70,  paragraph  added  at  end,  1934,  285  §  5;  amended,  1937, 
102  §  5;  section  revised,  1937,  416  §  4.    (See  1937,  416  §  5.) 

Sect.  75,  paragraph  added  at  end,  1934,  285  §  6;  amended,  1937, 
102  §  6. 


670  Changes  in  the  [Chaps.  33, 34. 

Sect.  77,  paragraph  (a)  revised,  1936,  290  §  1;  paragraph  (c)  added 
at  end,  1936,  290  §  2. 

Sect.  78A  added,  1934,  285  §  7  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  laborers);  amended,  1937,  102  §  7;  revised,  1937,  283  §  1.  (See 
1937,  283  §  2.) 

Sect.  80,  paragraph  added  at  end,  1934,  285  §  8;  section  amended, 
1936,  439  §  1;  last  paragraph  amended,  1937,  102  §  8. 

Sect.  81  amended,  1933,  103. 

Sect.  83  amended,  1936,  439  §  2. 

Sect.  85  amended,  1936,  439  §  3. 

Sect.  85A  revised,  1935,  31  §  1.     (See  1935,  31  §  2.) 

Sect.  85B  added,  1932,  253  (regulating  the  retirement  and  pension- 
ing of  certain  members  of  the  police  forces  of  park  boards  of  cities  and 
towns). 

Sect.  85C  added,  1934,  285  §  9  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  policemen  and  firemen;  amended,  1937,  102  §  9. 

Sect.  85D  added,  1937,  220  (relative  to  the  retirement  of  certain 
call  members  of  fire  departments  in  certain  towns). 

Sect.  89  revised,  1932,  276;  amended,  1933,  340  ^  1;  1934,  343; 
revised,  1935,  466;  amended,  1936,  326.    (See  1933,  340  §  2.) 

Sect.  90  revised,  1936,  439  §  4. 

Chapter  33.  —  Militia. 

Act  establishing  a  special  military  reservation  commission,  and 
authorizing  the  acquisition  by  the  commonwealth  for  military  pur- 
poses of  certain  properties  in  Sandwich,  Bourne,  Falmouth  and  Mash- 
pee,  1935,  196;  powers  and  duties  of  the  commission  defined,  1936,  344 
§§1,2. 

Sect.  6  revised,  1933,  254  §  1.     (See  1933,  254  §  66.) 

Sect.  18  amended,  1932,  15. 

Sect.  22,  paragraph  in  third  line  revised,  1937,  192  §  1. 

Sect.  25A  added,  1935,  295  §  1  (further  regulating  the  calling  out 
of  the  militia  as  an  aid  to  the  civil  power  of  the  commonwealth). 

Sect.  26  amended,  1935,  295  §  2. 

Sect.  31  amended,  1935,  295  §  3. 

Sect.  32  revised,  1935,  295  §  4. 

Sect.  33  revised,  1935,  295  §  5. 

Sect.  34  amended,  1935,  295  §  6. 

Sect.  48,  subsection  (a)  revised,  1932,  161 ;  same  subsection  amended, 
1933,  166. 

Sect.  60  amended,  1933,  153  §  1;  1934,  120. 

Sect.  67  revised,  1935,  205. 

Sect.  90,  paragraph  in  lines  63-65  revised,  1934,  106;  last  sentence 
of  paragraph  (k)  revised,  1933,  17;  paragraph  (k)  revised,  1937,  192  §  2. 

Sect.  98,  sentence  added  at  end,  1933,  6. 

Chapter  34.  —  Counties  and  County  Commissioners. 

Sect.  1  revised,  1933,  278  §  2. 

Sect.  4  amended,  1935,  257  §  1.     (See  1935,  257  §  12.) 

Sect.  7  amended,  1935,  257  §  2.     (See  1935,  257  §  12.) 


Chaps.  35-40.]  GENERAL   LawS.  671 

Sect.  12  revised,  1935,  257  §  3.     (See  1935,  257  §  12.) 

Sect.  17  revised   1932  74. 

Sect!  19  amended,  1935,  257  §  4.     (See  1935,  257  §  12.) 

Sect.  23  added,  1932,  297  (authorizing  counties  to  receive  certain 

gifts). 

Chapter  35.  — ■  County  Treasurers,  State  Supervision   of   County  Accounts 

and  County  Finances. 

For  temporary  legislation  relative  to  salary  reductions  in  the  several 
counties,  see  1933,  121,  186;  1934,  228,  276,  289.  (See  also  1933, 
322  §  3.) 

For  emergency  legislation  incident  to  the  National  Industrial  Re- 
covery Act  and  the  Emergency  Relief  Appropriation  Act  of  1935,  see 
1933,366;   1934,21;   1935,404;   1936,64,83,414. 

Provisions  relative  to  travel  allowance  of  county  officials  and  em- 
ployees using  their  own  cars  on  official  business,  1933,  322  §  4. 

Sect.  3  revised,  1932,  56. 

Sect.  21  amended,  1937,  64  §  2. 

Sect.  25  amended,  1933,  175  §  1. 

Sect.  27  amended,  1933,  175  §  2. 

Sect.  28  amended,  1933,  318  §  2;  1934,  291  §  2.  (See  1933,  318  §  9; 
1934,  291  §  6.) 

Sect.  34  revised,  1937,  36. 

Sect.  37  amended,  1933,  28. 

Sect.  37A  amended,  1933,  29. 

Sect.  40  amended,  1936,  23  §  1. 

Sect.  49  amended,  1935,  182  §  1.     (See  1935,  182  §  6.) 

Chapter  36.  —  Registers  of  Deeds. 

Sect.  3  revised,  1937,  219  §  1. 

Chapter  37.  —  Sheriffs. 

Sect.  2  revised,  1937,  219  §  2. 

Sect.  22  amended,  1932,  180  §  5. 

Sect.  23  amended,  1936,  31  §  2;  repealed,  1937,  148. 

Chapter  38.  —  Medical  Examiners. 

Sect.  8  revised,  1932,  118  §  1. 

Chapter  39.  —  Municipal  Government. 

Sect.  10  amended,  1935,  403  §  1.     (See  1935,  403  §  2.) 
Sect.  19  repealed,  1934,  39  §  1. 
Sect.  20  amended,  1934,  39  §  2. 
Sect.  23  amended,  1934,  39  §  3. 

Chapter  40.  —  Powers  and  Duties  of  Cities  and  Towns. 

Sect.  4,  third  paragraph  revised,  1932,  271  §  6.     (See  1932,  271  §  7.) 

Sect.  5,  clause   (1)  amended,   1933,  318   §  3;    1935,   106;    revised, 

1935,  179;    (see  1933,  318  §  9);   clause  (2)  amended,  1936,  390;   clause 

(12)  amended,  1932,  114  §  3;    1933,  153  §  2;    245  §  2;    revised  1936, 

132  §  1,  163;   clause  (28)  revised,  1936,  211  §  5  (see  1936,  211  §  7); 


672  Changes  in  the  [Chap.  41. 

clause  (38)  added,  1934,  154  §  1  (authorizing  appropriations  for  pro- 
tection of  interests  in  real  estate  held  under  tax  title  or  taking) ;  clause 
(39)  added,  1935,  28  (authorizing  appropriations  for  the  purpose  of 
co-operating  with  the  federal  government  in  certain  unemployment 
relief  and  other  projects);  clause  (40)  added,  1937,  185  (authorizing 
appropriations  for  eyeglasses  for  needy  school  children). 

Sect.  5A  added,  1936,  40  (providing  for  the  establishment  of  reserve 
funds  for  cities) ;  amended,  1937,  34. 

Sects.  5,  6.  Temporary  act,  effective  during  1935  to  1938,  inclu- 
sive, authorizing  appropriations  for  a  general  unemployment  relief  fund, 
1935,  90;   1937,  4. 

Sect.  9  amended,  1933,  245  §  3;  1935,  305;  1936,  271;  paragraph 
added  at  end,  1937,  255. 

Sect.  14  revised,  1933,  283  §  1. 

Sect.  17  amended,  1933,  254  §  2.     (See  1933,  254  §  66.) 

Sects.  25-33.  See  1932,  143;  1933,  204;  1934,  210;  1936,  240;  for 
special  zoning  provisions  for  Boston. 

Sects.  25-30A  stricken  out,  and  new  sections  25-30A  (municipal 
zoning  laws)  inserted,  1933,  269  §  1.     (See  1933,  269  §  4.) 

Sect.  30,  paragraph  in  lines  61-70  (as  appearing  in  1933,  269  §  1) 
amended,  1935,  388  §  1;  paragraph  in  hues  80-90  (as  appearing  in 
1933,  269  §  1)  amended,  1935,  388  §  2. 

Sect.  32  revised,  1933,  185  §  1.     (See  1933,  185  §  2.) 

Sect.  40  revised,  1933,  314. 

Sect.  42A  revised,  1932,  197  §  2;  amended,  1936,  42  §  1.  (See  1932, 
197  §  3.) 

Sect.  42B  amended,  1935,  56  §  1;  revised,  1936,  42  §  2.  (See  1935, 
56  §  2.) 

Sect.  42C  amended,  1935,  248  §  1. 

Sect.  42D,  last  sentence  revised,  1935,  248  §  2. 

Sect.  42E,  last  sentence  amended,  1932,  180  §  6. 

Sect.  51  revised,  1937,  196. 

Chapter  41.  — ■  Officers  and  Employees  of  Cities,  Towns  and  Districts. 

For  temporary  legislation  relative  to  salary  reductions  in  Boston, 
see  1933,  121;   1934,  228,  289. 

Sects.  1  and  2.    See  G.  L.  chap.  54 A  §§  1,  2,  inserted  by  1937,  345. 

Sect.  1,  paragraph  in  line  10  revised,  1934,  155  §  1. 

Sect.  5  amended,  1934,  39  §  4. 

Sect.  11.     See  G.  L.  chap.  54A  §§  13  and  15,  inserted  bv  1937,  345. 

Sect.  13  amended,  1936,  18;   1937,  143  §  1. 

Sect.  13A  added,  1932,  289  §  5  (provisions  relative  to  bonds  of  city 
clerks).  [For  prior  legislation,  see  G.  L.  chapter  140  §  148,  repealed 
by  1932,  289  §  6.] 

Sect.  19A  added,  1933,  70  §  1  (requiring  the  filing  with  the  state 
secretary  of  certificates  of  appointment  or  election  of  clerks  or  assist- 
ant or  temporary  clerks  of  cities  or  towns,  and  granting  authority  to 
said  secretarv  to  authenticate  attestations  of  any  such  officer).  (See 
1933,  70  §  2.) 

Sect.  21,  last  paragraph  revised,  1934,  155  §  2.     (See  1934,  155  §  4.) 

Sect.  24A  repealed,  1937,  129  §  1. 

Sect.  25  revised,  1937,  129  §  2. 


Chaps.  42,  43.]  GENERAL   LaWS.  673 

Sect.  25A  revised,  1937,  129  §  3. 

Sect.  26  revised,  1937,  129  §  4. 

Sect.  26A  added,  1935,  149  (relative  to  employment  of  counsel^by 
boards  of  assessors  in  certain  eases). 

Sect.  27  revised,  1936,  118  §  1.     (See  1936,  118  §  3.) 

Sect.  35  revised,  1937,  143  §  2. 

Sect.  37  revised,  1933,  82  §  2;  amended,  1934,  259  §  2. 

Sect.  38A  amended,  1936,  201. 

Sect.  40  revised,  1937,  143  §  3. 

Sect.  54A  amended,  1936,  62. 

Sect.  59  amended,  1936,  94. 

Sect.  61A  revised,  1937,  143  §  4. 

Sect.  66  revised,  1934,  155  §  3. 

Sect.  70,  paragraph  added  at  end,  1936,  211  §  1.    (See  1936,  211  §  7.) 

Sect.  72  revised,  1936,  211  §  2.    (See  1936,  211  §  7.) 

Sect.  73,  paragraph  added  at  end,  1936,  211  §  3.    (See  1936,  211  §  7.) 

Sects.  81A-81J  added,  under  caption  "improved  method  of  munic- 
ipal planning",  1936,  211  §  4.     (See  1936,  211  §  7.) 

Sect.  91B  added,  1933,  128  (further  regulating  the  appointment  of 
constables). 

Sect.  99  amended,  1932,  124. 

Sect.  100,  sentence  added  at  end,  1933,  324  §  3. 

Sect.  lOOA  amended,  1933,  318  §  4;  1934,  291  §  3.  (See  1933,  318 
§§8,9;   1934,291  §6.) 

Sect.  105  amended,  1936,  132  §  2. 

Sect.  Ill  revised,  1932,  109;  amended,  1936,  242;  revised,  1937,  15. 

Sect.  lllA  amended,  1934,  107. 

Chapter  42.  —  Boundaries  of  Cities  and  Towns. 

Boundary  Hne  between  Saugus  and  Wakefield  (portion)  estabhshed, 
1933,  298;  between  Woburn  and  Reading  (portion)  established,  1934, 
177;  between  Oak  Bluffs  and  Tisbury  (portion)  established,  1935, 
145;  between  Brewster  and  Orleans  (portion)  established,  1935,  356; 
between  Middleton  and  Topsfield  established,  1936,  96;  between  Fox- 
borough  and  Walpole  established,  1937,  140;  between  Edgartown  and 
Oak  Bluffs  (portion)  estabhshed,  1937,  265. 

Sect.  1  revised,  1933,  278  §  3. 

Chapter  43.  —  City  Charters. 

Sect.  15  amended,  1933,  313  §  7. 

Sect.  23  amended,  1935,  68  §  1. 

Sect.  26,  first  paragraph  revised,  1937,  224  §  1. 

Sect.  42  amended,  1935,  68  §  2. 

Sect.  44A  amended,  1933,  313  §  8;  last  two  sentences  stricken  out, 
and  paragraph  added  at  end,  1934,  30. 

Sect.  44C,  first  paragraph  amended,  1937,  147. 

Sect.  44H  amended,  1932,  180  §  7. 

Sect.  50A  added,  1936,  135  (relative  to  the  filling  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  A  form  of  charter). 

Sect.  56  amended,  1937,  224  §  2. 

Sect.  59A  added,  1937,  224  §  3  (relative  to  the  filling  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  B  form  of  charter). 


674  Changes  in  the  [Chaps.  43A,  44. 


Chapter  43A.  —  Standard  Form  of  Representative  Town  Meeting 

Government. 

Act  relative  to  Wellesley,  1932,  202;  to  Needham,  1932,  279;  to 
Webster,  1933,  13;  to  South  Hadley,  1933,  45;  to  Easthampton,  1933, 
178;  to  Milford,  1933,  271;  to  Adams,  1935,  235;  to  Falmouth,  1935, 
349;  to  Amherst,  1936,  10;  to  Amesbury,  1936,  39;  to  Braintree,  1936, 
56;   1937,  17. 

See  G.  L.  chap.  54A,  inserted  by  1937,  345,  relative  to  election  of 
city  and  town  officers  by  proportional  representation  and  preferential 
voting. 

Sect.  3,  first  paragraph  amended,  1937,  267  §  2. 

Sect.  4,  first  paragraph  amended,  1936,  128. 

Chapter  44.  —  Municipal  Finance. 

For  temporary  legislation  establishing  an  emergency  finance  board 
in  the  department  of  the  state  treasurer,  and  providing  for  the  borrow- 
ing of  money  by  cities  and  towns  against  certain  tax  titles,  see  1933, 
49,  104;   1935,  221,  300,  456;   1936,  281. 

For  temporary  acts  relative  to  funds  granted  under  the  federal 
emergency  relief  act  of  1933,  see  1933,  344;   1934,  163. 

For  emergency  legislation  incident  to  the  National  Industrial  Re- 
covery Act  and  the  Emergency  Relief  Appropriation  Act  of  1935,  see 

1933,  366;   1934,  21;    1935,  404;   1936,  64,  83,  414;   1937,  159. 

For  temporary  legislation  in  aid  of  the  town  of  Millville,  see  1933, 
341;  1935,470. 

For  legislation  authorizing  the  renewal  by  cities  and  towns  of  certain 
temporary  revenue  loans,  see  1935,  12. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4. 

For  temporary  act  authorizing  cities  and  towns  to  borrow  on  account 
of  public  welfare  and  soldiers'  benefits  from  the  commonwealth  and 
elsewhere,  and  authorizing  the  commonwealth  to  issue  bonds  or  notes 
to  provide  funds  therefor,  see  1933,  307  (as  changed  by  1933,  344  §§  3,  4; 

1934,  335;  and  as  affected  by  1933,  367  §  1). 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow, 
during  1935,  1936  and  1937,  on  account  of  public  welfare  and  soldiers' 
benefits  and  their  share  of  the  cost  of  Emergency  Relief  Administration 
projects,  see  1935,  188;  1936,  80;  1937,  107.  (See  1935,  456;  1936, 
257.) 

For  legislation  authorizing  temporary  borrowings  by  cities,  towns 
and  districts  in  anticipation  of  receipts  from  federal  grants  for  emer- 
gency pubhc  works,  see  1935.  213,  404  §  8;  renewal  of  such  borrow- 
ings, 1936,  64. 

Sect.  2  revised,  1936,  224  §  4.     (See  1936,  224  §§  11,  12.) 

Sect.  4  amended,  1934,  11  §  1;  affected,  1934,  11  §§  2,  3;  amended, 
1936,  16. 

Sect.  4A  added,  1935,  68  §  3  (temporary  loans  by  cities  in  antici- 
pation of  revenue  exempted  from  charter  provisions  relative  to  publi- 
cation and  referendum). 

Sect.  5A  amended,  1935,  68  §  4. 


Chaps.  4G-51.]  GENERAL   LawS.  675 

Sect.  7  amended,  1936,  224  §  5.     (See  1936,  224  §§  11,  12.) 
Sect.  10  amended,  1936,  224  §  6.     (See  1936,  224  §§11,  12.) 
Sect.  11  amended,  1936,  224  §  7.     (See  1936,  224  §§11,  12.) 
Sect.  12  amended,  1936,  224  §  8.     (See  1936,  224  §§  11,  12.) 
Sect.  16,  last  sentence  stricken  out,  1936,  224  §  10.     (See  1936,  224 
§§  11,  12.) 
Sect.  22  amended,  1936,  224  §  9.     (See  1936,  224  §§  11,  12.) 
Sect.  29.    As  to  tax  limit  of  Boston,  see  1932,  125;   1933,  159;  1934, 
201;   1935,  284;   1936,  224. 

Sect.  46A  added,  1932,  155  (making  permanent  certain  provisions 
of  law  relative  to  investigations  of  municipal  accounts  and  financial 
transactions  by  the  director  of  accounts).     (For  prior  temporary  legis- 
lation, see  1926,  210;   1929,  335.] 
Sect.  51  amended,  1934,  355. 
Sect.  54  amended,  1933,  200. 

Sect,  56A  added,  1934,  229  §  1  (relative  to  the  financial  year  of 
cities).     (See  1934,  229  §§  2,  3.) 

Chapter  46.  —  Return  and  Registry  of  Births,  Marriages  and  Deaths. 

Sect.  1,  third  sentence  of  second  paragraph  revised,  1933,  280  §  1. 
Sect.  2A  added,    1933,   279    (regulating  the   impounding  of  birth 
records  of  children  born  out  of  wedlock);  amended,  1937,  78  §  1. 
Sect.  9  amended,  1936,  100. 
Sect.  12  amended,  1937,  78  §  2. 
Sect.  13,  second  paragraph  amended,  1933,  280  §  2. 
Sect.  17  revised,  1932,  12. 

Chapter  48.  —  Fires,  Fire  Departments  and  Fire  Districts. 

For  emergency  legislation  incident  to  the  National  Industrial  Re- 
covery Act  and  the  Emergency  Relief  Appropriation  Act  of  1935,  see 
1933,  366;   1934,  21;    1935,  404;    1936,  64,  83,  414. 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow, 
during  1935,  1936  and  1937,  on  account  of  pubhc  welfare  and  soldiers' 
benefits  and  their  share  of  the  cost  of  Emergency  Rehef  Administration 
projects,  see  1935,  188;  1936,  80;  1937,  107.  (See  1935,  456;  1936, 
257.) 

For  legislation  authorizing  temporary  borrowings  by  cities,  towns 
and  districts  in  anticipation  of  receipts  from  federal  grants  for  emer- 
gency public  works,  see  1935,  213,  404  §  8;  renewal  of  such  borrow- 
ings, 1936,  64. 

Sect.  15  amended,  1932,  180  §  8. 

Chapter  50.  —  General  Provisions  relative  to  Primaries,  Caucuses  and 

Elections. 

Sect.  2  amended,  1932,  141  §  1. 

Chapter  51.  —  Voters. 

Sect.  1,  paragraph  added  at  end,  1932,  206. 

Sect.  2  amended,  1933,  254  §  3.     (See  1933,  254  §  66.) 

Sect.  3  amended,  1933,  254  §  4.     (See  1933,  254  §  66.) 


676  Changes  in  the  [Chaps.  52, 53. 

Sect.  4  amended,  1933,  254  §  5;   first  paragraph  revised,  1935,  345 
§  1;  amended,  1937,  1  §  1.    (See  1933,  254  §§  65,  66;   1937,  226.) 

Sect.  7  amended,  1933,  254  §  6;  revised,  1935,  345  §  2.     (See  1933, 
254  §§  65,  66.) 

Sect.  8  amended,  1933,  254  §  7;    1937,  1  §  2.     (See  1933,  254  §  66.) 
Sect.  9  amended,  1933,  254  §  8.     (See  1933,  254  §  66.) 
Sect.  14B  added,  1933,  254  §  9  (amending  special  acts  relative  to 
the  listing  of  voters  in  certain  municipalities  so  as  to  conform  to  the 
change  in  taxing  date  from  April  1  to  January  1).     (See  1933,  254 
§§  65,  66.) 
Sect.  26  amended,  1932,  48  §  1;   193-5,  37  §  1. 
Sect.  27  revised,  1932,  48  §  2;  amended,  1935,  37  §  2. 
Sect.  32  amended,  1933,  254  §  10.     (See  1933,  254  §  66.) 
Sect.  34  amended,  1933,  254  §  11.     (See  1933,  254  §  66.) 
Sect.  36  amended,  1933,  254  §  12.     (See  1933,  254  §  66.) 
Sect.  37  amended,  1933,  254  §  13.     (See  1933,  254  §  66.) 
Sect.  43  amended,  1933,  254  §  14.     (See  1933,  254  §  66.) 
Sect.  55  amended,  1933,  254  §  15;    sentence  added  at  end,  1936, 
2  §  1.     (See  1933,  254  §  66.) 
Sect.  61  amended,  1937,  21  §  1. 

Chapter  52.  —  Political  Committees. 

Sect.  1  amended,  1932,  310  §  1;   revised,  1934,  288  §  1;    1936,  99. 
(See  1934,  288  §  5.)    Affected,  1937,  384,  435. 
Sect.  2  amended,  1932,  310  §  2;   revised,  1934,  288  §  2;   amended, 

1936,  11  §  2.     (See  1934,  288  §  5;    1936,  11  §  3.)    Affected,  1937,  384, 
435. 

Sect.  4  amended,  1934,  288  §  3.     (See  1934,  288  §  5.) 

Sect.  7  amended,  1934,  118;   first  paragraph  stricken  out,  1934,  288 

§  4.    (See  1934,  288,  §  5.)    Affected,  1937,  384,  435. 
Sect.  9  amended,  1932,  310  §  3;   1937,  24  §  1.    Affected,  1937,  384, 

435. 

Chapter    53.  —  Nominations,    Questions    to    be    submitted    to    the    Voters, 
Primaries  and  Caucuses. 

Sect.  2  amended,  1932,  310  §  4;  last  sentence  revised,  1934,  32  §  1. 
(See  G.  L.  chap.  54A  §  3,  inserted  by  1937,  345.)  Affected,  1937,  384, 
435. 

Sect.  3  revised,  1936,  116  §  1;  amended,  1937,  45  §  1. 

Sect.  6  amended,  1936,  101.     (See  G.  L.  chap.  54A  §  3,  inserted  by 

1937,  345.) 

Sect.  7  amended,  1933,  254  §  16;  sentence  inserted,  1936,  2  §  2; 
section  revised,  1936,  4  §  1;  amended,  1937,  25  §  1.  (See  1933,  254 
§66.) 

Sect.  8,  first  paragraph  amended,  1932,  135  §  4;  section  amended, 
1933,  35  §  1. 

Sect.  10,  first  paragraph  amended,  1934,  111;  revised,  1937,  45  §  2; 
second  paragraph  revised,  1933,  313  §  2;  third  paragraph  revised,  1937, 
77  §2. 

Sect.  11,  sentence  added  at  end,  1933,  313,  §  3;  revised,  1937,  77 
§  3;  section  revised,  1937,  212,  §  1. 

Sect.  12  revised,  1937,  212  §  2. 


Chap.  53.]  GENERAL   LaWS.  677 

Sect.  12A  added,  1933,  305  (to  prevent  certain  fraudulent  nomina- 
tions). 

Sect.  13,  sentence  added  at  end,  1933,  313  §  4:  section  amended, 
1937,  26,  77  §  4. 

Sect.  18  revised,  1934,  282. 

Sect.  22A  amended,  1932,  80. 

Sect.  24.     See  1937,  275. 

Sect.  28  amended,  1932,  310  §  5;  revised,  1933,  313  §  5;  amended, 
1934,  32  §  2.  Affected  (during  1934),  1934,  89.  Affected  also,  1937, 
384,  435. 

Sect.  32  amended,  1932,  310  §  6.    Affected,  1937,  384,  435. 

Sect.  34  revised,  1932,  310  §  7;  fourth  paragraph  revised,  1937,  22. 
Section  affectcfl,  1937,  384,  435. 

Sect.  35  amended,  1932,  310  §  8.    Affected,  1937,  384,  435. 

Sect.  40  revised,  1932,  30. 

Sect.  41  revised,  1932,  310  §  9.     Affected,  1937.  384,  435. 

Sect.  42  amended,  1932,  310  §  10;  1937,  24  §  2.  Affected,  1937, 
384  435. 

Sect.  43  amended,  1932,  310,  §  11;   1937,  201.     (See  1937,  384,  435.) 

Sect.  44  revised,  1932,  310  §  12;  amended,  1935,  38.  Affected, 
1937,  384,  435. 

Sect.  45  amended,  1932,  310  §  13;  first  paragraph  amended,  1936,  22. 
Section  affected,  1937,  384,  435. 

Sect.  46  amended,  1936,  4  §  2:  revised.  1937,  25  §  2. 

Sect.  47  amended,  1932,  310  §  14.     Affected,  1937,  384,  435. 

Sect.  48  amended,  1932,  310  §  15.  (Temporarily  affected,  1934, 
165;   1936,  150.)     Affected  also,  1937,  384,  435. 

Sect.  49  revised,  1932,  310  §  16.     Affected,  1937,  384,  435. 

Sect.  51  amended,  1932,  310  §  17.     Affected,  1937  384,  435. 

Sect.  52  amended,  1932,  310  §  18.     Affected,  1937,  384,  435. 

Sect.  53  revised,  1932,  310  §  19      Affected,  1937,  384,  435. 

Sect.  53 A  amended,  1932,  310  §  20.     Affected,  1937,  384,  435. 

Sect.  54  revised,  1932,  310  §  21;  two  sentences  added,  1935,  482 
§  1;  section  amended,  1936,  11  §  1;  1937,  24  §  3.  Affected,  1937,  384, 
435.    (See  1936,  11  §§  2,  3.) 

Sects.  54A  and  54B  added,  1932,  310  §  22  (relative  to  proceedings 
at  pre-primary  conventions,  to  the  form  of  certificates  of  nomination 
of  candidates  thereat,  and  to  the  acceptance  of  such  nominations). 
Affected,  1937,  384,  435. 

Sect.  55,  paragraph  added  at  end,  1936,  116  §  2. 

Sect.  57  amended,  1937,  410. 

Sect.  61  amended,  1936,  140;  1937,  411.  (See  G.  L.  chap.  54A  §  3, 
inserted  by  1937,  345.) 

Sects,  65-70  (and  caption)  repealed,  1932.  310  §  23.  (See  1937,  384 
435.) 

Sect.  71.     See  1937,  275. 

Sect.  72A  added,  1933,  313  §  6  (relative  to  caucuses  before  regular 
city  elections  in  cities  having  absent  voting) ;  revised,  1937,  77  §  5, 

Sect,  112  amended,  1935,  59  §  2. 

Sect,  117  amended,  1932,  141  §  2. 

Sect.  121  added,  1932,  141  §  3  (authorizing  the  nomination  by 
caucuses  other  than  those  of  poHtical  or  municipal  parties  of  two 
candidates  for  each  town  office) ;  revised,  1936,  204. 


678  Changes  in  the  [Chap.  54. 


Chapter  54.  —  Elections. 

For  legislation  relative  to  election  of  city  and  town  officers  by  pro- 
portional representation  and  preferential  voting,  see  G.  L.  chap.  S-iA, 
inserted  by  1937,  345. 

Sect.  4  revised,  1935,  482  §  2;  amended,  1936,  185;  revised,  1937, 
412. 

Sect.  9A  added,  1937,  267  §  1  (relative  to  the  use  of  precincts  in 
certain  towns  in  the  formation  of  representative  districts). 

Sect.  11  amended,  1932,  76  §  1;   1934,  158  §  1;   1937,  27. 

Sect.  IIA  added,  1932,  76  §  2  (dispensing  with  the  appointment  of 
deputy  election  officers  in  certain  cities). 
j^  Sect.  12  amended,  1934,  158  §  2. 
^  Sect.  13  amended,  1934,  158  §  3. 
i    Sect.  19  amended,  1934,  158  §  4. 

Sect.  21  amended,  1934,  158  §  5. 

Sect.  33,  last  sentence  stricken  out,  and  paragraph  inserted  at  end, 

1935,  238  §  1. 

Sect.  34  revised,  1936,  205  §  1. 

Sect.  38  revised,  1936,  205  §  2. 

Sect.  41,  third  paragraph  amended,  1933,  35  §  2. 

Sect.  42  amended,  1932,  135  §  5;  first  paragraph  amended,  1935, 
238  §  2 

Sect.' 43  revised,  1932,  135  §  1. 

Sect.  62  amended,  1935,  257  §  5.     (See  1935,  257  §  12.) 

Sect.  64,  last  paragraph  amended,  1934,  39  §  5. 

Sect.  65  revised,  1933,  289  §  1. 

Sect.  71.    See  1937,  275. 

Sect.  78  revised,  1932,  135  §  2. 

Sect.  85A  added,  1937,  275  §  1  (relative  to  the  challenging  of 
voters  at  polling  places  at  certain  elections,  primaries  and  caucuses). 
(See  1937,  275  §  2  ) 

Sect.  87,  subsection  (b)  revised,  1936,  404  §  1 ;  subsection  (c)  revised, 

1936,  404  §  2;  subsection  (c)  amended,  1937,  162  §  2. 
Sect.  89  revised,  1936,  404  §  3. 

Sect.  92  revised,  1936,  404  §  4:   amended,  1937,  162  §  1. 

Sect.  93  revised,  1936,  404  §  5. 

Sect.  95  revised,  1936,  404  §  6. 

Sect.  96  amended,  1936,  404  §  7. 

Sect.  100  revised,  1936,  404  §  8. 

Sect.  103A  added,  1933,  313  §  1  (providing  for  absent  voting  at 
regular  city  elections);  affected,  1936,  404  §  9;  revised,  1937,  77  §  1. 

Sect.  104  amended,  1934,  39  §  6. 

Sect.  112  amended,  1935,  257  §  6.     (See  1935,  257  §  12.) 

Sect.  122  amended,  1935,  257  §  7.     (See  1935,  257  §  12.) 

Sect.  132  amended,  1932,  33. 

Sect.  133  amended,  1937,  21  §  2. 

Sect.  135,  first  paragraph  amended,  1933,  254  §  17;  section  revised, 
1933,  270;  first  paragraph  revised,  1935,  59  §  1;  third  paragraph  revised, 
1937,  303.     (See  1933,  254  §  66.) 

Sect.  137  amended,  1935,  55. 

Sect.  138,  last  paragraph  amended,  1937,  23  §  1. 


Chaps.  54A-58A.]  GENERAL   LawS.  679 

Sect.  144  revised,  1935,  257  §  8.     (See  1935,  257  §  12.) 

Sect.  146  amended,  1935,  257  §  9.     (See  1935,  257  §  12.) 

Sect.  148  amended,  1937,  23  §  2. 

Sect.  151  amended,  1932,  135  §  3. 

Sect.  158  amended,  1935,  257  §  10.     (See  1935,  257  §  12.) 

Sect.  161  (except  last  paragraph)  amended,  1934,  265. 

Chapter  54A.  —  Election  of  City  and  Town  Officers  by  Proportional  Repre- 
sentation and  Preferential  Voting. 

New  chapter  inserted,  1937,  345. 

Chapter  56.  —  Violations  of  Election   Laws. 

Sect.  39  revised,  1933,  289  §  2. 

Chapter  58.  —  General  Provisions  relative  to  Taxation. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 

charges  due  the  commonwealth,  see  1935,  498  §§2,  3,  4;   1936,  440 

§§  2,  3,  4;   1937,  444  §§  2,  3,  4. 
Sect.  1,  fifth  sentence  amended,  1932,  180  §  9;  same  sentence  revised, 

1937,  108  §  2. 
Sect.  2  amended,  1933,  254  §  18.     (See  1933,  254  §  66.) 
Sect.  3  amended,  1933,  254  §  19.     (See  1933,  254  §  66.) 
Sect.  8  revised,  1935,  322  §  1. 

Sect.  10  amended,  1934,  323  §  9.     (See  1934,  323  §  11.) 
Sect.  13  amended,  1933,  254  §  20.     (See  1933,  254  §  66.) 
Sect.  15  amended,  1933,  254  §  21.     (See  1933.  254  §  66.) 
Sect.  18  revised,  1933,  350  §  7;   amended,  1936,  405  §  1;   affected, 

1933,  357  §  4;    1935,  438  §  2.     (See  1933,  307  §  11,  350  §  9;    1936, 

362  §  4.) 

Sect.  20  revised,  1936,  362  §  3;  amended,  1937,  108  §  1.     (See  1936, 

362  §§  4,  8;    1937,  108  §  3.) 

Sect.  20A  added,  1936,  376  §  3  (relative  to  the  set-off  of  money  due 

to  the  commonwealth  from  a  city  or  town  against  sums  due  to  the  city 

or  town  from  the  commonwealth). 

Sect.  21  amended,  1933,  254  §  22;    repealed,  1934,  323  §  1.     (See 

1933,  254  §  66;   1934,  323  §  11.) 
Sects.  22  and  23  repealed,  1934,  323  §  1.     (See  1934,  323  §  11.) 
Sect.  24  amended,  1933,  254  §  23.     (See  1933,  254  §  66.) 
Sect.  24 A  revised,  1934,  323  §  2.     (See  1934,  323,  §  11.) 
Sect.  25  revised,  1934,  323  §  3.     (See  1934,  323  §  11.) 
Sect.  25A  revised,  1934,  323  §  4.     (See  1934,  323  §  11.) 
Sect.  26  amended,  1933,  254  §  24;    repealed,  1934,  323  §  1.     (See 

1933,  254  §  66;   1934,  323  §  11.) 
Sect.  31  added,  under  heading  "forms",  1937,  135  §  1  (relative  to 

forms  of  application  for  abatement  of  taxes  and  certain  other  forms 

and  the  approval  thereof  by  the  commissioner  of  corporations  and 

taxation) . 

Chapter  58A.  —  Appellate  Tax  Board  (former  title,  Board  of  Tax  Appeals). 

Title  revised,  1937,  400  §  2. 

For  legislation  abolishing  the  board  of  tax  appeals  and  creating  the 
appellate  tax  board,  see  1937,  400. 


680  Changes  in  the  [Chap.  59. 

Sect.  1  revised,  1937,  400  §  3.  (See  1937,  400  §§  1,  2,  4,  5,  7.) 
Sect.  6  amended,  1932,  180  §  10;  revised,  1933,  167  §  4;  one  word 

stricken  out,  1934,  323  §  10.  (See  1933,  167  §  5;  1934,  323  §  11;  1937, 

400  §  1.) 

Sect.  7  revised,  1933,  321  §  2.     (See  1933,  321  §  9.) 

Sect.  7A  added,  1933,  321  §  3  (providing  for  the  establishment  of 

informal  procedure  before  the  board  of  tax  appeals);    revised,  1935, 

447.     (See  1933,  321  §§  8,  9.) 

Sect.  8  revised,  1933,  321  §  4.     (See  1933,  321  §  9.) 

Sect.  8A  added,  1935,  276  §  1  (providing  for  adequate  discovery  in 

tax  appeal  cases). 

Sect.  10  revised,  1933,  321  §  5.     (See  1933,  321  §  9.) 

Sect.  12  amended,  1933,  321  §  6.     (See  1933,  321  §  9.) 

Sect.  13  revised,  1933,  321  §  7;  one  sentence  revised.  1933,  350  §  8; 

same  sentence  amended,  1935,  218  §  1.     (See  1933,  321  §  9,  350  §  9.) 

Chapter  59.  —  Assessment  of  Local  Taxes. 

For  temporary  provisions  relative  to  old  age  assistance  taxes  and 
state  reimbursement  of  cities  and  towns  for  old  age  assistance  given 
by  them,  see  1932,  259  §§  1,  2.     (For  prior  legislation,  see  1931,  398.) 

FOi'  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§2,3,4;   1937,  444  §§  2,  3,  4. 

As  to  Boston  taxes,  see  1932,  125;  1933,  159;  1934,  201;  1935,  284; 
1936,  224. 

Sect.  1  amended,  1936,  202  §  1.     (See  1936,  202  §  2.) 

Sect.  5,  clause  First  revised,  1936,  81;  clause  Third,  subsection  (c) 
amended,  1933,  198  §  1  (see  1933,  198  §  2) ;  clause  Sixteenth  revised, 
1936,  362  §  1  (see  1936,  362  §§  4,   8);    clause  Seventeenth  revised, 

1935,  294;    clause  Twentieth  revised,  1937,  132;    clause  Twenty-third 
amended,  1932,  114  §  4. 

Sect.  6  amended,  1933,  254  §  25;   1936,  59  §  1.    (See  1933,  254  §  66; 

1936,  59  §  3.) 

Sects.  6  and  7.  See  1934,  307. 

Sect.  7,  first  paragraph  amended,  1936,  59  §  2.  (See  1936,  59  §  3.) 

Sect.  8  amended,  1933,  80,  254  §  26;  paragraph  added  at  end, 

1935,  119  §  1.  (See  1933,  254  §  66;  1935,  119  §  2.) 
Sect.  9  amended,  1933,  254  §  27.  (See  1933,  254  §  66.) 
Sect.  10  amended,  1933,  254  §  28.  (See  1933,  254  §  66.) 
Sect.  11  amended,  1933,  254  §  29;  revised,  1936,  92.  (See  1933, 

254  §  66.) 

Sect.  16  amended,  1937,  114. 

Sect.  18,  opening  paragraph  and  clauses  First  and  Second  amended, 

1933.  254  §  30;   clause  Second  revised,  1936,  362  §  2.     (See  1933,  254 

§  66;  1936,  362  §  8.) 
Sect.  19  amended,  1933,  254  §  31.     (See  1933,  254  §  66.) 
Sect.  20  revised,  1933,  254  §  32;    amended,  1936,  376  §  1.     (See 

1933,  254  §  66.) 

Sect.  21  revised,  1933,  254  §  33;  1936,  376  §  2.  (See  1933,  254  §  66.) 

Sect.  27  amended,  1936,  118  §  2.  (See  1936,  118  §  3.) 

Sect.  29,  last  three  sentences  revised,  1933,  254  §  34.  (See  1933, 

254  §  66.) 


Chap.  60]  GENERAL   LaWS.  681 

Sect.  33  amended,  1933,  254  §  35.  (See  1933,  254  §  66.) 
Sect.  39  amended,  1933,  254  §  36.  (See  1933,  254  §  66.) 
Sect.  41  amended,  1933,  254  §  37.  (See  1933,  254  §  66.) 
Sect.  45  amended,  1933,  254  §  38;  form  appended  to  section  amended, 

1933,  254  §  39.    (See  1933,  254  §  66.) 
Sect.  47  amended,  1933,  254  §  40.     (See  1933,  254  §  66.) 
Sect.  49  amended,  1933,  254  §  41.     (See  1933,  254  §  66.) 
Sect.  57  amended,  1933,  151  §  1;    revised,  1933,  254  §  42;    1935, 

158  §  1;   amended,  1937,  203  §  1.     (See  1933,  151  §  2;  254  §  66;    1935, 

158  §  2;  1937,  203  §  2.) 
Sect.  59,  sentence  added  at  end,  1933,  165  §  1;  section  revised,  1933, 

254  §  43,  266  §  1;   1934,  136  §  2;    amended,  1935,  187  §  1.     (See  1933, 

254  §  66,  266  §  2;   1934,  136  §  3;   1935,  187  §  2.) 
Sect.  61,  last  sentence  revised,  1933,  165  §  2. 
Sect.  61A  added,  1935,  276  §  2  (providing  for  adequate  discovery 

in  proceedings  for  tax  abatement). 

Sect.  64,  first  paragraph  amended,  1933,  130  §  1;  second  paragraph 

amended,  1935,  218  §  2;  section  revised,  1937,  400  §  6.    (See  1937.  400 

§§  1-5,  7  ) 
Sect.  65  amended,  1933,  130  §  2,  167  §  1. 
Sect.  65A  added,  1932,  218  §  1  (providing  that  the  sale  or  taking  of 

real  property  for  payment  of  unpaid  taxes  thereon  shall  not  prejudice 

proceedings  for  the  abatement  of  such  taxes) ;   revised,  1933,  325  §  18. 

(See  1932,  218  §  2;   1933,  325  §  19.) 
Sect.  69  amended,  1935,  218  §  3. 

Sect.  73  amended,  1933,  254  §  44.  (See  1933,  254  §  66.) 
Sect.  74  amended,  1933,  254  §  45.  (See  1933,  254  §  66.) 
Sect.  75  amended,  1934,  104. 

Sect.  83  amended,  1933,  254  §  46.  (See  1933,  254  §  66.) 
Sect.  84  amended,  1933,  254  §  47.  (See  1933,  254  §  66.) 
Sect.  85  amended,  1933,  254  §  48.  (See  1933,  254  §  66.) 
Sect.  86  amended,  1933,  254  §  49.     (See  1933,  254  §  66.) 

Chapter  60.  —  Collection  of  Local  Taxes. 

Temporary  acts  providing  for  advance  payments  on  account  of 
taxes  (for  1932,  1933  and  1934)  in  certain  cities  and  towns,  1932,  94; 
1933,  99. 

Sect.  1,  third  paragraph  revised,  1933,  164  §  1. 

Sect.  3  revised,  1933,  254  §  50.     (See  1933,  254  §  66.) 

Sect.  3A  added,  1934,  136  §  1  (requiring  that  certain  information 
relative  to  abatement  or  exemptions  be  included  in  tax  bills) ;  amended, 
1936,  156.     (See  1934,  136  §  3.) 

Sect.  3B  added,  1935,  322  §  2  (relative  to  the  suspension  of  payment 
of  certain  assessments  payable  by  certain  persons  entitled  to  exemp- 
tion from  local  taxes.) 

Sect.  5  revised,  1933,  168  §  2. 

Sect.  13,  sentence  added  at  end,  1937,  143  §  5. 

Sect.  15,  first  paragraph  amended,  1934,  151  §  2;   1935,  252  §  1. 

Sect.  15A  added,  1935,  252  §  2  (further  regulating  charges  and  fees 
for  the  collection  of  poll  taxes). 

Sect.  16  revised,  1933,  168  §  1;  amended,  1933,  254  §  51.  (See 
1933,  168  §  4,  254  §  66.) 


682  Changes  in  the  [Chap.  60. 

Sect.  18  repealed,  1932,  54  §  1. 

Sect.  22  revised,  1933,  254  §  52;  affected,  1933,  308.  (See  1933, 
254  §  66.) 

Sect.  23  revised,  1932,  197  §  1. 

Sect.  37  amended,  1933,  254  §  53,  325  §  1;  1934,  131  §  2;  revised, 
1934,  169;  amended,  1935,  269;  1936,  146.  (See  1933,  254  §  66;  1934, 
131  §  3.) 

Sect.  38  amended,  1933,  254  §  54,  325  §  2.  (See  1933,  254  §  66; 
325  §  21.) 

Sect.  39  amended,  1933,  325  §  3. 

Sect.  42  revised,  1933,  164  §  2. 

Sect.  43,  last  sentence  revised,  1932,  54  §  2;  section  amended,  1935, 
183,  236. 

Sect.  45  amended,  1933,  325  §  4;   1937,  209. 

Sect.  46,  paragraph  added  at  end,  1934,  131  §  1. 

Sect.  48  amended,  1933,  325  §  5.     (See  1933,  325  §  20.) 

Sect.  50  revised,  1933,  325  §  6;  amended,  1935,  414  §  1;  1936,  93  §  2. 
(See  1935,  414  §  4.) 

Sect.  50A  added,  1934,  154  §  2  (providing  for  protection  of  interests 
in  real  estate  held  under  tax  sales  or  takings). 

Sect.  51  amended,  1933,  254  §  55.     (See  1933,  254  §  66.) 

Sect.  52  revised,  1936,  392  §  1. 

Sect.  53  revised,  1933,  164  §  3.     (See  1933,  325  §  20.) 

Sect.  54  amended,  1933,  325  §  7. 

Sect.  55  amended,  1933,  325  §  8. 

Sect.  58  revised,  1932,  2. 

Sect.  59  amended,  1933,  254  §  56.     (See  1933,  254  §  66.) 

Sect.  61  revised,  1933,  325  §  9;  amended,  1934,  48;  1936,  93  §  1. 
(See  1933,  325  §  20.) 

Sect.  62  revised,  1933,  325  §  10;  first  paragraph  amended,  1934, 
218;  same  paragraph  revised,  1935,  414  §  2;  second  paragraph  re- 
vised, 1935,  278;  section  revised,  1936,  392  §  2.    (See  1935,  414  §  4.) 

Sect.  63  amended,  1933,  325  §  11;  revised,  1936,  392  §  3. 

Sect.  65  amended,  1933,  325  §  12. 

Sect.  66  amended,  1935,  224  §  1.     (See  1935,  224  §  6.) 

Sect.  67  amended,  1935,  224  §  2.    (See  1935,  224  §  6.) 

Sect.  68  amended,  1935,  224  §  3;  paragraph  added  at  end,  1935, 
354  §  1;  section  amended,  1935,  414  §  3.  (See  1935,  224  §  6,  354  §  3; 
414  §  4.) 

Sect.  69  amended,  1935,  224  §  4.     (See  1935,  224  §  6.) 

Sect.  70  amended,  1935,  224  §  5.     (See  1935,  224  §  6.) 

Sect.  75  amended,  1936,  189  §  1. 

Sect.  76  revised,  1935,  318  §  1;  amended,  1936,  189  §  2.  (See  1935, 
318  §§  2,  8.) 

Sect.  76A  added,  1935,  354  §  2  (providing  for  redemption  in  part 
from  tax  sales  in  certain  cases).     (See  1935,  354  §  3.) 

Sect.  78  amended,  1933,  325  §  13;  repealed,  1936,  194.  (See  1933, 
325  §  20.) 

Sect.  79,  second  paragraph  amended,  1933,  325  §  14;   1935,  173  §  1. 

Sect.  80  amended,  1933,  325  §  15;  revised,  1935,  173  §  2. 

Sect.  84  revised   1935  260. 

Sect!  84A  revised,  1933,  325  §  16;  1935,  181  §  1.    (See  1935,  181  §  2.) 

Sect.  92  revised,  1933,  82  §  1;  amended,  1934,  259  §  1. 


Chaps.  60A-62.]  GeNERAL   LaWS.  683 

Sect.  95  revised,  1933,  325  §  17;   amended,  1934,  315  §  2;   revised, 

1935,  248  §  3.     (See  1934,  315  §  3.) 
Sect.  97  revised,  1934,  151  §  1. 
Sect.  104  revised,  1937,  43. 
Sect.  105  revised,  1933,  168  §  3. 

Form  2  in  schedule  at  end  of  chapter  repealed,  1932,  54  §  1;  schedule 
of  forms  at  end  of  chapter  stricken  out,  1933,  168  §  3. 

Chapter  60A.  —  Excise  Tax  on  Registered  Motor  Vehicles  in  Lieu  of  Local 

Tax. 

Sect.  1,  first  paragraph  amended,  1936,  384  §  1;  last  paragraph 
amended,  1936,  384  §  2. 

Sect.  2  revised,  1936,  384  §  3. 
Sect.  3  revised,  1936,  384  §  4. 
Sect.  6  amended,  1936,  384  §  5. 

Chapter  61.  —  Taxation  of  Forest  Products  and  Classification  and  Taxation 

of  Forest  Lands. 

Sect.  3  amended,  1933,  254  §  57.     (See  1933,  254  §  66.) 

Chapter  62.  —  Taxation  of  Incomes. 

For  temporary  legislation,  discontinuing  the  income  tax  exemption 
as  to  dividends  of  certain  corporations,  see  1933,  307,  357;    1935,  489; 

1936,  82  §  1 ;  1937,  395. 

For  legislation,  providing  for  temporary  additional  taxes  upon  per- 
sonal incomes,  see  1935,  480;   1936,  397;    1937,  422. 

Sect.  1,  subsection  (c),  paragraph  Third  added,  1935,  489  §  6;  sub- 
section (e)  amended,  1935,  489  §  7. 

Sect.  5,  paragraph  (b)  amended,  1935,  489  §  8;  paragraph  (c)  re- 
vised, 1934,  363  §  1;  1935,  481  §  1.    (See  1934,  363  §  2;   1935,  481  §  2.) 

Sect.  6,  clause  (g)  revised,  1935,  436  §  1.     (See  1935,  436  §  2.) 

Sects.  7A  and  7B  added,  1935,  438  §  1  (relative  to  income  taxation 
of  gains  from  certain  transactions  in  real  property). 

Sect.  18.     See  Sect.  18  of  Chapter  58  in  this  Table. 

Sect,  21 A  added,  under  caption  "presumption  as  to  inhabitancy", 
1936,  310  (providing  that  individuals  under  certain  circumstances  shall 
be  presumed  to  be  inhabitants  of  the  Commonwealth  for  income  tax 
purposes). 

Sect.  25A  added,  1935,  438  §  3  (relative  to  returns  of  taxable  gains 
from  certain  transactions  in  real  property). 

Sect.  30  amended,  1935,  152. 

Sect.  33,  paragraph  added,  1932,  186. 

Sect.  36  amended,  1933,  167  §  2. 

Sect.  37  revised,  1933,  350  §  1.     (See  1933,  350  §  9.) 

Sect.  37A  added,  1933,  350  §  2  (providing  for  the  payment  of  in- 
come taxes  in  two  installments).     (See  1933,  350  §  9.) 

Sect.  39,  first  sentence  revised,  1933,  350  §  3.     (See  1933,  350  §  9.) 

Sect.  41  revised,  1932,  152;   1933,  350  §  4.     (See  1933,  350  §  9.) 

Sect.  43  amended,  1933,  350  §  5;    1937,  135  §  2.     (See  1933,  350  §  9.) 

Sect.  46  revised,  1933,  350  §  6.     (See  1933,  350  §  9.) 


684  Changes  in  the  [Chap.  63. 


Chapter  63.  —  Taxation  of  Corporations. 

Sect.  1,  paragraph  defining  ''Net  income"  revised,  1933,  327  §  1. 
(See  1933,  327  §  7.) 
Sect.  2  amended,  1933,  327  §  2.     (See  1933,  327  §  7.) 
Sect.  3  amended,  1933,  254  §  58;  1934,  323  §  5.    (See  1933,  254  §  66; 

1934,  323  §  11.) 

Sect.  5  amended,  1933,  254  §  59;  repealed,  1934,  323  §  1.  (See 
1933,  254  §  66;   1934,  323  §  11.) 

Sect.  6  repealed,  1934,  323  §  1.     (See  1934,  323  §  11.) 

Sect.  12,  paragraph  (c)  amended,  1937,  274  §  1;  paragraph  (h) 
added  at  end,  1934,  362. 

Sects.  30-51.     See  1934,  317  §  2. 

Sects.  30-60.  For  legislation,  providing  for  temporarv  additional 
taxes  levied  under  these  sections,  see  1935,  480;    1936,  397^;    1937,  422. 

Sect.  30,  paragraph  contained  in  lines  48-51  amended,  1933,  58  §  3; 
paragraph  contained  in  lines  70-74  amended,  1933,  58  §  4;  paragraphs 
contained  in  lines  52-69.  and  paragraph  amended  bv  1933,  58  §  4,  re- 
vised, 1934,  237  §  1 ;  paragraph  5  revised,  1933,  327  §  3.  (See  1933, 
58  §  5,  327  §7;    1934,  237  §  2.) 

Sect.  32  revised,  1933,  342  §  1;  amended,  1936,  362  §  5.  (See  1933, 
342  §  6;    1936,  362  §  8,) 

Sect.  32A  amended,  1933,  342  §  2.    (See  1933,  342  §  6.) 

Sect.  33  revised,  1933,  303  §1.    (See  1933,  303  §  3.) 

Sect.  34  amended,  1933.  327  §  4.     (See  1933,  327  §  7.) 

Sect.  35  revised,  1933,  58  §  1. 

Sect.  36  revised,  1933,  327  §  5;  amended,  1935,  473  §  2.  (See  1933, 
327  §7;   1935,473  §7.) 

Sect.  38,  paragraph  10  added  at  end,  1933,  342  §  3.  (See  1933 
342  §  6.) 

Sect.  38B,  last  paragraph  amended,  1935,  473  §  3.  See  1935,  473 
§  7.     (For  temporary  legislation  affecting  the  taxation,  during  1934, 

1935,  1936,  1937,  1938  and  1939,  of  corporations  subject  to  this  section, 
see  1934,  317  §  1:    1935,  489  §  4;   1937,  395  §  5.^ 

Sect.  38C  revised,  1937,  383  §  1.     (See  1937.  383  §  3.) 

Sect.  39,  subsection  (1)  revised,  1936,  362  §  6;  last  paragraph 
amended,  1933,  327  §  6;  new  paragraph  added  at  end,  1933,  342  §  4. 
(See  1933,  327  §  7,  342  §  6;  1936,  362  §  8.) 

Sect.  39A  revised,  1933,  303  §  2;  first  paragraph  amended,  1934, 
134.     (See  1933,  303  §  3.) 

Sect.  40  revised,  1933,  58  §  2. 

Sect.  42,  last  sentence  amended,  1932,  180  §  11;  section  revised, 
1933,  342  §  5.    (See  1933,  342  §  6.) 

Sect.  42B  revised,  1937,  383  §  2.     (See  1937,  383  §  3.) 

Sect.  43.     See  1933,  307  §  9A,  357;   1935,  489;    1937,  395. 

Sect.  44  amended,  1935,  473  §  4;  amended,  1936,  362  §  7.  (See 
1935,  473  §  7;    1936,  362  §  8.) 

Sect.  45  amended,  1933,  195  §  1;  revised,  1935,  473  §  5.  (See  1933, 
195  §  2;   1935,  473  §  7.) 

Sect.  48  revised,  1935,  473  §  1.    (See  1935,  473  §  7.) 

Sect.  53,  first  paragraph  amended,  1933,  254  §  60;  clause  Fourth 
revised,  1934,  323  §  6.    (See  1933,  254  §  66;   1934,  323  §  11.) 


Chaps.  64A-7().|  GeneRAL   LawS.  685 

Sect.  54,  paragraph  in  lines  9-17  amended,  1933,  254  §  61;  same 
paragraph  revised,  1934,  323  §  7;  last  paragraph  amended,  1934,  323 
§  7A.    (See  1933,  254  §  66;   1934,  323  §  11.) 

Sect.  55,  first  paragraph  amended,  1936,  134. 

Sect.  56A  revised,  1934,  317  §  3.    (See  1934,  317  §  4.) 

Sect.  59  amended,  1934,  323  §  8.    (See  1934,  323  §  li.) 

Sect.  70  revised,  1935,  473  §  6.     (See  1935,  473  §  7.) 

Sect.  71  amended,  1933,  167  §  3. 

Sect.  71A  amended,  1935,  150. 

Sect.  71B  added,  1937,  135  §  3  (providing  tliat  applications  for  abate- 
ment or  correction  of  taxes,  made  pursuant  to  any  provision  of  this 
chapter,  shall  be  in  writing  upon  forms  approved  by  the  commissioner). 

Chapter  64A.  —  Taxation   of  Sales  of  Gasoline  and   Certain   Other  Motor 

Vehicle  Fuel. 

Chapter  affected,  1932,  248;   1935,  336;   1936,  398. 

Sect.  1,  paragraph  (rf)  revised,  1936,  357  §  1.     (See  1936,  357  §  3.) 

Sect.  5  amended,  1936,  357  §  2.     (See  1936,  357  §  3.) 

Chapter  65.  —  Taxation  of  Legacies  and  Successions. 

For  legislation  providing  for  temporary  additional  taxes  upon  suc- 
cessions and  legacies   see  1935,  480;    1936,  397;    1937,  422. 

Sect.  1,  table  revised,  1933,  293. 

Sects.  24A-24F  added,  1933,  319  (providing  reciprocal  relations  in 
respect  to  death  taxes  upon  estates  of  non-resident  decedents). 

Chapter  65A.  —  Taxation  of  Transfers  of  Certain  Estates. 

Sect.  1,  paragraph  added  at  end,  1932,  284;    second  paragraph  re- 
vised. 1933,  316  §  1;  section  amended,  1937,  420  §  1.     (See  1933,  316 
§2;  1937,420  §4.) 
Sect.  6  amended,  1937,  420  §  2.    (See  1937,  420  §  4.) 
Sect.  7  repealed,  1937,  420  §  3.     (See  1937,  420  §  4.) 

Chapter  66.  —  Public  Records. 

Sect.  3  revised,  1936,  305. 

Chapter  68.  —  Donations  and  Conveyances  for  Pious  and  Charitable  Uses. 

Sect.  10,  sentence  added  at  end,  1934,  238. 

Chapter  69.  —  Powers  and  Duties  of  the  Department  of  Education. 

Sect.  6  amended,  1932,  127  §  3. 

Sect.  7  amended,  1935,  275;  1937,  213,  327. 

Sect.  8  amended,  1932,  127  §  4. 

Sect.  25  revised,  1935,  397. 

Sect.  26,  paragraph  added  at  end,  1935,  286. 

Chapter  70.  —  School  Funds  and  Other  State  Aid  for  Public  Schools. 

Sect.  2  amended,  1932,  127  §  5. 

Sect.  4,  last  paragraph  amended,  1934,  143, 

Sect.  6  amended,  1932,  127  §  6. 

Sect.  18  amended,  1932,  127  §  7. 


686  Changes  in  the  [Chaps.  71-78. 


Chapter  71.  —  Public  Schools. 

Sect.  30A  added,  1935,  370  §  1  (requiring  that  an  oath  or  affirma- 
tion be  taken  and  subscribed  to  by  certain  professors,  instructors  and 
teachers  in  the  colleges,  universities  and  schools  of  the  commonwealth). 
(See  1935,  370  §§  2,  2A,  3.) 

Sect.  42  revised,  1934,  123. 

Sect.  46A  amended,  1932,  159. 

Sect.  47  revised,  1935,  199. 

Sect.  48A  amended,  1935,  47. 

Sect.  52  amended,  1932,  90. 

Sect.  58  amended,  1932,  127  §  8;  revised,  1935,  287. 

Sect.  66,  paragraph  added  at  end,  1937,  281. 

Sect.  68  revised,  1934,  97  §  1.     (See  1934,  97  §  2.) 

Sect.  69  revised,  1935,  258. 

Sect.  71  amended,  1935,  193. 

Chapter  73.  —  State  Teachers  Colleges  (former  title,  State  Normal  Schools). 

Title  changed,  1932,  127  §  9. 
Sect.  1  amended,  1932,  127  §  10. 
Sect.  2  amended,  1932,  127  §  11. 
Sect.  3  amended,  1932,  127  §  12. 
Sect.  4  amended,  1932,  127  §  13. 
Sect.  4A  amended,  1932,  127  §  14. 

Sect.  5  amended,  1932,  127  §  15.    (Temporarily  affected,  1933,  233; 
1934,  130;   1935,  277.) 
Sect.  6  amended,  1932,  127  §  16. 
Sect.  7  amended,  1932,  127  §  17;  revised,  1935,  21. 

Chapter  74.  —  Vocational  Education. 

Sect.  8A  revised,  1937,  323. 

Sect.  11  amended,  1933,  102  §  2.     (See  1933,  102  §  4.) 

Sect.  23  repealed,  1933,  102  §  3.     (See  1933,  102  §  4.) 

Sect.  30  amended,  1937,  41. 

Sect.  31 A  added,  1934,  65  (authorizing  the  trustees  of  the  Essex 
county  agricultural  school  to  pay  transportation  costs  of  certain  pupils 
attending  said  school). 

Sect.  47E,  new  paragraph  added  at  end,  1935,  22. 

Chapter  75.  —  Massachusetts  State  College. 

Sect.  5  revised,  1935,  288. 

Sect.  6  amended,  1935,  462  §  2.    (See  1935,  462  §  1.) 

Chapter  77.  —  School  Offenders  and  County  Training  Schools. 

For  legislation  requiring  the  closing  of   the  Norfolk,  Bristol  and 
Plymouth  union  training  school,  see  1933,  295  §  2. 
Sect.  1  revised,  1933,  295  §  1. 

Chapter  78.  —  Libraries. 

Sect.  4  revised,  1935,  202. 


Chaps.  79-84.]  GENERAL  LawS.  687 


Chapter  79.  —  Eminent  Domain. 

Sect.  8  amended,  1936,  187  §  1. 

Sect.  15  repealed,  1936,  385  §  1.     (See  1936,  385  §  2.) 
Sect.  16  amended,  1936,  187  §  2. 

Sect.  44A  added,  1935,  189  (relative  to  certain  tax  liens  upon  real 
estate  taken  by  right  of  eminent  domain) ;  amended,  1936,  137. 

Chapter  80.  —  Betterments. 

Sect.  1  amended,  1933,  254  §  62.     (See  1933,  254  §  66.) 

Sect.  4  revised,  1933,  63  §  1. 

Sect.  5  amended,  1933,  157  §  2.     (See  1933,  157  §  3.) 

Sect.  10  revised,  1933,  147. 

Sect.  lOA  added,  1933,  157  §  1  (providing  that  failure  of  a  board 
of  officers  to  take  action  upon  a  petition  for  abatement  of  a  better- 
ment assessment  shall,  for  the  purposes  of  appeal,  be  equivalent  to 
refusal  to  abate  the  assessment).     (See  1933,  157  §  3.) 

Sect.  13  amended,  1933,  63  §  2,  254  §  63;  revised,  1934,  315  §  1. 
(See  1933,  254  §  66;  1934,  315  §  3.) 

Chapter  81.  —  State  Highways. 

Sect.  5  revised,  1937,  218  §  1. 

Sect.  7A  added,  1937,  344  (granting  certain  powers  to  the  depart- 
ment of  public  works  with  respect  to  certain  ways  connecting  with 
state  highways). 

Sect.  8  revised,  1936,  371;   amended,  1937,  218  §  2. 

Sect.  13A  added,  1936,  342  (authorizing  the  department  of  public 
works  to  accept  in  behalf  of  the  commonwealth  gifts  of  certain  ease- 
ments for  the  purpose  of  landscaping  along  state  highways,  and  to  do 
such  landscaping). 

Sect.  19,  last  four  sentences  stricken  out,  1933,  187  §  1.  (See  1933, 
187  §  2.) 

Sect.  26  amended,  1934,  366. 

Chapter  82.  —  The  Laying  Out,  Alteration,  Relocation  and  Discontinuance 
of  Public  Ways,  and  Specific  Repairs  Thereon. 

Sect.  7  amended,  1933,  283  §  2. 

Sect.  32B  added,  1933,  283  §  3  (authorizing  the  taking  of  easements 
of  slope,  so  called,  by  county,  city  or  town  officers  in  connection  with 
the  laying  out,  widening,  altering  or  relocating  of  public  ways). 

Sect.  34  amended,  1935,  309. 

Chapter  84.  —  Repair  of  Ways  and  Bridges. 

Sect.  18  revised,  1933,  114  §  1. 

Sect.  19  apiended,  1933,  114  §  2. 

Sect.  20  revised,  1933,  114  §  3. 

Sect.  25.     Temporarily  affected,  1934,  163. 


688  Changes  in  the  [Chaps.  85-90. 


Chapter    85.  —  Regulations   and    By-Laws   relative    to   Ways   and    Bridges. 

Sect.  17B  added,  1933,  43  (prohibiting  riding  upon  the  rear  or  on 
the  side  of  street  railway  cars  or  motor  buses  without  the  consent  of 
the  persons  in  charge  thereof). 

Sect.  30  amended,  1935,  30. 

Chapter  89.  —  Law  of  the  Road. 

Sect.  2  revised,  1933,  301. 
Sect.  5  amended,  1936,  49. 

Sect.  7B  added,  1934,  382  (relative  to  the  application  of  traffic  laws 
and  regulations  to  fire  apparatus  and  other  emergency  vehicles). 

Chapter  90.  —  Motor  Vehicles  and  Aircraft. 

Sect.  1,  paragraph  (defining  "motor  vehicles")  amended,  1932,  182; 
paragraph  in  lines  41-45  (defining  "register  number")  revised,  1935, 
43;  two  paragraphs  (defining  "semi-trailer"  and  "semi-trailer  unit") 
added,  1933,  332  §  1;  paragraph  (defining  "school  bus")  added,  1932, 
271  §  1;  paragraph  in  lines  52-56  stricken  out,  and  two  paragraphs 
(defining  "tractor"  and  "trailer")  inserted,  1933,  332  §  2.  (See  1932, 
271  §  7;   1933,  332  §  5.) 

Sect.  1A  amended,  1933,  372  §  3;   1934,  264  §  2. 

Sect.  2,  fourth  paragraph  revised,  1932,  5;  last  paragraph  revised, 
1933,  54. 

Sect.  3,  first  sentence  revised,  1933,  188. 

Sect.  3C  revised,  1937,  387. 

Sect.  7  amended,  1932,  123  §  1;  1933,  51;  second  sentence  amended, 
1933,  109.    (See  1932,  123  §  2.) 

Sect.  7A  revised,  1932,  41,  271  §  2.    (See  1932,  271  §  7.) 

Sect.  7B  added,  1932,  271  §  3  (prerequisites  to  operation  of  school 
bus).    (See  1932,  271  §  7.) 

Sect.  8  amended,  1934,  103;  1937,  284. 

Sect.  9  amended,  1934,  361. 

Sect.  9A  revised,  1932,  168  §  1;  1935,  393  §  1.  (See  1932,  168 
§§2,3;   1935,393  §2.) 

Sect.  10  amended,  1935,  219. 

Sect.  15  amended,  1932,  271  §  5;   1933,  26  §  1.    (See  1932,  271  §  7.) 

Sect.  17,  sentence  added  at  end,  1932,  271  §  4.    (See  1932,  271  §  7.) 

Sect.  19,  last  sentence  revised,  1933,  332  §  3;  1935,  223  §  1;  section 
revised,  1935,  326  (but  see  1935,  465);  amended,  1936,  388  §  1.  (See 
1933,  332  §  5;   1935,  223  §  2;   1936,  388  §  2.) 

Sect.  20A  added,  1934,  368  §  1  (providing  for  the  non-criminal  dis- 
position of  charges  for  violation  of  motor  vehicle  parking  rules,  regula- 
tions, orders,  ordinances  and  by-laws) ;  revised,  1935,  176.  (See  1934, 
368  §  2.) 

Sect.  21  amended,  1936,  406. 

Sect.  22,  two  paragraphs  added  at  end,  1933,  191. 

Sect.  22A  added,  1932,  304  §  1  (requiring  the  suspension  of  licenses 
to  operate  motor  vehicles  issued  to  persons  who  do  not  satisfy  judg- 
ments in  motor  vehicle  accident  cases  involving  property  damage). 
(See  1932,  304  §  2.) 


Chaps.  91, 92.]  GENERAL   LaWS.  689 

Sect.  23,  new  paragraph  added  at  end,  1933,  69. 

Sect.  24  amended,  1932,  26  §  1;  first  sentence  amended,  1936,  182 
§  1;  sentence  contained  in  lines  65-97  amended,  1935,  360;  paragraph 
added  at  end,  1936,  182  §  2;  section  revised,  1936,  434  §  1:  paragraph 
(2)  (a)  amended,  1937,  230  §  1;  paragraph  (2)  (c)  amended,  1937,  117. 
(See  1937,  230  §  2.) 

Sect.  29,  last  sentence  amended,  1932,  26  §  2;  section  amended, 
1935,  477  §  1;   second  sentence  revised,  1936,  391. 

Sect.  32B  repealed,  1934,  209  §  2.     (See  1934.  209  §  3.) 

Sects.  32C-32F  added,  1934,  209  §  1  (further  regulating  the  business 
of  leasing  motor  vehicles  upon  a  mileage  basis).     (See  1934,  209  §  3.) 

Sect.  33,  first  four  paragraphs  stricken  out,  and  five  new  paragraphs 
inserted,  1932,  249  §  1;  fourth  paragraph  (as  appearing  in  1932.  249  §  1) 
amended,  1933,  183  §  1;  paragraph  in  lines  21-41  amended,  1932,  180 
§  12;  same  paragraph  stricken  out,  and  two  paragraphs  inserted,  1933, 
332  §  4;  two  paragraphs  so  inserted  stricken  out,  and  new  paragraph 
inserted,  1935,  409  §  1 ;  the  paragraph  so  inserted  amended,  1936,  380 
§  1;  subdivisions  (2)  and  (3)  of  the  paragraph  so  inserted  revised, 
1937,  377;  last  paragraph  amended,  1936,  401.  (See  1932,  249  §  2; 
1933,  183  §  2,  332  §  5;   1935,  409  §  2;   1936,  380  §  2.) 

Sect.  34,  four  words  stricken  out,  1933,  197  §  3;  first  paragraph 
amended,  1934,  364  §  1.     (See  1934,  364  §  3.) 

Sect.  34A,  new  paragraph  (defining  "guest  occupant")  added,  1935, 
459  §  1;  paragraphs  defining  "motor  vehicle  liability  bond"  and 
"motor  vehicle  liability  policy"  revised,  1935,  459  §  2.  (See  1935, 
459  §  5.) 

Sect.  34B,  second  paragraph  revised,  1933,  83  §  1;  1935,  302;  fourth 
paragraph  revised,  1933,  83  §  2.     (See  1933,  83  §  3.) 

Sect.  34C  amended,  1932,  180  §  13. 

Sect.  34D  revised,  1935,  459  §  3.     (See  1935,  459  §  5.) 

Sect.  34H,  first  paragraph  amended,  1933,  119  §  4;  new  paragraph 
inserted,  1933,  119  §  5.     (See  1933,  119  §  6.) 

Sects.  35-60  stricken  out,  and  new  sections  35-50  (uniform  aero- 
nautical code)  inserted,  1935,  418  §  2. 

Sect.  53,  last  sentence  amended,  1932,  180  §  14.  Section  stricken 
out  and  new  section  inserted,  1935,  418  §  2. 

Chapter  91.  —  Waterways. 

Sect.  27,  paragraph  added  at  end,  1937,  372  §  2. 
Sect.  46A  added,  1935,  362  §  1  (penalizing  the  unlicensed  breaking 
up  or  altering  of  vessels,  scows,  lighters  or  certain  other  structures). 
Sect.  49  revised,  1935,  362  §  2. 

Chapter  92.  —  Metropolitan  Sewers,  Water  and  Parks. 

For  legislation  including  a  certain  portion  of  Lexington  in  the  north 
metropolitan  sewerage  system,  see  1934,  225. 

Sect.  48  amended,  1934,  266  §  1.     (See  1934,  266  §  4.) 

Sect.  56  revised,  1933,  197  §  1. 

Sect.  57  amended,  1933,  197  §  2. 

Sect.  60A  added,  1937,  352  §  1  (regulating  the  making  and  award- 
ing of  certain  contracts  by  the  metropolitan  district  commission  and 
metropoUtan  district  water  supply  commission).     (See  1937,  352  §  2.) 


690  Changes  in  the  [Chaps.  93, 94. 

Sect.  62A  added,  1937,  416  §  1  (providing  for  a  reserve  police  force 
for  the  metropolitan  district  commission).     (See  1937,  416  §  5.) 
Sect.  63  repealed,  1937,  416  §  2.     (See  1937,  416  §  5.) 
Sect.  93  amended,  1934,  266  §  2.     (See  1934,  266  §  4.) 
Sect.  94  amended,  1934,  266  §  3.     (See  1934,  266  §  4.) 

Chapter  93. — Regulation  of  Trade  and  Certain  Enterprises. 

Sects.  14A-14D  added,  under  heading  "fair  trade",  1937,  398 
(protecting  trade-mark  owners,  distributors  and  the  public  against  in- 
jurious and  uneconomic  practices  in  the  distribution  of  articles  of 
standard  quality  under  a  trade  mark,  brand  or  name). 

Chapter  94.  —  Inspection  and  Sale  of  Food,   Drugs  and  Various  Articles. 

Sect.  1,  paragraph  in  lines  128-132  (defining  "pasteurized  milk") 
revised,  1932,  158;  section  amended  in  part,  1933,  67  §§  1-5;  para- 
graph (defining  "milk  plant"  and  "manufactory")  added,  1933, 
338  §  1;  paragraph  in  lines  30-36  (defining  "butter"  and  "cheese") 
stricken  out  and  new  paragraph  defining  "butter"  inserted,  1937,  335 
§  1;  paragraph  in  line  40  reading,  "cheese",  see  "butter",  stricken 
out  and  four  new  paragraphs  inserted,  1937,  335  §  2  (defining  cheese 
and  cream  cheese);  paragraph  (defining  "bakery")  amended,  1937, 
362  §  1.    (See  1937,  362  §  7.) 

Sect.  6  amended,  1937,  362  §  2.     (See  1937,  362  §  7.) 

Sect.  8  revised,  1937,  53. 

Sects.  9A-9M  added,  1937,  362  §  3  (changing  the  position  in  the 
General  Laws  of  certain  provisions  of  law  relative  to  bakeries).  (For 
prior  legislation,  see  G.  L.  chap.  111  §§  34-43,  46-49,  repealed  by 
1937,  362  §  6.)     (See  1937,  362  §§  6,  7.) 

Sect.  10  amended,  1937,  362  §  4.     (See  1937,  362  §  7.) 

Sects.  lOA-lOE  stricken  out,  and  new  sections  lOA-lOG  (regu- 
lating the  manufacture,  bottling  and  sale  of  certain  non-alcoholic 
beverages)  inserted,  1935,  441. 

Sects.  12-48A.  For  temporary  legislation  establishing  within  the 
department  of  agriculture  a  milk  control  board,  and  defining  its  powers 
and  duties,  see  1934,  376;  term  of  office  of  said  board  extended,  1936, 
300;  powers  and  duties  of  the  milk  control  board  further  defined, 
1937,  428. 

Sects.  13,  14,  14A  and  15  stricken  out,  and  new  sections  13-13E 
(relative  to  the  grading  of  milk)  inserted,  1933,  263  §  1.  (See  1933, 
263  §  3.) 

Sect.  16  stricken  out  and  sections  16-161  (regulating  the  produc- 
tion, sale  and  distribution  of  milk)  inserted,  1932,  305  §  3,  (See  1932, 
305,  §§  5,  6.) 

Sect.  17A  amended,  1933,  124. 

Sect.  18  revised,  1933,  263  §  2.     (See  1933,  263  §  3.) 

Sect.  29A  revised,  1933,  253. 

Sect.  30  revised,  1933,  253. 

Sect.  31  revised,  1933,  253. 

Sect.  42A  stricken  out,  and  new  sections  42A-42K  (requiring  dealers 
in  milk  or  cream  to  be  licensed  and  bonded)  inserted,  1933,  338  §  2. 

Sect.  42A  amended,  1935,  126. 

Sect.  42F  revised,  1934,  180  §  1. 


Chap.  94.]  GENERAL   LawS.  691 

Sect.  42H,  paragraph  2  revised,  1934,  180  §  2. 

Sect.  43  revised,  1932,  305  §  4;  amended,  1935,  88;  first  paragraph 
amended,  1936,  210.    (See  1932,  305  §§  5,  6.) 

Sect.  45  revised,  1935,  317. 

Sect.  48B  added,  1935,  259  (requiring  institutions  supported  wholly 
or  in  part  by  funds  of  the  commonwealth  to  use  milk,  other  than 
cream  and  certified  milk,  produced  within  the  commonwealth). 

Sect.  50  amended,  1937,  335  §  3. 

Sect.  60  revised,  1934,  373  §  2. 

Sect.  61A  added,  1937,  335  §  4  (relative  to  the  manufacture  and 
sale  of  certain  cheese). 

Sects.  64,  64A,  65,  65A,  65B,  65E  and  65F,  and  the  caption  of  said 
section  64,  stricken  out,  and  sections  65G-65S  inserted,  under  caption 
"frozen  desserts  and  ice  cream  mix",  1934,  373  §  1.  (See  1934,  373 
§8.) 

Sect.  65 J,  second  paragraph  revised,  1937,  341  §  1. 

Sect.  65L,  subdivision  (c)  amended,  1937,  341  §  2. 

Sect.  65P,  paragraph  (/)  added  at  end,  1937,  341  §  3. 

Sect.  74  revised,  1933,  329  §  5. 

Sect.  74A  added,  1933,  329  §  6  (definition  of  "fish"). 

Sects.  75  and  76  repealed,  1933,  329  §  7. 

Sect.  77,  first  sentence  stricken  out,  1933,  329  §  8. 

Sect.  77A  added,  1934,  216  (regulating  the  importation  of  fresh 
swordfish). 

Sect.  78  revised,  1933,  329  §  9. 

Sect.  78A  added,  1933,  329  §  10  (prohibiting  certain  misrepresen- 
tations in  the  sale  of  lobsters). 

Sect.  79  repealed,  1933,  329  §  7. 

Sect.  81  revised,  1933,  329  §  11. 

Sect.  83  revised,  1933,  329  §  12. 

Sect.  88A  revised,  1933,  329  §  13. 

Sect.  88B  added,  1936,  176  (requiring  that  shucked  scallops  and 
quahaugs  in  the  shell  be  sold  only  by  weight). 

Sect.  90A  added,  1935,  369  (relative  to  the  sale  and  distribution  of 
eggs). 

Sect.  92B  added,  under  caption  "meats  and  poultry",  1935,  97 
(requiring  the  retail  sale  of  meats  and  poultry  to  be  by  weight). 

Sect.  123  amended,  1932,  180  §  15. 

Sect.  146,  first  paragraph  amended,  1934,  340  §  6.  (See  1934,  340 
§18.) 

Sect.  148,  second  paragraph  amended,  1934,  340  §  6A.  (See  1934, 
340  §  18.) 

Sects.  152A-152C  added,  1934,  296  (relative  to  the  sale  and  trans- 
portation of  poultry). 

Sect.  152A  amended,  1935,  157  §  1. 

Sect.  152B  revised,  1935,  157  §  2. 

Sect.  153A  added,  1933,  116  (relative  to  the  sale  of  meat  and  meat 
products  containing  certain  preservatives);    revised,  1933,  311. 
Sect.  185A  repealed,  1937,  341  §  4. 

Sect.  197,  paragraph  in  lines  10-15  revised,  1935,  412  §  1. 
Sect.  198  amended,  1935,  412  §  2. 

Sects.  198A  and  198B  added,  1935,  412  §  3  (relative  to  the  licensing 
of  certain  dealings  in  narcotic  drugs). 


692  Changes  in  the  [Chap.  98. 

Sect.  201  amended,  1935,  412  §  4. 

Sect.  203  amended,  1935,  412  §  5. 

Sect.  206  amended,  1935,  412  §  6. 

Sect.  211  amended,  1935,  412  §  7. 

Sect.  214  amended,  1935,  412  §  8. 

Sect.  215  amended,  1935,  412  §  9. 

Sect.  217  amended,  1935,  412  §  10. 

Sect.  245  revised,  1933,  94  §  2. 

Sect.  248  amended,  1934,  184. 

Sect.  249G  added,  under  caption  "material  for  road  construc- 
tion", 1933,  94  §  1  (authorizing  certain  officers  to  direct  the  weighing 
of  material  for  road  construction). 

Sect.  250  revised,  1933,  67  §  6. 

Sect.  252  amended,  1933,  67  §  7. 

Sect.  254  amended,  1933,  67  §  8. 

Sect.  255  amended,  1933,  67  §  9. 

Sect.  256  revised,  1933,  67  §  10. 

Sect.  257  revised,  1933,  67  §  11. 

Sect.  258  revised,  1933,  67  §  12. 

Sects.  261H-261L  stricken  out,  and  new  sections  261H-261L  in- 
serted, 1937,  288  §  1.    (See  1937,  288  §  2.) 

Sect.  270,  paragraph  added  at  end,  1937,  176. 

Sects.  270A  and  270B  added,  1935,  439  (providing  for  the  steriliza- 
tion of  feathers,  down  and  second-hand  material  intended  for  use  in 
the  manufacture  of  any  article  of  bedding  or  of  upholstered  furniture). 

Sect.  295A  added,  under  heading  "petroleum  products",  1933, 
228  (relative  to  prevention  of  fraud  and  misrepresentation  in  the  sale 
of  gasoline,  lubricating  oils  and  other  motor  fuels,  and  to  prevention 
of  the  adulteration  thereof). 

Sect.  298  amended,  1934,  109  §  1. 

Sect.  299  amended,  1934,  109  §  2. 

Sects.  303A-303E  added,  under  caption  "methyl  or  wood  alco- 
hol", 1934,  372  §  3  (relative  to  such  alcohol  and  to  certain  preparations 
containing  such  alcohol). 

Sect.  303A  amended,  1935,  342;   1936,  53. 

Sect.  303B  amended,  1937,  177  §  1. 
,  Sect.  303C  revised,  1937,  177  §  2. 

Sect.  303F  added,  under  caption  "fuel  oils",  1935,  95  (regulating 
the  sale  of  fuel  oils). 

Sect.  305A  amended,  1937,  362  §  5.    (See  1937,  362  §  7.) 

Chapter  98.  —  Weights  and   Measures. 

Sect.  14A  amended,  1936,  73. 

Sect.  20  amended,  1934,  373  §  3. 

Sect.  21  amended,  1934,  373  §  4. 

Sect.  30  repealed,  1935,  60  §  2. 

Sect.  32  amended,  1935,  60  §  3. 

Sect.  37  amended,  1936,  72. 

Sect.  56,  paragraph  (63^)  added,  1934,  98  (establishing  fees  for  seal- 
ing certain  liquid-measuring  meters);  section  revised,  1937,  74;  para- 
graph (63^)  added,  1937,  305  §  1.    (See  1937,  305  §  2.) 


Chaps.  100  llOA.l  GENERAL  LawS.  693 


Chapter   100.  —  Auctioneers. 

Sect.  1,  paragraph  added  at  end,  1936,  209  §  1. 

Sect.  5  amended,  1932,  156  §  1. 

Sect.  14  revised,  1932,  156  §  2. 

Sect.  16  revised,  1932,  156  §  3. 

Sects.  18-21  added,  1936,  209  §  2  (relative  to  bankruptcy  auctions 
and  other  auctions  of  similar  type  and  relative  to  certain  fraudulent 
practices  at  auctions). 

Chapter   101.  —  Transient  Vendors,  Hawkers  and  Pedlers. 

Sect.  1,  second  paragraph  revised,  1936,  218. 

Sect.  5  amended,  1933.  254  §  64.     (See  1933,  254  §  66.) 

Sect.  15  amended,  1937,  214;  revised,  1937,  333. 

Sect.  16  revised,  1935,  42;  amended,  1937,  130. 

Sect.  19  amended,  1934,  114;   1937,  73. 

Sect.  24  amended,  1936,  74. 

Sect.  30  amended,  1934,  77. 

Chapter  102.  —  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Sect.  15  revised,  1932,  232  §  1. 

Sect.  15A  added,  1932,  232  §  2  (penalty  for  improper  operation  of 
motor  and  other  boats). 
Sect.  17  revised,  1932,  57. 

Chapter  105.  —  Public  Warehouses. 

Sect.  1  amended,  1935,  310  §  1. 

Sects.  2A  and  2B  added,  1935,  122  §  1  (relative  to  the  termination 
of  liability  of  sureties  on  bonds  furnished  by  public  warehousemen). 
(See  1935,  122  §  3.) 

Sect.  6  revised,  1935,  122  §  2.     (See  1935,  122  §  3.) 

Sect.  9,  clause  (h)  revised,  1935,  310  §  2. 

Chapter  108A.  —  Partnerships. 

Sect.  34,  first  paragraph  amended,  1932,  180  §  16. 

Chapter  110.  —  Labels,  Trade  Marks,  Names  and  Registration  Thereof. 

Sect.  21  amended,  1934,  373  §  5. 

Chapter  llOA.  —  Promotion  and  Sale  of  Securities. 

Chapter  stricken  out  and  new  chapter  inserted,  1932,  290  §  1.  (See  1932, 
290  §§3,4.) 

The  following  references  are  to  the  new  chapter  llOA: 

Sect.  2.  paragraph  (c)  amended,  1936,  316. 
Sect.  13  amended,  1936,  68. 


694  Changes  in  the  [Chaps,  in,  112. 


Chapter  111. —  Public  Health. 

Sect.  11  revised,  1934,  328  §  1. 

Sect.  15  amended,  1934,  340  §  7.     (See  1934,  340  §  18.) 

Sect.  16  amended,  1934,  340  §  8.     (See  1934,  340  §  18.) 

Sect.  17  amended,  1937,  340. 

Sect.  24  amended,  1937,  365. 

Sect.  27A  revised,  1932,  209. 

Sect.  31  amended,  1937,  285. 

Sect.  31A  stricken  out,  and  new  sections  31A  and  31B  inserted, 
1937,  282. 

Sects.  34-43  and  46-49,  and  the  caption  preceding  section  34, 
repealed,  1937,  362  §  6.     (See  1937,  362  §§  1-5,  7.) 

Sect.  65A  amended,  1936,  346  §  1.     (See  1936,  346  §  2.) 

Sect.  66  amended,  1934,  219.     (See  1936,  346  §  2.) 

Sect.  66A  added,  1937,  392  (permitting  the  admission  to  state  sana- 
toria and  county  tuberculosis  hospitals,  for  purposes  of  diagnosis  and 
observation,  of  certain  patients  with  diseases  of  the  lungs  other  than 
recognizable  tuberculosis). 

Sects.  67A-67D  added,  under  caption  "care  of  certain  infants 
prematurely  born",  1937,  332. 

Sect.  69A  amended,  1936,  337  §  1. 

Sect.  69C  amended,  1936,  337  §  2. 

Sects.  78-90  affected  (as  to  district  of  Chelsea,  Revere  and  Win- 
throp),  1934,  78. 

Sect.  78.     See  1935,  52. 

Sect.  79  revised,  1936,  343. 

Sect.  83 A  added,  1933,  318  §  6  (relative  to  the  indemnification  or 
protection  of  officers  and  employees  of  tuberculosis  hospital  districts 
in  connection  with  actions  for  personal  injuries  arising  out  of  the 
operation  of  vehicles  owned  by  such  districts);  amended,  1934,  291 
§  5.     (See  1933,  318  §  9;   1934,  291  §  6.) 

Sect.  85A  revised,  1932,  65. 

Sect.  109A  added,  1936,  115  (relative  to  the  treatment  of  infants' 
eyes  at  time  of  birth). 

Sect.  110,  second  sentence  amended,  1932,  180  §  17. 

Sect.  116A  added,  under  caption  "chronic  rheumatism",  1937,  393 
(providing  for  the  hospitalization  of  patients  with  chronic  rheumatism). 

Sect.  117  revised,  1935,  155;   1937,  391. 

Sect.  118  amended,  1933,  44. 

Sect.  127  revised,  1937,  339. 

Sect.  141  revised,  1937,  278. 

Sect.  143  revised,  1933,  269  §  2. 

Sect.  154  amended,  1934,  340  §  9.     (See  1934,  340  §  18.) 

Chapter  112.  —  Registration  of  Certain  Professions  and  Occupations. 

Sect.  2,  second  sentence  revised,  1933,  171  §  1,  1936,  247  §  1;  three 
paragraphs  added  at  end  of  section,  1936,  247  §  2.  (See  1933,  171 
§2;   1936,  247  §§3-6.) 

Sect.  5  revised,  1937,  425  §  12.    (See  1937,  425  §  15.) 

Sect.  9  revised,  1933,  152. 


Chaps.  112.]  GENERAL  LaWS.  695 

Sect.  13  amended,  1937,  425  §  2.     (See  1937,  425  §  15.) 

Sect.  14  amended,  1937,  425  §  3.     (See  1937,  425  §  15.) 

Sect.  15  amended,  1937,  425  §  4.     (See  1937,  425  §  15.) 

Sect.  16  revised,  1937,  425  §  5.     (See  1937,  425  §  15.) 

Sect.  17  revised,  1937,  425  §  6.     (See  1937,  425  §  15.) 

Sect.  17A  added,  1937,  425  §  7  (defining  certain  duties  of  the  board 
of  registration  in  chiropody  (podiatry).     (See  1937,  425  §  15.) 

Sect.  18  amended,  1937,  425  §  8.    (See  1937,  425  §  15.) 

Sect.  19  amended,  1937,  425  §  9.     (See  1937,  425  §  15.) 

Sect.  20  amended,  1937,  425  §  10.     (See  1937,  425  §  15.) 

Sect.  21  amended,  1937,  425  §  11.     (See  1937,  425  §  15.) 

Sect.  23  repealed,  1937,  425  §  13.    (See  1937,  425  §  15.) 

Sect.  24  amended,  1932,  227;  1933,  126;  1937,  343  §  1. 

Sect.  27  revised,  1934,  328  §  2;  amended,  1937,  343  §  2. 

Sect.  30  amended,  1937,  343  §  3. 

Sect.  32  amended,  1934,  328  §  3. 

Sect.  34  amended,  1934,  328  §  4. 

Sect.  35  amended,  1934,  328  §  5;  1935,  306;  1937,  343  §  4. 

Sect.  36  revised,  1934,  328  §  6. 

Sect.  38  revised,  1934,  236. 

Sect.  40  amended,  1934,  328  §  6A;  1937,  343  §  5. 

Sect.  42A  added,  1937,  343  §  6  (relative  to  the  retail  drug  business 
and  pharmacy). 

Sect.  45,  second  sentence  amended,  1932,  180  §  18. 

Sect.  46,  clause  Third  amended,  1934,  108. 

Sect.  50  amended,  1935,  344. 

Sects.  52A  and  52B  added,  1934,  281  (relative  to  methods  and  prac- 
tices of  dentists  and  dental  hvgienists). 

Sect.  52A  revised,  1937,  253. 

Sect.  55  amended,  1937,  66. 

Sects,  66-73  stricken  out,  and  new  sections  66-73  inserted,  1934, 
339  §  2. 

Sect,  73A  added,  1937,  287  §  1  (regulating  advertising  in  connection 
with  the  sale  of  eyeglasses,  lenses  or  eyeglass  frames).  (See  1937,  287 
§2.) 

Sects.  82-87,  and  caption  before  said  section  82,  stricken  out,  and 
new  sections  82-87  inserted,  under  caption  "registration  of  em- 
balmers  and  funeral  directors",  1936,  407  §  3.  (See  1936,  407, 
§§  5-8.) 

Sect.  87  amended,  1937,  13. 

Sects.  87F-87S.     See  1937,  184. 

Sect.  87F,  paragraph  contained  in  Hues  4-9  revised,  1934,  260  §  1, 

Sect,  87H,  four  sentences  added  at  end,  1934,  260  §  2;  section 
amended,  1936,  314  §  1;   second  paragraph  amended,  1937,  94, 

Sect,  871  amended,  1936,  314  §  2, 

Sect,  87K,  paragraph  added  at  end,  1936,  314  §  3, 

Sect.  87M  amended,  1936,  314  §  4. 

Sect.  870  amended,  1933,  149  §  2.     (See  1933,  149  §  3.) 

Sect.  87P  amended,  1934,  260  §  3. 

Sect.  87R  amended,  1936,  314  §  5. 

Sects.  87T-87JJ  added,  under  caption  "registration  of  hair 
dressers",  1935,  428  §  2.     (See  1935,  428  §§  6,  7.) 


696  Changes  in  the  [Chaps.  114-117. 

Sect.  87U  amended,  1937,  385  §  2. 
Sect.  87V  amended,  1937,  385  §  3. 
Sect  87W  amended,  1937,  385  §  4. 
Sect.  87Z  amended,  1937,  385  §  5. 
Sect.  87BB  amended,  1937,  385  §  6. 
Sect.  87EE  revised,  1937,  385  §  7. 
Sect.  87II  amended,  1937,  385  §  8. 

Chapter  114.  —  Cemeteries  and  Burials. 

Sect.  1  amended,  1936,  319  §  1.     (See  1936,  319  §  7.) 
Sect.  6  amended,  1936,  319  §  2.     (See  1936,  319  §  7.) 
Sect.  7  revised,  1936,  319  §  3.     (See  1936,  319  §  7.) 
Sect.  8  revised,  1936,  319  §  4.     (See  1936,  319  §  7.) 
Sect.  9  amended,  1936,  319  §  5.     (See  1936,  319  §  7.) 
Sect.  25  amended,  1934,  85  §  1.     (See  1934,  85  §  2.) 
Sects.  43A-43N  added,  under  caption  "miscellaneous  provisions", 
1936,  319  §  6  (relative  to  the  ownership,  maintenance  and  operation  of 
cemeteries  and  crematories  and  to  the  disposal  of  dead  human  bodies). 
(See  1936,  319  §  7.) 
Sect.  49  revised,  1936,  407  §  4.     (See  1936,  407  §§  5-8.) 

Chapter  115.  —  State  and  Military  Aid,  Soldiers'  Relief,  etc. 

Sect.  2A  added,  1932,  113  (requiring  the  furnishing  of  information 
to  the  commissioner  of  state  aid  and  pensions  by  certain  banks  and 
other  depositories  relative  to  certain  deposits  therein). 

Sect.  7  amended,  1937,  273  §  1. 

Sect.  12A  added,  1933,  363  (making  certain  Massachusetts  veterans 
receiving  hospital  treatment  outside  the  commonwealth  eligible  to 
receive  miHtary  aid). 

Sect.  15  amended,  1932,  106. 

Sect.  17,  first  paragraph  amended,  1936,  77;  paragraph  added, 
1932,   63. 

Sect.  18,  sentence  added  at  end  of  first  paragraph,  1933,  323;  para- 
graph added  at  end,  1932,  270. 

Sect.  19  amended,  1932,  250;  1934,  336  §  1;  1937,  273  §  2. 

Sect.  20  amended,  1932,  251;   1934,  336  §  2. 

Chapter  116.  —  Settlement. 

Sect.  2  revised,  1933,  213. 

Chapter  117.  —  Support  by  Cities  and  Towns. 

Sect.  1  amended,  1934,  124. 

Sect.  2A  added,  1933,  181  (authorizing  local  boards  of  public  wel- 
fare to  aid  needy  persons  in  the  cultivation  of  vegetable  gardens). 

Sect.  3A  added,  1937,  277  (protecting  needy  persons  from  the  pub- 
lic view  while  applying  for  public  relief  and  support). 

Sect.  5  amended,  1937,  125. 

Sect.  6  revised,  1936,  108. 

Sect.  14  revised,  1937,  113. 

Sect.  16  repealed,  1936,  328. 


Chaps.  118-121.]  GENERAL   LaWS.  697 

Sect.  18  amended,  1934,  45. 

Sect.  19,  paragraph  added  at  end,  1937,  86. 

Sect.  24  revised,  1935,  164. 

Sect.  35  amended,  1932,  180  §  19. 

Chapter  118.  —  Aid  to  Dependent  Children    (former  title,  Aid  to  Mothers 
with  Dependent   Children). 

The  following  reference  is  to  chapter  118,  as  appearing  in  the  Tercente- 
nary Edition: 

Sect.  1  revised,  1935,  494  §  2.     (See  1935,  494  §  1.) 

Chapter  stricken  out  and  new  chapter  (with  new  title)  inserted,  1936, 
413  §  1.     (See  1936,  413  §  2.) 

Chapter  118A.  —  Adequate  Assistance  to  Certain  Aged  Citizens. 

For  temporary  provisions  relative  to  old  age  assistance  taxes  and 
state  reimbursement  of  cities  and  towns  for  old  age  assistance  given 
by  them,  see  1932,  259  §§  1,  2.     (For  prior  legislation,  see  1931,  398.) 

The  following  references  are  to  chapter  118A,  as  appearing  in  the 
Tercentenary    Edition: 

Sect.  1  amended,  1933,  219;  revised,  1933,  328;  amended,  1935, 
494  §  3.     (See  1934,  374  §  3  subsection  15;   1935,  494  §  1.) 

Sect.  2 A  added,  1933,  285  (providing  for  appeals  by  persons 
aggrieved  by  failure  of  cities  and  towns  to  render  old  age  assistance). 

Sect.  3  revised,  1932,  259  §  3. 

Chapter  stricken  out  and  new  chapter  118A  inserted,  1936,  436  §  1.  (See 
1936,  436  §  4.) 

Sect.  1  amended,  1937,  440,  §  1. 

Sect.  2  revised,  1937,  440,  §  2. 

Sect.  3  revised,  1937,  440  §  3. 

Sect.  6A  added,  1937,  165  (permitting  recipients  of  old  age  assist- 
ance, so  called,  to  leave  the  commonwealth  without  suspension  of  such 
assistance) . 

Chapter  119.  —  Protection  and  Care  of  Children,  and  Proceedings  against 

Them. 

Sect.  12  revised,  1932,  180  §  20. 
Sect.  63  revised,  1932,  95  §  1. 
Sect.  65  amended,  1932,  95  §  2. 
Sect.  74  amended,  1933,  196  |  1. 
Sect.  75  amended,  1933,  196  §  2. 

Chapter  120.  —  Massachusetts  Training  Schools. 

Sect.  21,  first  sentence  amended,  1932,  180  §  21. 

Chapter  121.  —  Powers  and   Duties  of  the  Department  of  Public  Welfare, 
and  the   Massachusetts  Hospital  School. 

Sect.  8A  added,  1935,  311  §  2  (relative  to  funds  received  by  the 
director  of  the  division  of  aid  and  relief  for  the  benefit  of  persons  under 
the  care  and  supervision  of  the  department). 

Sect.  9A  added,  1934,  167  (relative  to  the  interstate  transportation 
of  poor  and  indigent  persons). 

Sect.  23  (and  caption)  amended,  1933,  364  §  2;  section  amended, 
1935,  449  §  2;  revised,  1935,  475  §  3.    (See  1933,  364  §  8.) 


698  Changes  in  the  [Chaps.  122, 123. 

Sect.  24  amended,  1933,  364  §  3.     (See  1933,  364  §  8.) 

Sect.  24A  added,  1935,  449  §  2A  (authorizing  the  acceptance  and 
use  by  the  state  board  of  housing  of  grants  of  federal  funds). 

Sect.  24B  added,  1935,  485  §  1  (authorizing  the  state  board  of 
housing  to  take  land  by  eminent  domain  in  order  to  aid  or  co-operate 
with  the  United  States  with  respect  to  federal  housing  projects). 

Sect.  25  revised,  1933,  364  §  4.     (See  1933,  364  §  8.) 

Sect.  26  amended,  1933,  364  §  5;  revised,  1935,  475  §  4;  amended, 
1936,  211  §  6.     (See  1933,  364  §  8;   1936,  211  §  7.) 

Sects.  26A-26H  added,  1933,  364  §  6  (relative  to  the  powers  and 
duties  of  the  state  board  of  housing,  and  to  limited  dividend  corpora- 
tions under  its  control.)    (See  1933,  364  §  8.) 

Sect.  26H  revised,  1935,  449  §  3. 

Sects.  26I-26BB,  under  caption  "housing  authorities",  added, 
1935,  449  §  5  (relative  to  the  establishment,  powers  and  duties,  and 
discontinuance,  of  local  housing  authorities). 

Sect.  26Q,  subsection  (c)  added,  1935,  485  §  2  (authorizing  local 
housing  authorities  to  take  land  by  eminent  domain  in  order  to  aid  or 
co-operate  with  the  United  States  with  respect  to  federal  housing 
projects). 

Sect.  27  repealed,  1933,  364  §  7. 

Sect.  42  amended,  1932,  180  §  22. 

Chapter  122.  —  State  Infirmary. 

Sects.  2B-2E  added,  1936,  295  (relative  to  Patients'  Funds  at  the 
state  infirmary  and  the  disposition  of  unclaimed  property  and  moneys 
represented  by  bank  books  belonging  to  former  patients). 

Sect.  6  amended,  1933,  345. 

Sect.  15  amended,  1936,  325. 

Sect.  18  amended,  1936,  378. 

Chapter  123.  —  Commitment  and  Care  of  the   Insane  and  Other  Mental 

Defectives. 

For  legislation  relative  to  the  establishment  of  the  Norfolk  state 
hospital  for  the  care  of  the  criminal  insane,  see  1935,  421. 

Sect.  8A  added,  1935,  301  (providing  for  co-operation  between  the 
departments  of  mental  diseases  and  public  works  relative  to  roads  at 
state  hospitals). 

Sect.  13  revised,  1936,  286. 

Sect.  19  repealed,  1935,  163. 

Sect.  25  amended,  1935,  314  §  3,  421  §  4.    (See  1935,  421  §  6.) 

Sect.  32  revised,  1933,  115. 

Sect.  39,  sentence  added  at  end,  1936,  291  §  1. 

Sect.  39 A  amended,  1936,  291  §  2. 

Sect.  39B  added,  1932,  204  (relative  to  the  disposition  of  unclaimed 
belongings  at  certain  state  hospitals,  known  as  "patients'  valuables"); 
revised,  1936,  291  §  3. 

Sect.  39C  added,  1933,  256  (relative  to  the  disposition  of  moneys 
represented  by  certain  bank  books  belonging  to  former  patients  of 
certain  state  hospitals);  revised,  1936,  291  §  4. 

Sect.  50  revised,  1935,  314,  §  4. 


Chaps.  124-127.]  GENERAL  LawS.  699 

Sect.  52  amended,  1932,  85. 

Sect.  77,  first  sentence  amended,  1935,  314  §  5. 

Sect.  78,  first  sentence  revised,  1935,  314  §  6. 

Sect.  79,  first  sentence  revised,  1935,  314  §  7. 

Sect.  86  amended,  1935,  314  §  8. 

Sect.  90,  first  sentence  amended,  1932,  180  §  23. 

Sect.  102  revised,  1934,  15. 

Sect.  105  revised,  1936,  130. 

Sect.  110  amended,  1937,  136. 

Sect.  117A  added,  1936,  32  (providing  in  certain  cases  for  the  return 
to  penal  institutions  of  prisoners  removed  therefrom  to  departments 
for  defective  deHnquents). 

Chapter  124.  —  Powers  and  Duties  of  the  Department  of  Correction. 

Sect.  6  amended,  1936,  23  §  2. 

Sect.  8  amended,  1935,  48  §  1.  (See  1935,  48  §  2.) 

Chapter  125.  —  Penal  and  Reformatory  Institutions  of  the  Commonwealth. 

Sect.  4  amended,  1932,  282  §  3. 

Sect.  10  revised,  1937,  20  §  1.     (See  1937,  20  §  2.) 

Sect.  11  amended,  1935,  437  §  1.     (See  1935,  437  §  8.) 

Sect.  13  amended,  1936,  276. 

Sect.  30  amended,  1932,  180  §  24. 

Sect.  49  revised,  1936,  125. 

Chapter  126.  —  Jails,  Houses  of  Correction  and  Reformation,  and  County 

Industrial  Farms. 

Sect.  16  revised,  1937,  219  §  6. 
Sect.  37  amended,  1936,  228. 

Chapter  127.  —  Officers  and  Inmates  of  Penal  and  Reformatory  Institutions, 

Paroles  and  Pardons. 

For  legislation  providing  for  the  disposition  of  certain  prisoners 
confined  in  the  prison  camp  and  hospital  prior  to  its  discontinuance, 
see  1935,  111. 

Sect.  10  amended,  1936,  23  §  3. 

Sect.  16,  last  sentence  stricken  out,  1933,  77  §  1. 

Sect.  17  revised,  1933,  77  §  2. 

Sect.  18  amended,  1933,  77  §  3. 

Sect.  67A  added,  1932,  252  §  1  (regulating  the  sale  of  prison  made 
goods).    (See  1932,  252  §  2.) 

Sects.  96A  and  96B  added,  1936,  383  (providing  for  the  disposition 
of  unclaimed  money  and  property  of  former  prisoners). 

Sect.  109B  added,  1935,  113  §  1  (relative  to  the  transfer  of  certain 
prisoners  from  the  Massachusetts  Reformatory  to  the  State  Prison). 
(See  1935,  113  §  2.) 

Sect.  lllA  added,  1933,  169  (relative  to  transfers  of  defective  de- 
Hnquents and  drug  addicts  from  one  institution  to  another  under  the 
department  of  correction). 

Sect.  129  revised,  1937,  399  §  2.     (See  1937,  399  §§3-6.) 

Sect.  133  revised,  1933,  134  §  1.     (See  1933,  134  §  2.) 


700  Changes  in  the  [Chaps.  128, 128A. 

Sect.  146  revised,  1932,  221  §  1. 

Sect.  151,  last  sentence  amended,  1932,  180  §  25. 

Sects.  151A-151G  added,  under  the  heading  "interstate  super- 
vision OF  PROBATIONERS  AND  PAROLEES ",  1937,  307  §  1  (providing  for 
the  entry  of  this  commonwealth  into  compacts  with  any  of  the  United 
States  for  mutual  helpfulness  in  relation  to  persons  convicted  of  crimes 
or  offences  who  are  on  probation  or  parole).     (See  1937,  307  §  2.) 

Sect.  154A  added,  1935,  225  (requiring  consideration  by  the  ad- 
visory board  of  pardons  of  the  cases  of  certain  life  prisoners  on  the 
question  of  extending  clemency). 

Chapter  128.  —  Agriculture. 

Sect.  2,  paragraph  (/)  amended,  1937,  415  §  1;  paragraph  (g)  added, 
1933  291  §  1. 
Sect.  6  amended,  1933,  291  §  2. 

Sect.  10  amended,  1934,  340  §  10.     (See  1934,  340  §  18.) 
Sect.  13  amended,  1934,  340  §  11.     (See  1934,  340  §  18.) 
Sect.  39  repealed,  1933,  74  §  2. 
Sect.  42  revised,  1932,  166. 

Chapter  128A.  —  Horse  and  Dog  Racing  Meetings. 

New  chapter  inserted,  1934,  374  §  3. 

Sect.  3,  first  paragraph  revised,  1935,  454  §  2;  clause  (/)  amended, 
1935,  454  §  3;   clause  (h)  amended,  1935,  454  §  4;    clause  (n)  added, 

1935,  239  (forbidding  the  licensed  racing  of  horses  and  dogs  under  the 
pari-mutuel  system  of  betting,  on  pubhcly  owned  premises);  clause 
(n)  added,  1935,  471  §  1  (forbidding  the  licensed  racing  of  dogs  under 
such  sj^stem,  in  certain  residential  neighborhoods) ;  designation  of  the 
clause  added  by  1935,  471  §  1  changed  from  (n)  to  (o),  1936,  405  §  3. 
(See  1935,  471  §  2.) 

Sect.  5,  first  paragraph  revised,  1935,  454  §  1 ;  second  and  third  para- 
graphs revised,  1936,  351. 

Sect.  9,  last  paragraph  revised,  1935,  454  §  5. 

Sect.  9A  added,  1935,  454  §  6  (relative  to  rules,  regulations  and  con- 
ditions to  be  prescribed  by  the  state  racing  commission) . 

Sect.  10  revised,  1936,  268. 

Sect.  13  amended,  1935,  454  §  7. 

Sect,  13A  added,  1935,  454  §  8  (relative  to  the  application  of  certain 
laws  as  to  betting  and  certain  local  requirements  as  to  race  tracks  and 
public  amusements,  in  the  case  of  racing  meetings  under  this  chapter). 
(See  1935,  471  §  2.) 

Sect.  13B  added,  1937,  322  (prohibiting  and  penaUzing  the  use  of 
drugs  for  the  purpose  of  affecting  the  speed  of  horses  at  horse  racing 
meetings). 

Sect.  14  revised,  1935,  279  §  2;   1936,  253  §  2.    (See  1935,  279  §  3; 

1936,  253  §  1.) 

Sect.  14A  added,  1935,  279  §  1  (providing  for  the  resubmission  to 
the  voters  of  the  several  counties  of  the  question  of  licensing  dog  races 
at  which  the  pari-mutuel  system  of  betting  shall  be  permitted);  re^ 
pealed,  1936,  253  §  1.    (See  1935,  279  §  3;   1936,  253  §  1.) 

Sect.  15  revised,  1936,  436  §  2.     (See  1936,  436  §  4.) 


I 


Chaps.  129-131.]  GENERAL   LaWS.  701 


Chapter  129.  —  Animal  Industry. 

Sect.  1  revised,  1934,  340  §  12;  paragraph  (defining  "Domestic 
animals")  added,  1935,  70.    (See  1934,  340  §  18.) 

Sect.  10  amended,  1934,  340  §  13.    (See  1934,  340  §  18.) 

Sect.  33  amended,  1934,  272. 

Sect.  33B  revised,  1934,  96. 

Sect.  36A  added,  1935,  426  (providing  for  the  Hcensing  of  certain 
dealers  in  bovine  animals). 

Sect.  38  revised,  1934,  340  §  14.    (See  1934,  340  §  18.) 

Chapter   129A.  —  Marine    Fish   and    Fisheries,    Inland    Fish   and    Fisheries, 
Birds  and  Mammals,   General  Provisions. 

New  chapter  inserted,  1933,  329  §  1. 

Sect.  1,  definition  of  "warden"  revised,  1937,  413  §  2.  (See  1937, 
413  §§  3,  4.) 

Chapter  130.  —  Marine  Fish  and  Fisheries,  including  Crustacea  and  Shell- 
fish (former  title,  Powers  and  Duties  of  the  Division  of  Fisheries  and 
Game.     Fisheries). 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted, 
1933,  329   §  2. 

The  following  reference  is  to  chapter  130,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  48A  added,  1933,  118  (prohibiting  the  taking  of  certain  herring 
or  alewives  from  the  waters  of  Plymouth  harbor,  Kingston  bay,  Dux- 
bury  bay  and  certain  waters  of  Plymouth  bay). 

The  following  references  are  to  the  new  chapter  130: 

Sect.  3A  added,  1935,  324  (providing  for  state  aid  to  coastal  cities 
and  towns  in  conserving  and  increasing  the  supply  of  shellfish  and  in 
exterminating  the  enemies  thereof). 

Sect.  6B  added,  1934,  115  §  1  (providing  for  the  filing  with  the 
supervisor  of  marine  fisheries  of  copies  of  rules  and  regulations  made 
by  cities  and  towns  under  the  marine  fisheries  laws,  and  for  notifying 
him  of  permits  and  licenses  issued  under  said  laws).  (See  1934,  115 
§2.) 

Sect.  23  amended,  1937,  168. 

Sect.  41A  added,  1937,  121  (prohibiting,  during  certain  months  of 
the  year,  the  taking  of  edible  crabs  from  the  waters  of  the  common- 
wealth). 

Sect.  48,  first  paragraph  amended,  1935,  110. 

Sect.  73  amended,  1935,  117. 

Sects.  77,  78,  79  revised,  1937,  246. 

Sect.  84A  added,  1934,  129  (regulating  the  disposition  of  starfish 
caught  in  or  taken  from  the  coastal  waters  of  the  commonwealth). 

Chapter  131.  —  Game  and  Inland  Fisheries  (former  title,  Powers  and  Duties 
of  the  Division  of  Fisheries  and  Game.     Game  and  Inland  Fisheries). 

Title  amended,  1933,  329  §  14. 

Sects.  1-4  repealed,  1933,  329  §  20. 

Sect.  5  amended,  1932,  272  §  1;   1933,  214  §  1;   1937,  191  §  1. 

Sect.  6  revised,  1932,  272  §  2. 


702  Changes  in  the  [Chap.  i31. 

Sect.  7  revised,  1932,  272  §  3. 

Sect.  8  revised,  1932,  272  §  4;  new  paragraph  added  (summer  three- 
day  fishing  Ueense),  1934,  156. 

Sect.  8A  added,  1933,  214  §  2  (estabUshing  special  fox  hunting 
hcenses  for  non-resident  members  and  guests  of  clubs  or  associations 
conducting  fox  hunts). 

Sect.  SB  added,  1937,  191  §  2  (authorizing  the  issuance  to  certain 
officials  of  certain  other  states  of  complimentary  certificates  entitling 
them  to  hunt  and  fish  in  this  commonwealth). 

Sects.  9-11  repealed,  1933,  329  §  20. 

Sect.  12  amended,  1932,  272  §  5;  revised,  1933,  214  §  3. 

Sect.  13  revised,  1933,  329  §  15. 

Sects.  14-24  repealed,  1933,  329  §  20. 

Sect.  24A  added,  1932,  78  (relative  to  the  establishment  in  certain 
brooks  and  streams  of  breeding  areas  for  fish). 

Sect.  25,  paragraph  added  at  end,  1934,  33. 

Sects.  27-34  repealed,  1933,  329  §  20. 

Sect.  42  repealed,  1933,  329  §  20. 

Sect.  43A  added,  1936,  294  (relative  to  fishing  in  ponds  situated 
partly  in  the  commonwealth  and  partly  in  another  state). 

Sect.  44  revised,  1933,  329  §  16. 

Sect.  45,  sentence  added  at  end,  1932,  77. 

Sect.  48  revised,  1936,  69. 

Sect.  49  amended,  1933,  329  §  17. 

Sect.  49A  added,  1937,  123  (establishing  a  close  season  for  fish  with 
respect  to  which  no  close  season  is  otherwise  established  by  law). 

Sects.  52-55  repealed,  1933,  329  §  20. 

Sect.  56  amended,  1934,  51. 

Sect.  57  amended,  1934,  149;   1936,  425  §  1;   1937,  116. 

Sect.  59  revised,  1936,  425  §  2;   1937,  269. 

Sect.  61A  added,  1933,  329  §  18  (regulating  the  taking  of  smelt  in 
great  ponds). 

Sect.  66  amended,  1934,  40. 

Sect.  68  revised,  1935,  120. 

Sect.  73A  added,  1935,  98  (authorizing  the  use  of  certain  traps  for 
the  purpose  of  catching  fish  bait  in  the  inland  waters  of  the  common- 
wealth). 

Sect.  74  revised,  1932,  272  §  6. 

Sect.  77  revised,  1933,  154. 

Sect.  83  revised,  1935,  107. 

Sect.  85  amended,  1932,  28;   1935,  13;   1937,  167. 

Sect.  86A  added,  1932,  60  (authorizing  the  director  of  fisheries  and 
game  to  suspend  or  modify  the  open  season  or  bag  limit  as  to  ruffed 
grouse  and  quail). 

Sect.  87A  added,  1933,  122  (relative  to  the  taking  or  kilhng  of  water- 
fowl and  other  migratory  birds  in  certain  cases). 

Sect.  92  amended,  1932,  52. 

Sect.  94  amended,  1934,  183;   1937,  172;  revised  1937,  316. 

Sect.  97  revised,  1934,  70;  amended,  1936,  13. 

Sect.  99  amended,  1932,  180  §  26. 

Sect.  lOOA  added,  1932,  82  (prohibiting  the  hunting  of  beavers). 

Sect.  104  revised,  1933,  192  §  1;   1937,  324. 


Chaps.  132-136.]  GENERAL   LawS.  703 

Sect.  105A  revised,  1933,  203;  repealed,  1934,  275  §  2. 

Sects.  105B  and  105C  added,  1934,  275  §  1  (regulating  the  use  of 
traps  and  other  devices  for  the  capture  of  fur-bearing  animals  and 
providing  for  local  option  thereon).    (See  1934,  275  §  4.) 

Sect.  109  revised,  1932,  264;  1933,  192  §  2;  amended,  1935,  5  §  1; 
1936,  21  §  1,  138  §  1;   1937,  89  §  1,  243  §  1. 

Sect.  112  revised,  1933,  192  §  3;  amended,  1935,  5  §  2;  1936,  21  §  2, 
138  §  2;   1937,  243  §  2. 

Sect.  114  revised,  1937,  89  §  2;  last  paragraph  amended,  1937, 
372  §  1. 

Sect.  114A  added,  1934,  275  §  3  (authorizing  the  commissioner  of 
conservation  to  temporarily  suspend,  within  certain  specified  territory, 
the  provisions  of  section  105B). 

Sect.  124  amended,  1937,  229. 

Sect.  135  revised,  1932,  81,  272  §  7. 

Sect.  137  added,  1933,  329  §  19  (relative  to  the  protection  of  salmon 
fry  in  the  Merrimack  river). 

Chapter  132.  —  Forestry. 

Sect.  1  amended,  1937,  415  §  2. 

Sect.  5  repealed,  1932,  180  §  27. 

Sect.  11  revised,  1937,  415  §  3. 

Sect.  12  amended,  1937,  415  §  4. 

Sect.  13  revised,  1935,  87;  amended,  1937,  415  §  5. 

Sect.  14  revised,  1937,  415  §  6. 

Sect.  17  amended,  1937,  415  §  6A. 

Sect.  18  amended,  1937,  415  §  6B. 

Sect.  22  amended,  1937,  415  §  7, 

Sect.  25  revised,  1937,  415  §  8. 

Sect.  26  amended,  1937,  415  §  9. 

Sect.  27  amended,  1937,  415  §  10. 

Sect.  28  amended,  1937,  415  §  11. 

Sect.  33  amended,  1935,  373;  1936,  415  §  1.  (See  1936,  415  §  3.) 

Sect.  34,  new  paragraph  added  at  end,  1935,  233. 

Sect.  36  revised,  1936,  415  §  2.  (See  1936,  415  §  3.) 

Chapter  132A.  —  State  Parks  and  Reservations  Outside  of  the  Metropolitan 

Parks  District. 

Sect.  9  amended,  1933,  75  §  4. 

Chapter  136.  —  Observance  of  the  Lord's  Day. 

Sect.  2  amended,  1933,  150  §  1;   1934,  63;  1935,  78. 

Sect.  4A  added,  1933,  150  §  2  (relative  to  the  hcensing  of  certain 
enterprises  to  be  held  on  the  Lord's  day  at  amusement  parks  and 
beach  resorts);   revised,  1933,  309  §  1.     (See  1933,  309  §  2.) 

Sect.  6,  second  and  third  paragraphs  amended,  1934,  328  §  7;  fourth 
paragraph  amended,  1932,  96,  1934,  354;  paragraph  added  at  end, 
1933,  150  §  3;  section  revised,  1934,  373  §  6;  third  paragraph  amended, 
1936,  129,   1937,  286. 

Sect.  7  amended,  1934,  328  §  8;  revised,  1934,  373  §  7. 

Sect.  8  amended,  1937,  124. 


704  Changes  in  the  [Chap.  138. 

Sect.  13  amended,  1932,  105. 

Sect.  17,  sentence  added  at  end,  1933,  150  §  4;   section  amended, 
1934,  55. 
Sect.  21  revised,  1935,  104,  169. 
Sect.  22.    See  1933,  136;   1935,  49. 

Chapter  138.  —  Alcoholic  Liquors  (Old  Title,  Intoxicating  Liquors  and  Cer- 
tain Non-Intoxicating  Beverages). 

Beer  bill,  so  called,  1933,  120  (amended  by  1933,  216;  234;  346). 
(See  also  1933,  Res.  47.) 

Act  providing  for  a  convention  to  act  upon  a  proposed  amendment 
to  the  constitution  of  the  United  States  relative  to  the  repeal  of  the 
eighteenth  amendment,  1933,  132. 

The  following  references  are  to  chapter  138,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  1,  paragraph  in  lines  4-7  amended,  1933,  97  §  1.     (See  1933, 
97  §  3,  346  §  9.) 
Sect.  2  affected,  1933,  120  §  53. 
Sect.  3  amended,  1933,  97  §  2.     (See  1933,  97  §  3,  346  §  9.) 

Chapter  stricken  out,  and  new  chapter  138  inserted,  1933,  376  §  2. 
The  following  references  are  to  the  new  chapter  138: 

Sect.  1,  new  paragraph  (definition  of  "  Alcohol ")  added,  1935,  440 
§  1;  definition  of  "Restaurant"  amended,  1936,  368  §  1;  eighth  para- 
graph (definition  of  "Club"),  revised,  1934,  385  §  1;  definition  of 
"Tavern"  amended,  1934,  121  §  1,  1935,  253  §  1. 

Sect.  2  revised,  1934,  305,  372  §  4;   1935,  440  §  2. 

Sect.  3  amended,  1935,  440  §  3. 

Sect.  4  amended,  1934,  385  §  2. 

Sect.  7  amended,  1935,  440  §  4. 

Sect.  10  amended,  1935,  440  §  5. 

Sect.  lOB  added,  1934,  370  §  11  (authorizing  the  alcoholic  beverages 
control  commission  to  remove  a  member  of  a  local  licensing  board 
under  certain  conditions). 

Sect.  11  revised,  1936,  207  §  1.    (See  1935,  281.) 

Sect.  11  A,  first  paragraph  amended,  1934,  142  §  1;  paragraph  in- 
serted, 1934,  142  §  2;  paragraph  added  at  end,  1934,  142  §  3;  section 
revised,  1934,  211  §  1;  last  paragraph  stricken  out,  1935,  440  §  6.    (See 

1934,  142  §  4,  211  §  2.) 

Sect.  12,  first  paragraph  amended,  1934,  121  §  2;  last  sentence  of 
first  paragraph  revised,  1934,  370  §  1;  second  paragraph  amended,  1934, 
121  §  2;  sentence  contained  in  lines  42-53  revised,  1934,  370  §  2;  section 
revised,  1934,  385  §  3;  first  paragraph  amended,  1935,  253  §  2;  revised, 

1935,  440  §  7;  new  paragraph  inserted  after  first  paragraph,  1935,  253 
§  3 ;  proviso  contained  in  lines  46-48  stricken  out,  1935,  253  §  4 ;  third 
paragraph  revised,  1935,  440  §  8;  next  to  last  paragraph  stricken  out, 

1935,  440  §  9;  section  revised,  1935,  468  §  1;  first  paragraph  amended, 

1936,  207  §  2,  1937,  331;  second  paragraph  revised,  1936,  368  §  2; 
paragraph  added  at  end,  1937,  264. 

Sect.  13,  last  two  sentences  stricken  out,  1934,  385  §  4;  section 
revised,  1935,  440  §  10. 

Sect.  14  amended,  1934,  370  §  3;  paragraph  added  at  end,  1935, 
440  §  11. 


Chap.  138.]  GENERAL   LawS.  705 

Sect.  15,  first  paragraph  amended,  1934,  385  §  5,  revised,  1935, 
440  §  12;  last  paragraph  revised,  1934,  370  §  4;  last  sentence  revised, 

1936,  225  §  1. 

Sect.  15A  added,  1934,  370  §  5  (relative  to  the  publication  of  appli- 
cations for  original  licenses) ;   revised,  1935,  440  §  13. 

Sect.  16  revised,  1936,  368  §  3. 

Sect.  16A  revised,  1934,  385  §  6;   1937,  424  §  1. 

Sect.  16B  revised,  1935,  440  §  14;  paragraph  added  at  end,  1937, 
291;  section  revised,  1937,  424  §  2. 

Sect.  17,  second  proviso  of  first  paragraph  amended,  1934,  385  §  7; 
first  paragraph  amended,  1935,  81;  last  paragraph  revised,  1934,  83; 
section  revised,  1935,  440  §  15;  first  paragraph  amended,  1936,  136 
and  245,  1937,  14  §  1;  second  paragraph  revised,  1936,  199;  para- 
graph added  after  the  second  paragraph,  1936,  368  §  4;  section  revised, 

1937,  424  §  3.     (See  1937,  14  §  2.) 

Sect.  18,  first  paragraph  revised,  1935,  440  §  16;  two  paragraphs 
added,   1934,  385   §  8. 

Sect.  18A  added,  under  caption  "selling  agents  of  foreign 
importers  and  manufacturers",  1934,  312;  first  paragraph  revised, 
1935,  440  §  17. 

Sect.  19,  first  paragraph  revised,  1935,  440  §  18;  second  paragraph 
amended,  1934,  385  §  9;  last  paragraph  amended,  1934,  385  §  10, 
1935,  440  §  19;  paragraph  added  at  end,  1936,  368  §  5. 

Sect.  19 A  added,  1934,  385  §  11  (relative  to  the  licensing  of  sales- 
men for  manufacturers  and  for  wholesalers  and  importers);  revised, 
1935,  440  §  20. 

Sect.  20  revised,  1934,  385  §  12;  first  paragraph  amended,  1936, 
368  §  6;  paragraph  inserted,  1936,  368  §  7. 

Sect.  20A  added,  1937,  424  §  4  (relative  to  granting  permits  to  pub- 
lic warehousemen  to  store  and  warehouse  alcoholic  beverages). 

Sect.  21  revised,  1934,  385  §  13;  first  paragraph  amended,  1935, 
440  §  21;  first  six  paragraphs  revised,  1936,  411  §  1;  next  to  the  last 
paragraph  amended,  1936,  368  §  8.     (See  1936,  411  §  2.) 

Sect.  22  revised,  1934,  385  §  14;  1935,  440  §  22;  fourth  and  fifth 
paragraphs  stricken  out  and  new  paragraph  inserted,  1937,  418. 

Sect.  22A  added,  1934,  385  §  15  (providing  for  the  granting  bj^  the 
alcoholic  beverages  control  commission  in  certain  cases  of  permits  to 
sell  alcohoHc  beverages). 

Sect.  23,  sentence  added  at  end  of  fourth  paragraph,  1934,  370  §  6; 
last  paragraph  amended,  1934,  245;  section  revised,  1934,  385  §  16; 
fifth  paragraph  amended,  1935,  253  §  5;  last  four  paragraphs  stricken 
out,  and  five  new  paragraphs  inserted,  1935,  440  §  23. 

Sect.  24,  first  sentence  amended,  1934,  232. 

Sect.  26,  first  paragraph  amended,  1935,  440,  §  24. 

Sect.  27  revised,  1934,  301  §  1;  amended,  1934,  385  §  23;  revised, 
1935,  442;  amended,  1936,  436  §  3;  revised,  1936,  438.  (See  1936, 
436  §  4.) 

Sect.  28  amended,  1934,  112. 

Sect.  29  revised,  1935,  440,  §  25. 

Sect.  30  amended,  1935,  83  §  1.     (See  1935,  83  §  2.) 

Sect.  30A  revised,  1934,  370  §  7;   1935,  440  §  26. 

Sect.  30B  amended,  1935,  440  §  27;  paragraph  added  at  end,  1936, 
368  §  9. 


706  Changes  in  the  [Chaps.  139, 140. 

Sect.  SOD  amended,  1935,  440  §  28. 

Sect.  30E,  first  paragraph  amended,  1935,  440  §  29. 

Sect.  30F  revised,  1935,  440  §  30. 

Sect.  30G  amended,  1935,  440  §  31. 

Sect.  30H  added,  1935,  440  §  32  (possession  or  transportation  of 
alcoholic  beverages  or  alcohol  under  certain  circumstances  deemed 
prima  facie  evidence  of  violation  of  law). 

Sect.  31  amended,  1935,  440  §  33;  revised,  1936,  368  §  10. 

Sect.  32  amended,  1934,  370  §  8. 

Sect.  33  revised,  1934,  370  §  9;  amended,  1935,  468  §  2;  last  sentence 
revised,  1936,  225  §  2;  section  amended,  1937,  268. 

Sect.  34  amended,  1935,  440  §  34;  revised,  1936,  171;   1937,  424  §  5. 

Sect.  34A  added,  1935,  146  (relative  to  procuring  by  false  repre- 
sentation sales  or  delivery  of  alcoholic  beverages  to  minors);  revised, 
1935,  440  §  35. 

Sect.  36  amended,  1934,  385  §  17. 

Sect.  37  revised,  1934,  385  §  18. 

Sects.  42-55  affected,  1935,  440  §  36. 

Sect.  42,  paragraph  added  at  end,  1935,  440  §  36. 

Sect.  46  amended,  1934,  370  §  10;   1935,  440  §  37. 

Sect.  56  revised,  1935,  440  §  38;   1936,  368  §  11. 

Sect.  57  revised,  1936,  368  §  12. 

Sect.  62  amended,  1935,  440  §  39. 

Sect.  63,  first  sentence  revised,  1934,  385  §  19;  section  revised,  1935, 
440  §  40;   1936,  368  §  13. 

Sect.  63A  revised,  1935,  440  §  41. 

Sect.  64  revised,  1934,  385  §  20. 

Sect.  67  amended,  1934,  385  §  21;  revised,  1935,  440  §  42. 

Sect.  70  revised,  1934,  301  §  2. 

Sects.  72-75  repealed,  1934,  372  §  1. 

Sect.  76  revised,  1934,  372  §  2;  next  to  last  sentence  revised,  1934, 
385  §  22;  section  revised,  1935,  440  §  43. 

Chapter  139.  —  Common  Nuisances. 

Sect.  14,  caption  amended,  1934,  328  §  9;  section  amended,  1934, 
328  §  10. 

Sect.  16  amended,  1934,  328  §  11. 
Sect.  16A  amended,  1934,  328  §  12. 
Sect.  17  repealed,  1934,  328  §  13. 
Sect.  19  amended,  1934,  328  §  14. 
Sect.  20  amended,  1934,  328  §  15. 

Chapter  140.  —  Licenses. 

Sect.  4  amended,  1934,  171  §  1. 

Sect.  6  amended,  1937,  424  §  6. 

Sect.  6A  added,  1937,  424  §  7  (providing  for  the  granting  of  com- 
mon victuallers'  licenses  and  licenses  to  sell  alcoholic  beverages  upon 
condition  that  licensed  premises  are  equipped  and  furnished  according 
to  plans  and  estimates  approved  in  advance). 

Sect.  8  amended,  1936,  368  §  14. 

Sect.  10  amended,  1935,  167. 


Chap.  140.]  GENERAL   LawS.  707 

Sect.  12  revised,  1932,  86;   1933,  92. 

Sects.  21E  and   21F  added,   under  caption   "organizations  dis- 
pensing   FOOD    OR    BEVERAGES    TO    MEMBERS    AND    GUESTS ",    1933,    284 

(providing  for  the  regulation  of  such  organizations). 
Sect.  21E,  last  sentence  revised,  1934,  328  §  16;  affected,  1934,  328 

§17. 
Sect.  48  repealed,  1937,  342  §  2. 
Sect.  51  amended,  1932,  275;    1935,  428  §  3;    1936,  55  §  1.     (See 

1935,  428  §§  6,  7;   1936,  55  §  2.) 
Sect.  52  amended,  1935,  428  §  4.     (See  1935,  428  §  7.) 
Sect.  59  amended,  1934,  254  §  1.     (See  1934,  254  §  2.) 
Sect.  90,  three  sentences  added  at  end,  1934,  179  §  1. 
Sect.  96,  sentence  added  at  end,  1934,  179  §  2. 
Sect.  121  amended,  1934,  359  §  1. 
Sect.  131  revised,  1936,  302. 
Sect.  131C  added,  1934,  246  (prohibiting  persons  hcensed  to  carry 

pistols  and  revolvers  from  carrying  the  same  in  vehicles  unless  said 

weapons  are  under  their  control  therein). 

Sect.  136A,  under  caption  ''dogs",  added,  1934,  320  §  1  (definitions 

of  certain  words  and  phrases  in  sections  137-175).     (See  1934,  320 

§34.) 
Sect.  137  amended,  1932,  289  §  1;    revised  (and  caption  stricken 

out)  1934,  320  §  2.     (See  1934,  320  §  34.) 

Sects.  137A-137C  added,  1934,  320  §  3  (relative  to  kennel  hcenses 

and  regulating  holders  of  such  licenses).     (See  1934,  320  §  34.) 
Sect.  137A,  paragraph  added  at  end,  1937,  95. 
Sect.  138  revised,  1934,  320  §  4.     (See  1934,  320  §  34.) 
Sect.  139  amended,  1934,  320  §  5.     (See  1934,  320  §  34.) 
Sect.  140  repealed,  1934,  320  §  6.     (See  1934,  320  §  34.) 
Sect.  141  revised,  1934,  320  §  7.     (See  1934,  320  §  34.) 
Sects.  142-144  repealed,  1934,  320  §  8.     (See  1934,  320  §  34.) 
Sect.  145  amended,  1932,  289  §  2. 
Sect.  145A  added,  1932,  289  §  3  (relative  to  the  furnishing  of  anti- 

rabic  vaccine) ;  revised,  1934,  320  §  9,  1937,  375.    (See  1934,  320  §  34.) 
Sect.  146  revised,  1934,  320  §  10.     (See  1934,  320  §  34.) 
Sect.  147  revised,  1932,  289  §  4;    1934,  320  §  11.     (See  1934,  320 

§34.) 
Sect.  148  repealed,  1932,  289  §  6.     (See  G.  L.  chapter  41  §  13A, 

inserted  by  1932,  289  §  5.) 

Sect.  150  revised,  1934,  320  §  12.  (See  1934,  320  §  34.) 
Sect.  151  revised,  1934,  320  §  13.  (See  1934,  320  §  34.) 
Sect.  151A  added,  1934,  320  §  14  (powers  and  duties  of  dog  officers 

under  annual  warrants  from  mavors  or  selectmen).     (See  1934,  320 

§  34.) 
Sect.  152  revised,  1934,  320  §  15.  (See  1934,  320  §  34.) 
Sect.  153  revised,  1934,  320  §  16.  (See  1934,  320  §  34.) 
Sect.  154  repealed,  1934,  320  §  17.  (See  1934,  320  §  34.) 
Sect.  155  revised,  1934,  320  §  18.  (See  1934,  320  §  34.) 
Sect.  156  revised,  1934,  320  §  19.  (See  1934,  320  §  34.) 
Sect.  157  revised,  1934,  320  §  20.  (See  1934,  320  §  34.) 
Sect.  158  revised,  1934,  320  §  21.  (See  1934,  320  §  34.) 
Sect.  159  revised,  1934,  320  §  22.     (See  1934,  320  §  34.) 


708  Changes  in  the  [Chaps.  141-147. 

Sect.  160  revised,  1934,  320  §  23.     (See  1934,  320  §  34.) 
Sect.  161,   first  two  sentences  amended,    1932,   289    §   7;    section 
amended,  1934,  320  §  24.     (See  1934,  320  §  34.) 

Sect.  161A  added,  1934,  320  §  25  (reimbursement  for  damages  by- 
dogs  regulated).     (See  1934,  320  §  34.) 

Sect.  162  revised,  1934,  320  §  26.     (See  1934,  320  §  34.) 
Sect.  163  amended,  1934,  320  §  27.     (See  1934,  320  §  34.) 
Sect.  164  amended,  1934,  320  §  28.     (See  1934,  320  §  34.) 
Sect.  165  revised,  1934,  320  §  29.     (See  1934,  320  §  34.) 
Sect.  166  amended,  1934,  320  §  30.     (See  1934,  320  §  34.) 
Sect.  170  amended,  1934,  320  §  31.     (See  1934,  320  §  34.) 
Sect.  171  revised,  1934,  320  §  32.     (See  1934,  320  §  34.) 
Sect.  172  revised,  1932,  289  §  8. 

Sect.  175  revised,  1932,  289  §  9;  1934,  320  §  33.  (See  1934,  320 
§34.) 

Sects.  180A-180D  added,  under  caption  "theatrical  booking 
agents,  personal  agents  and  managers",  1935,  378  (providing  for 
the  licensing  and  bonding  of  certain  theatrical  booking  agents,  per- 
sonal agents  and  managers). 

Sect.  181.     Affected  V  1935,  454  §  8. 

Sect.  183A  amended,  1935, 102  §  1;   1936,  71  §  1.    (See  1935,  102  §  2.) 

Sect.  183B  repealed,  1936,  71  §  2. 

Sect.  184  amended,  1934,  328  §  18. 

Sect.  185A  amended,  1936,  279. 

Sect.  186  amended,  1936,  169  §  1. 

Sect.  187  amended,  1936,  169  §  2. 

Sect.  202  revised,  1936,  169  §  3. 

Chapter  141.  —  Supervision  of  Electricians. 

Sect.  3,  clause  (4)  amended,  1934,  347  §  1. 

Chapter  142.  —  Supervision  of  Plumbing. 

Sect.  6  revised,  1934,  347  §  2. 
Sect.  13  amended,  1934,  284. 
Sect.  17  revised,  1936,  234. 

Chapter  145.  —  Tenement  Houses  in  Tov^rns. 

Sect.  17A  added,  1934,  168  (relative  to  the  erection  of  garages  in 
the  yards  of  certain  tenement  houses). 

Chapter  146.  —  Inspection  of  Boilers,  Air  Tanks,  etc.,  Licenses  of  Engineers, 
Firemen,  and  Operators  of  Hoisting  Machinery. 

Sect.  16  revised,  1932,  180  §  28. 
Sect.  50  amended,  1935,  67. 

Chapter  147.  —  State  and  Other  Police,  and  Certain  Powers  and  Duties  of 
the  Department  of  Public  Safety. 

Sect.  10  amended,  1934,  23. 

Sect.  16A  added,  1937,  85  §  1  (providing  for  one  day  off  in  every 
seven  days  for  police  officers  in  certain  cities  and  towns). 


Chaps.  148,  149.]  GENERAL   LaWS.  709 

Sect.  17  amended,  1937,  85  §  2. 

Sects.  25A-25C  added,  1937,  437  §  1  (relative  to  promoting  peaceful 
industrial  relations  by  regulating  certain  forms  of  private  police  and 
detective  activity  in  labor  disputes  and  related  matters). 

Sect.  26  amended,  1937,  437  §  2. 

Sect.  30  revised,  1937,  437  §  3. 

Sect.  32  revised,  1935,  262  §  1. 

Sect.  33  amended,  1935,  262  §  2. 

Sect.  35  revised,  1934,  69. 

Sect.  36  revised,  1932,  79. 

Chapter  148.  —  Fire  Prevention. 

Sect.  1,  definition  of  "local  licensing  authority"  amended,  1932, 
102. 

Sect.  lOA  added,  1932,  75  (relative  to  the  granting  of  certain  per- 
mits and  the  making  of  certain  inspections  by  municipal  officers  desig- 
nated by  the  state  fire  marshal). 

Sect.  13,  first  paragraph  amended,  1932,  22  §  1;   section  amended, 

1935,  123  §  1;  revised,  1936,  394  §  1.     (See  1932,  22  §  2;   1936,  394, 
§§  2  3.) 

Sect.  18  repealed,  1934,  182  §  2. 

Sect.  23  amended,  1935,  123  §  2. 

Sect.  27A  added,  1932,  283  (relative  to  the  protection  of  life  and 
property  from  fire  hazards  incident  to  the  present  industrial  emer- 
gency). 

Sect.  49A  added,  1934,  182  §  1  (relative  to  the  inspection  of  kerosene 
or  any  product  thereof  kept  for  sale  for  illuminating,  heating  or  cook- 
ing purposes). 

Chapter  149.  —  Labor  and  Industries. 

For  legislation  relative  to  interstate  compacts  affecting  labor  and 
industry,  see  1933,  Res.  44;    1934,  383,  Res.  25;    1935,  315  §§   1-3; 

1936,  Res.  68;  1937,  404. 

For  legislation  to  diminish  the  causes  of  labor  disputes  burdening  or 
obstructing  industry,  and  to  create  a  labor  relations  commission,  and 
for  other  purposes,  see  1937,  436. 

Sect.  1,  paragraph  defining  "discrimination"  inserted,  1937,  367  §  1; 
paragraph  defining  "mercantile  establishments"  amended,  1936,  78. 

Sect.  6  amended,  1934,  132  §  1;  1937,  249.    (See  1934,  132  §  2.) 

Sect.  11  amended,  1935,  328. 

Sect.  20A  added,  1933,  351  §  1  (relative  to  the  judicial  enforcement 
of  certain  contracts  relative  to  membership  in  labor  or  employers' 
organizations).     (See  1933,  351  §  2.) 

Sects.  20B  and  20C  added,  1935,  407  §  1  (regidating  the  liability 
of  labor  unions  and  others  involved  in  labor  disputes,  and  defining 
labor  disputes  and  other  terms  used  in  connection  therewith).  (See 
1935,  407  §  6.) 

Sect.  20C.     See  1937,  436  §  10. 

Sect.  23  amended,  1935,.  114. 

Sect.  23A  added,  1934,  233  (regulating  the  employment  of  armed 
guards  in  connection  with  strikes,  lockouts  and  other  labor  troubles). 

Sect.  24  amended,  1933,  272. 


710  Changes  in  the  [Chap.  149. 

Sects.  24A-24J  added,  under  the  caption  "discrimination  against 

CERTAIN  PERSONS  IN  EMPLOYMENT  ON  ACCOUNT  OF  AGe",   1937,  367  §  2. 

Sects.  26  and  27  stricken  out,  and  new  sections  26-27D  added, 
1935,  461  (relative  to  preference  and  minimum  wages  of  veterans  and 
others  in  certain  employments  on  certain  public  works). 

Sect.  26,  paragraph  added  at  end,  1937,  346. 

Sect.  29  amended,  1935,  217  §  2;  revised,  1935,  472  §  2. 

Sect.  30  revised,  1936,  367  §  1. 

Sect.  34  amended,  1936,  367  §  2. 

Sect.  39  revised,  1935,  444  §  1.    (See  1935,  444  §  2.) 

Sect.  48  revised,  1935,  185,  423  §  3. 

Sect.  49  amended,  1937,  221. 

Sect.  50  revised,  1933,  225;  amended,  1935,  423  §  1. 

Sect.  50A  added,  1935,  423  §  2  (making  one  day's  rest  in  seven  law 
applicable  to  watchmen  and  employees  maintaining  fires  in  certain 
establishments). 

Sect.  56  amended,  1932,  110  §  1;  revised,  1935,  200. 

Sect.  57  amended,  1932,  110  §  2. 

Sect.  59  amended,  1933,  193  §  1;  1936,  170  §  1.  (For  temporary 
act,  authorizing  the  commissioner  of  labor  and  industries  to  suspend 
certain  provisions  relative  to  the  hours  of  employment  of  women  in 
the  textile  and  leather  industries,  see  1933,  347;  time  for  suspension 
as  to  the  textile  industry  extended,  1935,  429;   1936,  154;   1937,  153.) 

Sect.  60  revised,  1935,  203. 

Sect.  62,  clause  (13)  amended,  1934,  328  §  19. 

Sect.  66  amended,  1933,  193  §  2;   1936,  170  §  2. 

Sects.  69-73.     See  1934,  114. 

Sect.  78  amended,  1934,  292  §  1. 

Sect.  84  amended,  1932,  180  §  29. 

Sect.  104  amended,  1932,  27. 

Sect.  113  revised,  1934,  255. 

Sect.  117  revised,  1935,  208. 

Sect.  135  amended,  1933,  64. 

Sects.  142A-142F  added,  under  caption  "benzol  and  mixtures 
CONTAINING  BENZOL ",  1933,  304  (regulating  the  sale,  distribution, 
storage  and  use  of  benzol  and  its  compounds). 

Sect.  142A  amended,  1935,  463  §  1. 

Sect.  142B  revised,  1935,  463  §  2. 

Sects.  143-147A,  and  the  heading  above  section  143,  stricken  out, 
and  new  sections  143-147H  inserted,  under  the  heading  "industrial 
homework",  1937,  429. 

Sect.  147A  added,  1932,  234  (requiring  the  furnishing  of  certain 
information  to  the  department  of  labor  and  industries  with  respect 
to  the  performance  of  certain  industrial  work  in  tenements  and  dwelling 
houses);   section  stricken  out  and  new  section  inserted,  1937,  429. 

Sect.  148,  last  sentence  amended,  1932,  101  §  1;    section  revised, 
1935,  350;   1936,  160. 
Sect.  150,  sentence  added  at  end,  1932,  101  §  2. 
Sect.  156  amended,  1935,  363  §  1.     (See  1935,  363  §  2.) 
Sect.  157A  added,  1933,  268  (insuring  to  piece  or  job  workers  in 
factories  and  workshops  information  relative  to  their  compensation). 
Sect.  159 A  added,  1937,  342  §  1  (to  prevent  the  misleading  of  patrons 


Chaps.  151,  151A.]  GENERAL  LawS.  711 

of  certain  places  as  to  the  beneficiaries  of  tips  given  to  hat-check  and 
cigarette  girls  and  the  like). 

Sect.  178A  added,  1932,  175  (authorizing  the  payment  of  small 
amounts  of  wages  or  salary  of  intestate  employees  to  certain  next  of 
kin  without  administration). 

Chapter  151.  —  Minimum  Fair  Wages  for  Women  and  Minors  (former  title, 

The  Minimum  Wage). 

The  following  references  are  to  chapter  151,  as  appearing  in  the 
Tercentenary    Edition : 

Sect.  8  amended,  1933,  110.    • 

Sects.  IIA-IID  added,  1933,  220  §  1  (relative  to  the  more  effective 
enforcement   of   decrees   of   the   minimum   wage   commission).      (See 

1933,  220  §  2.) 

Chapter  stricken  out,  and  new  chapter  151  inserted,  1934,  308  §  1.     (See 

1934,  308  §§  2,  3;    1935,  267.    See  also  1933,  Res.  44;    1934,  383,  Res.  25.) 
The  following  references  are  to  chapter  151,  as  inserted  by  1934,  308  §  1: 

Sect.  1  revised,  1936,  430  §  1.  (See  1936,  430  §§  18-22.) 
Sect.  2  revised,  1936,  430  §  2.  (See  1936,  430  §§  18-22.) 
Sect.  3  amended,  1936,  430  §  3.  (See  1936,  430  §§  18-22.) 
Sect.  4  revised,  1936,  430  §  4.  (See  1936,  430  §^  18-22.) 
Sect.  7  revised,  1936,  430  §  5.  (See  1936,  430  §§  18-22.) 
Sect.  10  revised,  1936,  430  §  6.  (See  1936,  430  §§  18-22.) 
Sect.  12  revised,  1936,  430  §  7.  (See  1936,  430  §§  18-22.) 
Sect.  13  amended,  1936,  175;  revised,  1936,  430  §  8.  (See  1936, 
430  §§  18-22.) 

Sect.  14  revised,  1936,  430  §  9.  (See  1936,  430  §§  18-22.) 
Sect.  15  revised,  1936,  430  §  10.  (See  1936,  430  ^§  18-22.) 
Sect.  16  amended,  1936,  430  §  11.  (See  1936,  430  §§  18-22.) 
Sect.  17  amended,  1936,  430  §  12.  (See  1936,  430  §§  18-22.) 
Sect.  20  amended,  1936,  430  §  13.  (See  1936,  430  §§  18-22.) 
Sect.  21  revised,  1936,  430  §  14.  (See  1936,  430  §§  18-22.) 
Sect.  22  revised,  1936,  430  §  15.  (See  1936,  430  §§  18-22.) 
Sect.  23  amended,  1936,  430  §  16.  (See  1936,  430  §§  18-22.) 
Sect.  24  revised,  1936,  430  §  17.  (See  1936,  430  §§  18-22.) 

Chapter  stricken  out,  and  new  chapter  151  (with  new  title)  inserted,  1937, 
401  §  1.      (See  1937,  401  §§  2,  3.) 

Chapter  151A.  —  Unemployment  Compensation. 

New  chapter  inserted,  1935,  479  §  5.  (See  1935,  479  §§  6,  7;  1936, 
12  §  3,  249  §  16.) 

The  following  references  are  to  chapter  151A,  as  inserted  by  1935,  479  §  5. 

Sect.  1,  clauses  (1)  to  (9),  inclusive,  of  paragraph  (a)  revised,  1936, 
249  §  1;  paragraph  (b)  amended,  1936,  249  §  2;  paragraph  (k)  amended, 
1936,  249  §  3;  paragraph  (m)  amended,  1936,  249  §4;  paragraph  (n) 
revised,  1936,  249  §  5. 

Sect.  3  revised,  1936,  249  §  6. 

Sect.  4  revised,  1936,  249  §  7. 

Sect.  7,  paragraph  added  at  end,  1936,  249  §  8. 

Sect.  7A  added,  1936,  249  §  9  (relative  to  refunding  of  over-pay- 
ments  or  collection  of  under-payments  of  contributions). 

Sect.  10  amended,  1936,  249  §  10. 

Sect.  12  amended,  1936,  12  §  1. 


712  Changes  in  the  [Chap.  152. 

Sect.  17,  paragraph  (a)  amended,  1936,  249  §  11. 
Sect.  18,  paragraph  (a)  amended,  1936,  249  §  12. 
Sect.  19,  paragraph  defining  "suitable  employment,"  clause  num- 
bered (2),  revised,  1936,  12  §  2. 
Sect.  20  amended,  1936,  249  §  13. 
Sect.  24,  second  paragraph  stricken  out,  1936,  249  §  14. 
Sect.  48  amended,  1936,  249  §  15. 

Chapter  stricken  out,  and  new  chapter  151A  (with  same  title)  inserted, 
1937,  421  §  1.      (See  1937,  421  §§  2-4.) 

Chapter  152.  —  Workmen's  Compensation. 

For  legislation  requiring  manufacturers  to  insure  under  the  work- 
men's compensation  act  where  employees  work  on  machinery,  see  1936, 
426. 

Sect.  1,  two  sentences  added  at  end  of  paragraph  (1),  1935,  332  §  1; 
paragraph  (4)  revised,  1935,  406. 

Sect.  9B  added,  1935,  424  (providing  for  the  reference  of  certain 
cases  under  the  workmen's  compensation  law  to  industrial  disease 
referees) . 

Sect.  11  amended,  1932,  129  §  1;  paragraph  added  at  end,  1935, 
484. 

Sect.  12,  last  paragraph  amended,  1932,  117  §  1.  (See  1932,  117 
§  2;   1935,  351.) 

Sect.  13,  sentence  added  at  end,  1933,  68. 

Sect.  15A  amended,  1934,  252. 

Sect.  19,  paragraph  in  lines  17  and  18  revised,  1935,  339. 

Sect.  19A  added,  1935,  359  (requiring  certain  notices  from  employers 
not  insured  under  the  workmen's  compensation  law). 

Sect.  20  revised,  1935,  340. 

Sect.  26  amended,  1937,  370  §  1. 

Sect.  26A  added,  1937,  370  §  2  (providing  for  payment  of  workmen's 
compensation  in  certain  cases  of  suicide). 

Sect.  27  revised,  1935,  331. 

Sect.  28  amended,  1934.  292  §  2. 

Sect.  29  revised,  1935,  372;  1937,  382. 

Sect.  30  revised,  1936,  164. 

Sect.  31;  first  paragraph  amended,  1934,  250;  paragraph  contained 
in  the  seventh  to  the  forty-fourth  lines  revised,  1937,  325. 

Sect.  32,  new  paragraph  added,  1935,  361  (relative  to  payments 
under  the  workmen's  compensation  law  to  dependents  of  deceased 
minor  employees). 

Sect.  34  revised,  1935,  332  §  2. 

Sect.  34A  added,  1935,  364  (providing  for  payments  for  total  and 
permanent  disability  under  the  workmen's  compensation  law,  and 
establishing  methods  of  determining  the  same). 

Sect.  36,  paragraph  (j)  revised,  1933,  257;  section  revised,  1935,333. 

Sect.  37  amended,  1937,  321 

Sect.  39  amended,  1937,  317. 

Sect.  54A  added,  1935,  425  (relative  to  safeguarding  and  extend- 
ing the  workmen's  compensation  law  by  making  void  certain  contracts 
or  agreements  in  the  nature  of  insurance  which  do  not  insure  the  pay- 
ment of  the  compensation  provided  for  by  said  law). 


Chaps.  153-159.]  GENERAL   LaWS.  713 

Sect.  55,  second  paragraph  revised,  1934,  137  §  1. 

Sect  65  amended,  1935,  395;   1936,  162;  1937,  394. 

Sect.  69  revised,  1933,  318  §  7;   1936,  260;  amended,  1936,  403. 

Sect.  69A  added,  1933,  315  (regulating  workmen's  compensation 
payments  by  the  commonwealth). 

Sect.  69B  added,  1936,  427  (further  regulating  workmen's  compen- 
sation pavments  by  the  commonwealth). 

Sect.  73,  first  sentence  amended,  1936,  318  §  4,  1937,  336  §  23. 

Sect.  75  revised,  1932.  19. 

Chapter  153.  —  Liability  of  Employers  to  Employees  for  Injuries  not 
resulting  in  Death. 

Sect.  6  amended,  1935,  387. 

Chapter  154.  —  Assignment  of  Wages. 

Sect.  8  added,  1933,  96  (exempting  orders  for  payment  of  labor  or 
trade  union  or  craft  dues  or  obligations  from  the  operation  of  the  laws 
regulating  assignments  of  wages). 

Chapter  155.  —  General  Provisions  relative  to  Corporations. 

Sect.  1  revised,  1935,  297  §  1.     (See  1935,  297  §  3.) 

Sect.  10  amended,  1933,  11. 

Sect.  23A  added,  1935,  297  §  2  (regulating  sales  of  stocks,  bonds 
and  other  securities  of  corporations  to  their  employees).  (See  1935, 
297  §  3.) 

Sect.  50  amended,  1933,  66. 

Chapter  156.  —  Business  Corporations. 

Sect.  12,  form  of  certificate  revised,  1932,  67. 
Sect.  30  amended,  1937,  52. 
Sect.  41  revised,  1932,  136. 
Sect.  54  amended,  1932,  180  §  30. 

Chapter  157.  —  Co-operative  Corporations. 

Sect.  16,  last  sentence  amended,  1932,  180  §  31. 

Chapter  159.  —  Common  Carriers. 

Sect.  15,  paragraph  added  at  end,  1937,  247. 

Sect.  59  revised,  1933,  326  §  1. 

Sect.  60  amended,  1933,  326  §  2. 

Sect.  61  amended,  1933,  326  §  3. 

Sect.  62  amended,  1933,  326  §  4. 

Sect.  65  amended,  1937,  270. 

Sect.  70  revised,  1934,  357  §  1. 

Sect.  80  amended,  1934,  357  §  2. 

Sect.  89  revised,  1936,  363  §  1. 

Sect.  90  revised,  1936,  363  §  2. 

Sect.  91  revised,  1936,  363  §  3. 

Sect.  92  amended,  1936,  363  §  4. 


714  Changes  in  the  [Chaps.  159A-161. 

Sect.  93  amended,  1936,  363  §  5. 
Sect.  94  amended,  1936,  363  §  6. 
Sect.  103  amended,  1933,  10. 

Chapter  159A.  —  Common  Carriers  of  Passengers  by  Motor  Vehicle. 

[Title  amended,  and  headings,  "part  i",  "carriers  of  passen- 
gers BY  MOTOR  vehicle",  inserted  before  section  1,  1933,  372  §  1.] 

[Sects.  17-30  added,  under  headings,  "part  ii",  "carriers  of 
PROPERTY  BY  MOTOR  VEHICLE",  1933,  372  §  2  (regulating  carriers  of 
property  by  motor  vehicle).] 

NOTE:—  1933,  372  repealed  by  1934,  264  §  5. 

Chapter  159B.  —  Carriers  of  Property  by  Motor  Vehicle. 

New  chapter  inserted,  1934,  264  §  1. 
Sect.  2  revised,  1936,  345  §  1. 
Sect.  6  revised,  1936,  345  §  2. 
Sect.  7  revised,  1936,  345  §  3. 
Sect.  8  affected,  1935,  24. 
Sect.  9  revised,  1936,  345  §  4. 
Sect.  10  revised,  1936,  345  §  5;   1937,  381. 

Sect.  lOA  added,  1936,  345  §  6  (prohibiting  rebates,  discrimination 
and  evasion  of  regulation  in  the  carrying  of  property  by  motor  vehicle). 
Sect.  13  amended,  1937,  122. 

Chapter  160.  —  Railroads. 

Sect.  70  amended,  1932,  238. 

Sect.  70A  revised,  1932,  236;  amended,  1934,  264  §  3. 
Sect.  104  revised,  1933,  176. 
Sect.  198A  (see  1936,  267). 

Sect.  198B  added,  1936,  267  (prohibiting  the  scalping,  so  called,  of 
tickets  issued  by  railroad  corporations). 

Chapter  161.  —  Street  Railways. 

Name  of  Metropohtan  Transit  District  changed  to  Boston  Metro- 
politan Distiict,  and  authority  to  issue  notes  and  bonds  defined,  1932, 
147. 

Temporary  act,  extending  to  January  15,  1939,  the  period  of  public 
control  and  management  of  the  Eastern  Massachusetts  Street  Railway 
Company,  1933,  108. 

Temporary  acts  relative  to  the  purchase  of  bonds  of  the  Boston 
Elevated  Railway  Company  by  the  Boston  Metropohtan  District, 
1933,  235;    1934,  334;   1935,  451;   1936,  308;  1937,  357. 

Sect.  42,  third  sentence  amended,  1934,  328  §  20. 

Sect.  44  amended,  1934,  264  §  4. 

Sect.  77  revised,  1934,  310  §  1. 

Sect.  86  revised,  1934,  310  §  2. 

Sect.  91A  added,  1935,  101  (relative  to  the  number  of  guards  on 
passenger  trains  operated  by  street  railway  companies). 


Chaps.  163-166.]  GENERAL  LawS.  715 


Chapter  163.  —  Trackless  Trolley  Companies. 

Sect.  12  added,  1932,  185  (requiring  trackless  trolley  companies  to 
furnish  security  for  civil  liability  on  account  of  personal  injuries  or 
property  damage  caused  by  their  vehicles). 

Chapter  164.  —  Manufacture  and  Sale  of  Gas  and  Electricity. 

For  legislation  authorizing  compacts  relative  to  the  interstate  trans- 
mission of  electricity  and  gas,  see  1933,  294. 

Sect.  14  amended,  1935,  222. 

Sect.  17A  added,  1932,  132  (regulating  the  lending  of  money  by  gas 
and  electric  companies). 

Sect.  33  amended,  1932,  180  §  32. 

Sect.  34  amended,  1937,  235  §  1.     (See  1937,  235  §  2.) 

Sect.  76A  added,  1935,  335  §  1  (giving  to  the  department  of  public 
utilities  supervision  over  certain  affiliates  of  gas  and  electric  com- 
panies). 

Sect.  84A  added,  1934,  202  §  1  (requiring  gas  and  electric  com- 
panies to  make  additional  annual  returns). 

Sect.  85,  second  paragraph  amended,  1935,  335  §  2. 

Sect.  85A  added,  1933,  202  §  1  (requiring  the  filing  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  gas  and  electric  com- 
panies with  affiliated  companies). 

Sect.  94C  added,  1935,  227  (relative  to  payments,  charges,  con- 
tracts, purchases,  sales  or  obligations  or  other  arrangement  between 
gas  or  electric  companies  and  affiliated  companies,  and  the  burden  of 
proving  the  reasonableness  thereof). 

Sect.  94D  added,  1936,  243  (prohibiting  gas  and  electric  companies 
from  collecting  penalty  charges  for  delinquency  in  the  payment  of  bills 
for  gas  or  electricity  used  for  domestic  purposes). 

Sect.  105A  added,  1932,  119  (regulating  the  storage,  transportation 
and  distribution  of  gas). 

Sect.  115A  added,  1936,  259  §  1  (requiring  the  periodic  replacement 
of  meters  for  measuring  gas);  amended,  1937,  40  §  1.  (See  1936,  259 
§§  2,  3;   1937,  40  §§  2,  3.) 

Sect.  119  revised,  1934,  365. 

Sect.  119A  added,  1936,  76  §  1  (requiring  bills  for  gas  or  electricity 
used  for  domestic  purposes  to  be  itemized).     (See  1936,  76  §  2.) 

Sect.  124  amended,  1935,  237,  376  §  2. 

Sect.  124A  added,  1935,  376  §  1  (relative  to  the  shutting  off  of  gas 
or  electric  service  in  homes  where  there  is  serious  illness). 

Chapter  165.  —  Water  and  Aqueduct  Companies. 

Sect.  4A  added,  1933,  202  §  2  (requiring  the  filing  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  water  companies  with 
affiliated  companies). 

Chapter   166.  —  Telephone  and  Telegraph   Companies,   and  Lines  for  the 
Transmission  of  Electricity. 

Sect.  12A  added,  1934,  202  §  2  (requiring  telephone  and  telegraph 
companies  to  make  additional  annual  returns). 


716  Changes  in  the  [Chap.  167, 

Sect.  ISA  added,  1935,  242  (regulating  charges  by  telephone  com- 
panies for  the  use  of  hand  sets,  so  called). 

Sect.  22,  second  paragraph  amended,  1932,  36. 

Sect.  22A  added,  1932,  266  (relative  to  the  placing  underground  of 
certain  wires);  revised,  1933,  251. 

Chapter  167.  —  Banks  and  Banking. 

For  temporary  act,  authorizing  the  commissioner  of  banks  to  bor- 
row within  two  years  from  March  30th,  1932,  funds  for  the  payment 
of  dividends  in  liquidation  of  certain  closed  banks,  see  1932,  122;  time 
increased  to  four  years,  1934,  304;  time  further  increased  to  six  years, 
1936,  263;  act  amended,  1937,  371. 

For  temporary  act,  operative  until  January  1st,  1938,  authorizing 
savings  banks  and  savings  departments  of  trust  companies  to  grant 
loans  on  proofs  of  claim  of  depositors  in  closed  savings  banks  and  in 
savings  departments  of  closed  trust  companies,  see  1932,  217. 

For  temporary  act,  authorizing  the  governor  to  proclaim  the  exist- 
ence of  a  banking  emergency,  and  providing  for  the  further  protection 
of  depositors  in  banks  and  the  maintenance  of  the  banking  structure 
of  the  commonwealth,  see  1933,  59.    (See  also  1933,  Res.  2.) 

For  temporary  act,  facilitating  the  reorganization  of  certain  trust 
companies,  and  empowering  certain  holders  of  deposits  in  certain 
trust  companies  or  national  banking  associations  to  take  in  substitu- 
tion therefor  preferred  stock  thereof,  see  1933,  112. 

For  temporary  act,  authorizing  banks  and  credit  unions  to  co- 
operate in  action  under  the  Federal  Home  Owners'  Loan  Act  of  1933, 
see  1933,  343. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 
1936,  149  §§  2-4. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76,  80;  1936,  155. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  Na- 
tional Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1, 
1939,  1937,  240. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2. 

Sect.  1  amended,  1935,  452  §  1. 

Sect.  2  revised,  1934,  251;   first  paragraph  amended,  1935,  452  §  2. 

Sect.  2A  added,  1933,  310  (improving  the  method  of  examination  of 
banks). 

Sect.  4  amended,  1934,  270  §  1. 

Sect.  5  revised,  1933,  337. 

Sect.  U  revised,  1934,  270  §  2. 

Sect.  12  revised,  1935,  452  §  3. 

Sect.  14  revised,  1933,  334  §  1. 

Sect.  17  repealed,  1933,  334  §  2. 

Sect.  20  amended,  1933,  190. 

Sect.  20A  added,  1933,  292  (permitting  certain  public  ofl&cers  to 
participate  in  certain  bank  reorganizations). 


Chap.  168.]  GENERAL  LawS.  717 

Sects.  22-36.     See  1934,  43  ^  11. 

Sect.  22.     See  1933,  59  §  5,  112  §  7. 

Sect.  23.     See  1933,  112  §  6. 

Sect.  24  amended,  1932,  294;  1933,  41  §  4. 

Sect.  31 A  added,  1933,  277  (authorizing  payment  of  dividends  on 
small  deposits  in  closed  banks  to  certain  minors  and  to  the  next  of 
kin  of  certain  deceased  persons  without  probate  proceedings) :  revised. 
1937,  170. 

Sect.  35.     See  1936,  428. 

Sect.  35A  added,  1933,  302  (authorizing  the  destruction  of  certain 
books,  records  and  papers  relating  to  closed  banks). 

Sect.  35B  added,  1934,  241  (providing  for  semi-annual  reports  by 
the  commissioner  of  banks  as  to  progress  of  Hquidation  of  certain 
banks). 

Chapter  168.  —  Savings  Banks. 

For  temporary  act,  establishing  the  Mutual  Savings  Central  Fund, 
Inc.,  for  the  term  of  five  years,  see  1932,  44;  term  extended  to  ten 
years,  1936,  149  §  1. 

For  temporary  act,  operative  until  January  1st,  1938,  authorizing 
savings  banks  and  savings  departments  of  trust  companies  to  grant 
loans  on  proofs  of  claim  of  depositors  in  closed  savings  banks  and  in 
savings  departments  of  closed  trust  companies,  see  1932,  217. 

For  temporary  act,  authorizing  the  governor  to  proclaim  the  exist- 
ence of  a  banking  emergency,  and  providing  for  the  further  protection 
of  depositors  in  banks  and  the  maintenance  of  the  banking  structure 
of  the  commonwealth,  see  1933,  59.    (See  also  1933,  Res.  2.) 

For  temporary  act,  authorizing  banks  and  credit  unions  to  co- 
operate in  action  under  the  Federal  Home  Owners'  Loan  Act  of  1933, 
see  1933,  343. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 

1936,  149  §§  2-4. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;   amended  and  extended  to  July  1,  1939, 

1937,  240. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  ameiided,  1936,  405  §  2. 

Sect.  1,  two  paragraphs  (defining  "deposit  book  [etc.]"  and  "savings 
bank")  added  at  end,  1933,  334  §  3. 

Sect.  2  revised,  1933,  334  §  4. 

Sect.  2A  added,  1933,  46  §  1  (authorizing  savings  banks  to  become 
members  of  the  Federal  Home  Loan  Bank  established  for  the  district 
of  New  England). 

Sect.  5.     See  1936,  143  §  2. 

Sect.  11  amended,  1933,  334  §  5. 

Sect.  13  amended,  1933,  334  §  6.     (See  1933,  41  §  1.) 

Sect.  17  revised,  1933,  334  §  7. 

Sect.  25  revised,  1933,  334  §  8. 

Sect.  25A  added,  1933,  334  §  8  (authorizing  the  collection  of  savings 
from  school  children  through  principals,  teachers,  etc.). 

Sect.  26  revised,  1933,  334  §  9. 


718  Changes  in  the  [Chaps.  169,  170 

Sect.  27  amended,  1933,  334  §  10. 

Sect.  28  revised,  1933,  334  §  11. 

Sect.  29  amended,  1933,  334  §  12. 

Sect.  33A  revised,  1933,  334  §  13. 

Sect.  34  revised,  1933,  334  §  14. 

Sect.  35  revised,  1933,  334  §  15. 

Sect.  45  amended,  1933,  334  §  16. 

Sect.  47  revised,  1933,  334  §  17. 

Sect.  49  amended,  1933,  334  §  18. 

Sect.  50  revised,  1933,  334  §  19. 

Sect.  51  revised,  1932,  245  §  1. 

Sect.  51A  revised,  1933,  334  §  20. 

Sect.  53  revised,  1933,  334  §  21. 

Sect.  54,  clause  First,  first  two  paragraphs  revised,  1933,  334  §  22; 
same  clause  revised,  1937,  180;  clause  Second,  subdivisions  (a),  (e)  and 
(/)  revised,  1933,  334  §  23;  subdivision  (h)  added,  1933,  334  §  24  (for- 
bidding investment  of  funds  in  bonds  or  notes  of  county,  etc.,  in  default, 
and  defining  term  "in  default");  clause  Third  affected,  1933,111;  1934, 
79;  1935,  72  §§  1,  2;  1936,  84;  1937,  56;  subdivision  (p)  of  clause 
Third  revised,  1936,  79;  clause  Fourth  amended,  1932,  112;  clause 
Sixth  A,  first  paragraph  amended,  1937,  96;  clause  Seventh,  first 
paragraph  amended,  1937,  87;  second  paragraph  revised,  1932,  220; 
clause  Ninth,  subdivision  (c),  paragraph  (2)  stricken  out,  1933,  334 
§  25;  subdivision  (e),  paragraphs  (2),  (3)  and  (5)  revised,  1933,  334 
§  26;  clause  Twelfth  amended,  1937,  274  §  2;  clause  Sixteenth  affected, 
1933,  111;   1934,  79;   1935,  72  §§  1,  2;    1936,  84;   1937,  56. 

Sect.  55,  paragraph  added  at  end,  1933,  334  §  27  (authorizing  the 
continuing  of  the  offices  of  a  merged  savings  bank  as  branch  offices  of 
the  continuing  bank). 

Sect.  56  added,  1933,  41  §  1  (authorizing  savings  banks  to  purchase, 
loan  upon  or  participate  in  loans  upon  the  assets  of  certain  closed  and 
other  banks). 

Sect.  57  added,  1933,  334  §  28  (authorizing  savings  banks  to  become 
members  of  savings  bank  associations). 

Chapter  169.  —  Deposits  with  Others  than  Banks. 

For  temporary  act,  authorizing  the  governor  to  proclaim  the  exist- 
ence of  a  banking  emergency,  and  providing  for  the  further  protection 
of  depositors  in  banks  and  the  maintenance  of  the  banking  structure 
of  the  commonwealth,  see  1933,  59.    (See  also  1933,  Res.  2.) 

Chapter  170.  —  Co-operative  Banks. 

For  temporary  act,  establishing  the  Co-operative  Central  Bank  for 
the  term  of  five  years,  see  1932,  45;  term  extended  to  ten  years,  1935, 
82;  amount  which  a  member  bank  may  borrow  without  collateral 
further  regulated,  1935,  136. 

For  temporary  act,  authorizing  the  governor  to  proclaim  the  exist- 
ence of  a  banking  emergency,  and  providing  for  the  further  protection 
of  depositors  in  banks  and  the  maintenance  of  the  banking  structure 
of  the  commonwealth,  see  1933,  59.    (See  also  1933,  Res.  2.) 

For  temporary  act,  authorizing  banks  and  credit  unions  to  co-oper- 


Chap.  171.]  GENERAL   LaWS.  719 

ate  in  action  under  the  Federal  Home  Owners'  Loan  Act  of  1933,  see 
1933,  343. 

For  temporary  act,  providing  for  the  estabhshment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;    amended, 

1935,  76,  80;   1936,  155. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1,  1939, 
1937,  240. 

For  temporary  act,  authorizing  co-operative  banks,  within  a  three- 
year  period,  to  make  loans  upon  real  estate  differing  from  ordinary 
co-operative  bank  loans,  see  1935,  191;    time  increased  to  six  years, 

1936,  203;   amended,  1937,  233. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;   amended,  1936,  405  §  2. 

For  temporarj^  act,  authorizing  co-operative  banks  to  borrow  from 
any  source  to  make  real  estate  loans,  see  1936,  195. 

The  following  references  are  to  chapter  170,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  16  revised,  1932,  292  §  1. 

Sect.  19  amended,  1932,  292  §  2. 

Sect.  20A  added,  1932,  292  §  3  (authorizing  payment  to  spouse  or 
next  of  kin  without  administration  in  case  value  of  shares  does  not 
exceed  two  hundred  dollars). 

Sect.  36A  added,  1932,  292  §  4  (authorizing  and  regulating  borrow- 
ings to  meet  withdrawals  and  to  loan  against  shares). 

Sect.  40,  paragraph  added  at  end,  1932,  233  §  1. 

Sect.  41  amended,  1932,  233  §  2. 

Sect.  42  amended,  1932,  233  §  3. 

Sect.  45A  added,  1933,  46  §  2  (authorizing  co-operative  banks  to 
become  members  of  the  Federal  Home  Loan  Bank  established  for  the 
district  of  New  England). 

Sect.  50  added,  1932,  201  (authorizing  co-operative  banks  to  become 
members  of  certain  leagues). 

Chapter  stricken  out  and  new  chapter  inserted,   1933,   144. 
The  following  references  are  to  the  new  chapter  170: 

Sect.  12  amended,  1936,  196  §  1. 

Sect.  16,  second  paragraph  revised,  1936,  196  §  2. 

Sect.  25,  sentence  added  at  end,  1935,  174. 

Sect.  33  amended,  1935,  190. 

Sect.  34  amended,  1934,  203  §  1. 

Sect.  35,  last  paragraph  stricken  out,  1934,  203  §  2. 

Sect.  44,  second  paragraph  revised,  1936,  159. 

Sect.  47  revised,  1935,  75;   1936,  133. 

Sect.  50,  first  paragraph  amended,  1935,  54;   1937,  174. 

Sect.  50A  added,  under  caption  "conversion",  1935,  215  (estab- 
lishing the  procedure  to  be  followed  by  a  co-operative  bank  in  con- 
verting into  a  federal  savings  and  loan  association). 

Chapter  171.  —  Credit  Unions. 

For  temporary  act,  establishing  the  Central  Credit  Union  Fund,  Inc., 
for  the  term  of  five  years,  see  1932,  216,  as  amended  by  1934,  221. 
Term  extended  to  ten  years,  1936,  70. 


720  Changes  in  the  [Chap.  172. 

For  temporary  act,  authorizing  the  governor  to  proclaim  the  ex- 
istence ot  a  banking  emergency,  and  providing  for  the  further  pro- 
tection of  depositors  in  banks  and  the  maintenance  of  the  banking 
structure  of  the  commonwealth,  see  1933,  59.    (See  also  1933,  Res.  2.) 

For  temporary  act,  authorizing  banks  and  credit  unions  to  co-operate 
in  action  under  the  Federal  Home  Owners'  Loan  Act  of  1933,  see  1933, 
343. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1,  1939. 
1937,  240. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate,  mortgages,  see  1936,  191;  amended,  1936,  405  §  2. 

Sect.  3,  second  paragraph  revised,  1936,  323. 

Sect.  15,  last  sentence  stricken  out,  and  paragraph  added  at  end, 
1933,  163  §  1;  new  paragraph  added,  1935,  272;  paragraph  added  by 
1935,  272  revised,  1936,  329. 

Sect.  20 A  added,  1936,  119  (relative  to  the  impairment  of  the  capital 
of  credit  unions). 

Sect.  21  amended,  1933,  163  §  2;   1937,  228. 

Sect.  24,  paragraph  added  at  end  of  subdivision  (A),  1933,  163  §  3. 

Sect.  29,  first  paragraph  revised,  1936,  139. 

Chapter  172.  —  Trust  Companies. 

For  temporary  act,  operative  until  January  1st,  1938,  authorizing 
savings  banks  and  savings  departments  of  trust  companies  to  grant 
loans  on  proofs  of  claim  of  depositors  in  closed  savings  banks  and  in 
savings  departments  of  closed  trust  companies,  see  1932,  217. 

For  temporary  act,  authorizing  the  governor  to  proclaim  the  exist- 
ence of  a  banking  emergency,  and  providing  for  the  further  protection 
of  depositors  in  banks  and  the  maintenance  of  the  banking  structure 
of  the  commonwealth,  see  1933,  59.     (See  also  1933,  Res.  2.) 

For  temporary  act,  facilitating  the  reorganization  of  certain  trust 
companies,  and  empowering  certain  holders  of  deposits  in  certain 
trust  companies  or  national  banking  associations  to  take  in  substitu- 
tion therefor  preferred  stock  thereof,  see  1933,  112. 

For  temporary  act,  authorizing  banks  and  credit  unions  to  co-operate 
in  action  under  the  Federal  Home  Owners'  Loan  Act  of  1933,  see  1933, 
343. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1.  1939, 
1937,  240. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2. 

Sect.  1  revised,  1934,  349  §  1. 

Sect.  7,  clause  Fourth  revised,  1934,  349  §  2. 

Sect.  9,  fifth  sentence  amended,  1934,  349  §  3. 

Sect.  10,  first  paragraph  amended,  1934,  349  §  4. 

Sect.  11  revised,  1934,  349  §  5. 

Sect.  12  revised,  1934,  349  §  6. 

Sect.  13  revised,  1934,  349  §  7. 


Chap.  172A.]  GENERAL    LaWS.  721 

Sect.  14  revised,  1934,  349  §  8;  1935,  40;  amended,  1936,  143  §  1. 

Sect.  14A  added,  1934,  349  §  9  (relative  to  the  submission  of  a 
monthly  report  by  the  treasurer  of  a  trust  company  to  its  board  of 
directors). 

Sect.  15  levised,  1934,  349  §  10. 

Sect.  16,  paragraph  added  at  end,  1934,  349  §  11. 

Sect.  18  revised,  1934,  349  §  12;  amended,  1935,  18. 

Sect.  19  amended,  1934,  349  §  13. 

Sect.  24  revised,  1934,  349  §  14;  two  paragraphs  added  at  end,  1937, 
248. 

Sect.  25  amended,  1934,  349  §  15. 

Sect.  26  amended,  1934,  349  §  16. 

Sect.  30A,  sentence  added  at  end,  1934,  349  §  17. 

Sect.  31  revised,  1934,  349  §  18. 

Sect.  34  revised,  1934,  349  §  19. 

Sect.  43  revised,  1934,  349  §  20. 

Sect.  44A  added,  1933,  41  §  2  (authorizing  trust  companies  to  pur- 
chase, loan  upon  or  participate  in  loans  upon  the  assets  of  certain 
closed  and  other  banks). 

Sect.  45  revised,  1934,  349  §  21. 

Sect.  46  revised,  1934,  349  §  22. 

Sect.  48  revised,  1934,  349  §  23;  paragraph  (c)  added  at  end,  1937, 
276. 

Sect.  54  amended,  1934,  349  §  24;   1935,  172  §  1. 

Sect.  54A  added,  1935,  172  §  2  (authorizing  trust  companies  under 
certain  conditions  to  deposit  in  their  commercial  departments  certain 
funds  held  in  their  trust  departments). 

Sect.  57  revised,  1934,  349  §  25. 

Sect.  60  amended,  1934,  349  §  26. 

Sect.  61  amended,  1933,  41  §  3. 

Sect.  62  amended,  1934,  349  §  27. 

Sect.  66  revised,  1932,  245  §  2. 

Sect.  67,  paragraph  added  at  end,  1933,  334  §  29  (regulating  the 
declaration  and  payment  of  interest  on  deposits  in  savings  depart- 
ments of  trust  companies). 

Sect.  74  amended,  1934,  349  §  28. 

Sect.  75  revised,  1934,  349  §  29. 

Sect.  76  amended,  1934,  349  §  30. 

Sect.  80  revised,  1934,  349  §  31  (but  see  1934,  349  §  32). 

Sect.  82  added,  under  caption  "set-off  or  recoupment  of  de- 
posits", 1932,  295  §  1.    (See  1932,  295  §  2.) 

Sects.  83-89  added,  under  caption  "conservatorship",  1933, 
87  §  1. 

Sects.  83,  88.    See  1933,  112  §§  6,  9. 

Sect.  90  added,  1933,  273  (relative  to  the  enforcement  of  conserva- 
torship proceedings  in  respect  to  trust  companies). 

Chapter  172A.  —  Banking  Companies. 

New  chapter  inserted,  1935,  452  §  4. 


722  Changes  in  the  [Chap.  175. 


Chapter  175.  —  Insurance. 

For  temporary  act,  relative  to  the  support  and  regulation  of  the 
business  of  insurance  companies  during  the  bank  emergency,  see 
1933,  65. 

For  temporary  act,  authorizing  insurance  companies,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1,  1939, 
1937,  240. 

For  temporary  act,  modifying  the  requirements  for  investments  in 
real  estate  mortgages,  see  1936,  191;   amended,  1936,  405  §  2. 

Sect.  5  amended,  1933,  107  §  2. 

Sect.  6,  first  paragraph  amended,  1933,  107  §  3. 

Sect.  11,  first  paragraph  amended,  1934,  92  §  1;  third  paragraph 
amended,  1933,  5. 

Sect.  19A  amended,  1934,  137  §  2. 

Sect.  22A  revised,  1935,  234. 

Sect.  25,  last  paragraph  of  Form  A  stricken  out,  1934,  12;  last  para- 
graph of  section  amended,  1934,  92  §  2. 

Sect.  36,  second  paragraph  revised,  1935,  140,  1936,  61. 

Sect.  47,  clause  Seventh  amended,  1937,  261 ;  clause  TweKth  revised, 
1935,  204. 

Sect.  50,  third  sentence  amended,  1932,  180  §  33. 

Sect.  54A  added,  1932,  165  (permitting  certain  insurance  companies 
to  make  outside  the  commonwealth  contracts  insuring  personal  prop- 
erty against  all  risks  or  hazards). 

Sect,  64,  second  paragraph  amended,  1936,  213. 

Sect.  72  amended,  1936,  212. 

Sect.  79  revised,  1933,  23  §  1. 

Sect.  80,  paragraph  inserted  after  the  word  "classified"  in  the 
twenty-third  line,  1936,  315. 

Sect.  87  repealed,  1934,  22. 

Sect.  90B  revised,  1933,  23  §  2. 

Sect.  94,  first  two  paragraphs  stricken  out,  and  new  paragraph  in- 
serted, 1933,  81. 

Sect.  97  amended,  1933,  31. 

Sect.  99,  clause  Ninth  revised,  1934,  95. 

Sect.  102  amended,  1932,  174  §  1;  revised,  1934,  110  §  1.  (See 
1932,  174  §  2;   1934,  110  §  2.) 

Sect.  106  revised,  1932,  150  §  1.     (See  1932,  150  §  4.) 

Sect.  113A,  provision  (2)  amended,  1933,  119  §  1,  revised,  1933, 
145  §  1;  provision  (2A)  added,  1933,  145  §  2,  amended,  1935,  296  §  1; 
provision  (6)  revised,  1936,  272.     (See  1933,  145  §  3;   1935,  296  §  2.) 

Sect.  113B,  new  paragraph  added,  1935,  459  §  4.     (See  1935,  459  §  5.) 

Sect.  113D,  first  paragraph  revised,  1933,  119  §  2;  fourth  paragraph 
revised,  1933,  146  §  1;  sixth  paragraph  revised,  1933,  146  §  2,  amended, 
1934,  46;  paragraph  added  at  end,  1933,  119  §  3;  paragraph  added  at 
end,  1934,  379.    (See  1933,  119  §  6,  146  §  3.) 

Sect.  113E  added,  1934,  61  (prohibiting  certain  discrimination  in  the 
issuance  or  execution  of  motor  vehicle  liability  policies  or  bonds). 

Sect.  113F  added,  1937,  390  (relative  to  the  renewal  of  motor  ve- 
hicle liabihty  pohcies  or  bonds^  so  called,  in  certain  cases). 


Chaps.  176-178.]  GENERAL  LawS.  723 

Sect.  114  amended,  1932,  180  §  34. 

Sect.  116A  amended,  1932,  180  §  35. 

Sects.  125,  126.     See  1933,  42. 

Sect.  132,  first  paragraph  revised,  1933,  101  §  1. 

Sect.  140,  third  paragraph  amended,  1933,  101  §  2. 

Sect.  144,  last  paragraph  revised,  1933,  101  §  3. 

Sect,  147B  added,  1935,  232  (requiring  foreign  Hfe  insurance  com- 
panies to  provide  for  paid-up  and  extended  term  insurance  and  cash 
surrender  values  on  policies  of  industrial  life  insurance  issued  in  the 
commonwealth) . 

Sect.  151,  clause  Second  amended,  1933,  107  §  1. 

Sect.  155,  clause  First  revised,  1932,  150  §  2.    (See  1932,  150  §  4.) 

Sect.  156A  amended,  1933,  30. 

Sect.  160A  added,  1933,  25  §  1  (prohibiting  the  printing  or  publica- 
tion of  certain  advertisements  for  or  on  behalf  of  unlicensed  insurance 
companies). 

Sect.  160B  added,  1934,  14  §  1  (authorizing  the  commissioner  of  in- 
surance to  publish  certain  information  relative  to  unlicensed  foreign 
insurance  companies  or  societies). 

Sect.  167A  amended,  1934,  137  §  3;   1937,  260. 

Sect.  181  revised,  1934,  160. 

Sect.  184  amended,  1937,  103. 

Sect.  185,  second  paragraph  revised,  1932,  150  §  3. 

Sect.  187C,  first  paragraph  amended,  1934,  34,  1936,  215  §  1.  (See 
1936,  215  §  2.) 

Sect.  193B  added,  1937,  314  (authorizing  the  payment  of  motor 
vehicle  insurance  premiums  in  instalments). 

Chapter  176.  —  Fraternal  Benefit  Societies. 

For  temporary  act,  relative  to  the  support  and  regulation  of  the 
business  of  insurance  companies  during  the  bank  emergency,  see  1933, 
65. 

Sect.  5  amended,  1933,  25  §  2;   1934,  14  §  2. 

Sect.  21  amended,  1934,  170;  revised,  1937,  79. 

Sect.  23  amended,  1932,  46. 

Sect.  40,  first  two  sentences  amended,  1932,  180  §  36. 

Sect.  45,  second  paragraph  amended,  1932,  104. 

Sect.  46B  added,  1932,  47  §  1  (authorizing  certain  fraternal  benefit 
societies  to  acquire,  hold,  manage  and  dispose  of  real  property,  and 
confirming  title  to  such  property  heretofore  acquired  by  certain  of 
such  societies). 

Chapter  176A.  —  Non-Profit  Hospital  Service  Corporations. 

New  chapter  inserted,  1936,  409. 

Chapter  178.  —  Savings  Bank  Life  Insurance. 

For  temporary  act,  relative  to  the  support  and  regulation  of  the 
business  of  insurance  companies  during  the  bank  emergency,  see 
1933  65. 

Sect.  10  amended,  1935,  330  §  1. 
,   Sect.  11  amended,  1935,  330  §  2. 


724  Changes  in  the  [Chaps.  180-189. 

Sect.  11 A  added,  1935,  330  §  3  (relative  to  non-payment  of  pre- 
miums on  annuity  and  certain  other  contracts). 
Sect.  15  amended,  1935.  330  §  4;   1936,  285  §  1. 
Sect.  17  revised,  1935,  330  ^  5. 
Sect.  19  amended,  1935,  330  §  6. 

Sect.  21  revised,  1935,  330  §  7;  amended,  1936,  285  §  2. 
Sect.  26  revised,  1932,  103. 
Sect.  29  amended,  1936,  285  §  3. 
Sect.  30  amended,  1936,  285  §  4. 

Chapter  180.  —  Corporations  for  Charitable  and  Certain  Other  Purposes. 

Sect.  5  amended,  1934,  328  §  21. 

Sect.  10  amended,  1932,  180  §  37;  revised,  1937,  151  §  1. 

Sect.  11  revised,  1937,  151  §  2. 

Sect.  12A  amended,  1935,  246. 

Sect.  26A  added,  1933,  236  §  1  (requiring  the  fihng  of  annual  returns 
by  certain  incorporated  clubs  and  other  corporations).  (See  1933, 
236  §  2.) 

Sect.  27  amended,  1934,  328  §  22. 

Chapter  183.  —  Alienation  of  Land. 

Sect.  43  amended,  1937,  101  §  1. 
Sect.  44  amended,  1937,  101  §  2. 

Chapter  184.  —  General  Provisions  relative  to  Real  Property. 

Sect.  13  amended,  1937,  112;  revised,  1937,  245  §  1.  (See  1937, 
245  §  2.) 

Chapter  185.  —  The  Land  Court  and  Registration  of  Title  to  Land. 

Sect.  1,  clause  (h)  revised,  1935,  318  §  3;    clause  (c)  revised,  1935, 
318  §  4;    clause  (ji4)  added,  1934,  263  §  1  (granting  to  land  court 
exclusive  original  jurisdiction  to  determine  by  declaratory  judgment 
the  validity  and  extent  of  municipal  zoning  ordinances,  by-laws  and 
regulations);    clause  (k)  revised,  1934,   67  §   1;    clauses  (/)  and  (w) 
added,  1935,  318  §  5  (granting  to  said  court  original  jurisdiction  con- 
current with  supreme  judicial  and  superior  courts  of  certain  suits  in 
equity);    paragraph  in  lines  44-50,  inclusive,  revised,  1937,  183  §  1. 
(See  1934,  67  §  2;   1935,  318  §  8;   1937,  183  §  2.) 
Sect.  2  amended,  1937,  409  §  3.    (See  1937,  409  §  7.) 
Sect.  2A  repealed,  1937,  409  §  4.    (See  1937,  409  §  7.) 
Sect.  25A  added,  1933,  55  (relative  to  the  power  of  the  land  court 
to  enforce  its  orders  and  decrees,  and  relative  to  service  of  its  processes). 
Sect.  40  amended,  1937,  118. 
Sect.  78  amended,  1937,  144  §  1.     (See  1937,  144  §  2.) 

Chapter  189. —  Dower  and  Curtesy. 

Sect.  3  revised,  1936,  91  §  1.    (See  1936,  91  §  2.) 


Chaps.  192-203.]  GENERAL   LaWS.  725 


Chapter  192.  —  Probate  of  Wills  and  Appointment  of  Executors. 

Sect.  1A  added,  1934,  113  (requiring  that  the  attorney  general  be 
made  a  party  in  certain  proceedings  relative  to  the  probate  of  wills). 
Sect.  7.     See  1937,  408  §  3. 

Chapter  194.  —  Public  Administrators. 

Sect.  7  revised,  1933,  100. 

Sect.  9,  last  sentence  amended,  1932,  180  §  38;    section  affected, 
1932,  180  §  45. 
Sect.  10.     See  1936,  428. 

Chapter  195.  —  General  Provisions  relative  to  Executors  and  Administrators. 

Sects.  1-4  repealed,  1933,  221  §  1.     (See  1933,  221  §  8.) 
Sect.  8  amended,  1933,  221  §  2.     (See  1933,  221  §  8.) 

Chapter  196.  —  Allowances  to  Widows  and  Children,  and  Advancements. 

Sect.  2  amended,  1933,  36;  revised,  1936,  214. 

Chapter  197.  —  Payment  of  Debts,  Legacies  and  Distributive  Shares. 

Sect.  2  amended,  1933,  221  §  3.     (See  1933,  221  §  8.) 
Sect.  9  amended,  1933,  221  §  4.     (See  1933,  221  §  8.) 

Chapter  201.  —  Guardians  and  Conservators. 

Sect.  13,  new  sentence  added  at  end,  1934,  204  §  1, 

Sect.  18,  new  sentence  added  at  end,  1934,  204  §  2. 

Sect.  39A  added,  1936,  270  (authorizing  payments  from  estates  of 
minors  unde^'  guardianship  for  expenses  for  the  funerals  of  the  parents 
in  certain  cases). 

Sect.  47A  added,  1937,  312  §  1  (permitting  guardians  and  conser- 
vators to  invest  funds  in  certain  insurance  policies  and^annuity  con- 
tracts). 

Chapter  202.  —  Sales,  Mortgages  and  Leases  of  Real  Estate  by  Executors, 
Administrators,   Guardians  and  Conservators. 

Sect.  4A  added,  1933,  129  (relative  to  the  use  and  management  of 
real  estate  of  a  decedent  by  his  executor  or  administrator  for  the  pur- 
pose of  the  payment  of  debts  from  the  rents  thereof). 

Sect.  14  amended,  1934,  157  §  1. 

Sect.  20  revised,  1933,  221  §  5.     (See  1933,  221  §  8.) 

Chapter  203.  —  Trusts. 

Sect.  16  amended,  1934,  157  §  2. 

Sect.  17A  added,  1932,  50  (relative  to  the  sale  of  real  estate  by 
foreign  testamentary  trustees). 

Sect.  22  amended,  1936,  184  §  1.     (See  1936,  184  §  2.) 

Sect.  25 A  added,  under  the  heading  "purchase  of  insurance 
POLICIES  OR  annuity  CONTRACTS",  1937,  312  §  2  (permitting  trustees 
to  invest  funds  in  certain  insurance  policies  and  annuity  contracts). 


726  Changes  in  the  [Chaps.  204^213. 


Chapter  204.  —  General  Provisions  relative  to  Sales,  Mortgages,  Releases, 
Compromises,  etc.,  by  Executors,  etc. 

Sect.  26  amended,  1933,  221  §  6.     (See  1933,  221  §  8.) 

Chapter  206.  —  Accounts  and  Settlements  of    Executors,  Administrators, 
Guardians,  Conservators,  Trustees  and  Receivers. 

Sect.  17  amended,  1936,  208. 

Chapter  207.  —  Marriage. 

Sect.  20  amended,  1933,  127. 

Sect.  30  amended,  1937,  11  §  1.     (See  1937,  11  §  2.) 

Sect.  38  revised,  1932,  162. 

Chapter  208.  —  Divorce. 

Sect.  2  revised,  1937,  76  §  1.     (See  1937,  76  §  2.) 

Sect  19  revised   1932  3. 

Sect!  21,  sentence  added  at  end,  1934,  181  §  1.    (See  1934,  181  §  2.) 

Sect.  33  revised,  1936,  221  §  1.     (See  1936,  221  §  2.) 

Sect.  38  revised,  1933,  288. 

Chapter  209.  —  Husband  and  Wife. 

Sect.  33  revised,  1933,  360. 

Chapter  211.  —  The  Supreme  Judicial  Court. 

Sect.  11  revised,  1933,  300  §  1.     (See  1933,  300  §  4.) 

Chapter  212.  —  The  Superior  Court. 

For  act  further  extending  to  January  1st,  1941,  the  operation  of 
certain  provisions  of  law  (1923,  469,  as  amended,)  relative  to  the  more 
prompt  disposition  of  criminal  cases  in  the  superior  court,  see  1937,  358. 

For  act  relative  to  sittings  and  sessions  of  the  superior  court,  see 
1932,  144.    (For  prior  temporary  legislation,  see  1927,  306;   1928,  228.) 

Sect.  14  revised,  1932,  144  §  1.  (For  prior  temporary  legislation, 
see  1927,  306;   1928,  228.) 

Sect.  14A  added,  1932,  144  §  2  (regulating  the  establishing  of 
sessions  and  sittings  of  the  superior  court).  (For  prior  temporary 
legislation,  see  1927,  306;   1928,  228.) 

Sects.  15-18  repealed,  1932,  144  §  3. 

Sect.  22  amended,  1934,  287. 

Sect.  25  amended,  1932,  144  §  4. 

Sect.  26A  added,  1935,  229  §  1  (providing  for  the  transfer  from  the 
superior  court  to  the  land  court  of  certain  actions  at  law  and  suits  in 
equity  where  any  right,  title  or  interest  in  land  is  involved).  (See 
1935,  229  §  2.) 

Chapter  213.  —  Provisions  Common  to  the  Supreme  Judicial  and  Superior 

Courts. 

Sect.  6  amended,  1932,  144  §  5. 


Chaps.  214r-218.]  GENERAL   LaWS.  727 


Chapter  214.  —  Equity  Jurisdiction  and  Procedure  in  the  Supreme  Judicial 

and  Superior  Courts. 

Sect.  1  amended,  1935,  407  §  2.  (See  1935,  407  §  6;  1937,  436  §  10.) 
Sect.  9  amended,  1934, 381;  1935,  407  §  3.  (See  1935,  407  §  6;  1937, 

436  §  10.) 

Sect.  9A  added,  1935,  407  §  4  (limiting  authority  of  courts  to  grant 

injunctive  relief  in  cases  involving  or  growing  out  of  labor  disputes). 

(See  1935,  407  §  6;   1937,  436  §  10.) 

Chapter  215.  —  Probate  Courts. 

Sect.  6  amended,  1933,  237  §  1;  revised,  1937,  257. 

Sect.  6B  added,  1935,  247  §  1  (providing  for  interpretative  judg- 
ments in  the  probate  courts  as  to  the  meaning  of  written  instruments). 
(See  1935,  247  §  2.) 

Sect.  30A  amended,  1934,  330. 

Sect.  62,  paragraph  in  lines  17-20  revised,  1932,  107,  1936,  241; 
paragraph  in  lines  29-33  revised,  1934,  24;  paragraph  in  lines  34-37 
amended,  1934,  54;  same  paragraph  revised,  1934,  175  §  1;  paragraph 
in  lines  45-51  revised,  1935,  132;  paragraph  in  lines  56  and  57  revised, 
1933,  274.     (See  1934,  175  §  2.) 

Chapter  217. — Judges  and  Registers  of  Probate  and  Insolvency. 

For  legislation  relative  to  abolition  of  office  of  special  judge  of  pro- 
bate and  insolvency  on  the  death,  resignation  or  removal  of  the  incum- 
bent, see  1937,  408  §  8. 

Sect.  1  amended,  1935,  434  §  1. 

Sect.  2  amended,  1934,  290;   1935,  434  §  2. 

Sects.  5  and  6  stricken  out  and  new  sections  5,  5A,  6,  6A  inserted, 
1937,  408  §  3.    (See  1937,  408  §  9.) 

Sect.  7,  sentence  added  at  end,  1937,  408  §  4.     (See  1937,  408  §§  3,  9.) 

Sect.  8  revised,  1937,  408  §  5.     (See  1937,  408  §  9.) 

Sect.  30  revised,  1935,  143  §  1;*  1935,  313  §  1;  1936,  252  §  1.  (See 
1935,  313  §  3;   1936,  252  §  2.) 

Sect.  31 A  added,*  1935,  313  §  2  (providing  for  the  appointment  of  a 
messenger  for  the  probate  court  of  Essex  county).    (See  1935,  313  §  3.) 

Sect.  34  revised,  1937,  408  §  1.    (See  1937,  408  §  9.) 

Sect.  38  repealed,  1937,  408  §  2. 

Sect.  40  revised,  1937,  408  §  6.     (See  1937,  408  §  9.) 

Sect.  41  amended,  1937,  408  §  7.     (See  1937,  408  §§  8,  9.) 

Chapter  218.  —  District  Courts. 

For  act  further  extending  to  January  1st,  1941,  the  operation  of  cer- 
tain provisions  of  law  (1923,  469,  as  amended,)  authorizing  certain 
justices  of  district  courts  to  sit  in  criminal  cases  in  the  superior  court, 
see  1937,  358. 

Sect.  1,  first  paragraph  under  caption  "Franklin"  revised,  1932, 
87  §1. 

*Void  for  non-acceptance. 


728  Changes  in  the  [Chaps.  219-221 

Sect.  8  revised,  1936,  282  §  1.    (See  1936,  282  §  3.) 
Sect.  9,  sentence  added  at  end,  1934,  217  §  1. 

Sect.  10  amended,  1932,  160  §  1;   1937,  297  §  1.    (See  1937,  297  §  2.) 
Sect.  13  revised,  1937,  59. 
Sect.  16  revised,  1937,  219  §  3. 

Sect.  19  amended,  1934,  387  §  1.    (See  1934,  387  §  5.) 
Sect.  22  amended,  1937,  310. 

Sect.  26  revised,  1937,  301  §  1.     (See  1937,  301  §  2.) 
Sect.  29  amended,  1932,  55. 

Sect.  53,  paragraph  added  after  the  first  paragraph,  1936,  230. 
Sect.  58  revised,  1936,  282  §  2.    (See  1936,  282  §  3.) 
Sect.  62  amended,*  1932,  235  §  1;  revised,*  1932,  247  §  1;  amended, 
1935,  71  U;  1937,  298.     (See  1935,  71  §  2.) 
Sect.  63  revised,  1935,  341. 
Sect.  76  amended,  1932,  269  §  1;  1935,  366  §  1;  1937,  378  §  1.    (See 

1935,  366  §  3.) 

Sect.  77  revised,  1937,  294. 

Sect.  80,  sentence  added  at  end,  1935,  366  §  2;    section  amended, 

1936,  229  §  1;   1937,  378  §  2.    (See  1935,  366  §  3;   1936,  229  §  2.) 

Chapter  219.  —  Trial  Justices. 

Sect.  28  amended,  1934,  328  §  23. 

Chapter  220.  —  Courts  and  Naturalization. 

Sects.  13A  and  13B  added,  1935,  407  §  5  (regulating  procedure  in 
trials  for  contempt  arising  out  of  disobedience  to  decrees  or  process  of 
courts  in  labor  dispute  cases).    (See  1935,  407  §  6;   1937,  436  §  10.) 

Sect.  14 A  added,  1936,  206  §  1  (relative  to  the  time  within  which 
certain  justices  shall  render  their  decisions).    (See  1936,  206  §  2.) 

Sects.  16  and  17  repealed,  1932,  144  §  3. 

Sect.  19  repealed,  1932,  16. 

Chapter  221.  —  Clerks,   Attorneys  and  Other  Officers  of  Judicial   Courts. 

Sect.  4  amended,  1935,  89  §  1;    1937,  158  §  1.     (See  1935,  89  §  2; 

1937,  158  §  2.) 

Sect.  5  amended,  1932,  51. 

Sect.  12  revised,  1937,  219  §  4. 

Sect.  24  revised,  1936,  31  §  3. 

Sect.  46  revised,  1935,  346  §  1. 

Sects.  46A  and  46B  added,  1935,  346  §  2  (prohibiting  individuals 
not  members  of  the  bar  from  practising  law  or  attempting  so  to  do 
and  providing  a  means  of  restraining  unauthorized  practice  of  law). 

Sect.  47  repealed,  1935,  346  §  3. 

Sect.  49  repealed,  1935,  346  §  3. 

Sect.  58  amended,  1932,  40  §  1. 

Sect.  60  repealed,  1932,  40  §  2. 

Sect.  73  revised,  1935,  182  §  2.     (See  1935,  182  §§  5,  6.) 

Sect.  76  revised,  1935,  182  §  3.     (See  1935,  182  §§  5,  6.) 

Sect.  80  amended,  1935,  182  §  4.     (See  1935,  182  §  6.) 

Sect.  94,  first  sentence  amended,  1932,  180  §  39. 

*  Void  for  non-acceptance. 


Chaps.  223-231.]  GENERAL  LawS.  729 


Chapter  223.  —  Commencement  of  Actions,  Service  of  Process. 

Sect.  2  revised,  1934,  387  §  2.     (See  1934,  387  §  5.) 

Sect.  2A  added,  1935,  483  §  1  (providing  for  trial  together  of  two 
or  more  actions  arising  out  of  the  same  motor  vehicle  accident  pending 
in  district  courts).    (See  1935,  483  §§  2,  3.) 

Sect.  42  amended,  1937,  295  §  1. 

Sect.  44A  added,  1937,  295  §  2  (further  regulating  the  attachment 
of  motor  vehicles  on  mesne  process  in  actions  of  contract). 

Sect.  48  revised,  1937,  308. 

Chapter  228.  —  Survival  of  Actions  and  Death  and  Disabilities  of  Parties. 

Sect.  1  revised,  1934,  300  §  1.     (See  1934,  300  §  2.) 
Sect.  5  amended,  1933,  221  §  7;   revised,  1937,  406  §  1.    (See  1933, 
221  §  8.) 

Chapter  229.  —  Actions  for  Death  and  Injuries  Resulting  in  Death. 

Sect.  5  amended,  1937,  406  §  3. 

Chapter  230.  —  Actions  By  and  Against  Executors  and  Administrators. 

Sect.  5  amended,  1934,  116. 

Chapter  231.  —  Pleading  and  Practice. 

Sect.  55  amended,  1935,  318  §  6.     (See  1935,  318  §  8.) 

Sect.  59C  added,  under  caption  "speedy  trial  of  certain  actions 
FOR  malpractice,  ERROR  OR  MISTAKE",  1935,  118  §  1  (relative  to  the 
advancement  for  speedy  trial  in  the  superior  court  of  actions  against 
physicians  and  others  for  malpractice,  error  or  mistake).  (See  1935, 
118  §  2.) 

Sect.  63  amended,  1932,  84  §  1. 

Sect.  69  amended,  1932,  177  §  1.     (See  1932,  177  §  2.) 

Sect.  73  repealed,  1932,  180  §  40. 

Sect.  78  repealed,  1932,  180  §  40. 

Sect.  84A  added,  1933,  247  §  1  (relative  to  the  joint  trial  in  the 
superior  court  of  actions  involving  the  same  subject  matter).  (See 
1933,  247  §  2.) 

Sects.  85B  and  85C  added,  1937,  439  §  1  (relative  to  procedure  in 
certain  actions  to  recover  damages  arising  out  of  motor  vehicle  acci- 
dents and  in  suits  by  judgment  creditors  in  actions  to  reach  and  apply 
the  proceeds  of  motor  vehicle  liability  policies  and  in  actions  to  recover 
on  motor  vehicle  liabiHty  bonds).     (See  1937,  439  §  2.) 

Sect.  102A  added,  1934,  387  §  3  (relative  to  the  removal  to  the 
superior  court  of  an  action  of  tort  arising  out  of  the  operation  of  a 
motor  vehicle);  amended,  1937,  133  §  1.  (See  1934,  387  §  5;  1937, 
133  §  2.) 

Sect.  108,  second  sentence  of  third  paragraph  revised,  1933,  255  §  1. 
(See  1933,  255  §  2.) 

Sect.  133  amended,  1933,  300  §  2.     (See  1933,  300  §  4.) 

Sect.  140A  added,  1932,  130  §  1  (relative  to  the  effect  of  a  settle- 
ment by  agreement  of  an  action  of  tort  growing  out  of  a  motor  vehicle 


730  Changes  in  the  [Chaps.  233-255. 

accident  upon  the  right  of  a  defendant  in  such  action  to  maintain  a 
cross  action). 

Sect.  141  amended,  1932,  130  §  2;  1933,  300  §  3;  1934,  387  §  4. 
(See  1933,  300  §  4;   1934,  387  §  5.) 

Sect.  142  amended,  1935,  318  §  7.     (See  1935,  318  §  8.) 

Chapter  233.  —  Witnesses  and  Evidence. 

Sect.  3A  added,  1933,  262  (authorizing  the  commissioner  of  banks 
to  respond  to  summonses  or  subpoenas  by  an  employee  or  other 
assistant  in  his  department). 

Sect.  8  amended,  1933,  269  §  3,  376  §  3. 

Sects.  13A-13D  added,  1937,  210  §  1  (making  uniform  the  law 
securing  the  attendance  of  witnesses  from  without  a  state  in  criminal 
proceedings).     (See  1937,  210  §  2.) 

Sect.  22  amended,  1932,  97  §  1. 

Sect.  26  amended,  1932,  71  §  1. 

Sect.  29  amended,  1932,  71  §  2. 

Sect.  30  amended,  1932,  71  §  3. 

Sect.  32  amended,  1932,  71  §  4. 

Sect.  33  amended,  1932,  71  §  5. 

Sect.  34  amended,  1932,  71  §  6. 

Sect.  45  amended,  1932,  71  §  7. 

Sect.  46  amended,  1932,  71  §  8. 

Sect.  47  amended,  1932.  71  §  9. 

Sect.  48  amended,  1932,  71  §  10. 

Sect.  49  amended,  1932,  71  §  11. 

Chapter  234.  —  Juries. 

Sect.  1  amended,  1935,  257  §  11;   1936,  25.    (See  1935,  257  §  12.) 

Sect.  11  amended,  1934,  150. 

Sect.  15  repealed,  1936,  161  §  1.    (See  1936,  161  §  3.) 

Chapter  240.  —  Proceedings  for  Settlement  of  Title  to  Land. 

Sect.  14A  added,  1934,  263  §  2  (providing  for  determination  by  the 
land  court  by  declaratory  judgment  as  to  the  validity  and  extent  of 
municipal  zoning  ordinances,  by-laws  and  regulations). 

Chapter  246.  —  Trustee  Process. 

Sect.  28  temporarily  affected,  1934,  74;  revised,  1935,  410  §  1. 
(See  1935,  410  §§  2,  3.) 

Chapter  250.  —  Writs  of  Error,  Vacating  Judgment,  Writs  of  Review. 

Sect.  16  amended,  1933,  244  §  1.    (See  1933,  244  §  2.) 

Chapter  255.  —  Mortgages,  Conditional  Sales  and  Pledges  of  Personal 
Property,  and  Liens  thereon. 

Sect.  1.  See  1933,  142  (recording  of  federal  crop  loans  to  farmers). 
See  also  1936,  264  subsection  20  (relative  to  trust  receipt  and  pledge 
transactions) . 

Sect.  3  amended,  1935,  86  §  2. 


Chaps.  255A-265.]  GENERAL  LaWS.  731 

Sects.  7A-7E  added,  1935,  86  §  1  (relative  to  the  mortgaging  of 
crops  and  certain  other  classes  of  personal  property). 

Sect.  13A  added,  1935,  348  §  1  (regulating  conditional  sales  of  motor 
vehicles).    (See  1935,  348  §  2.) 

Sect.  13B  added,  1935,  396  (relative  to  certain  contracts  of  condi- 
tional sale  of  household  or  personal  effects). 

Sects.  13C  and  13D  added,  1937,  315  (relative  to  contracts  of  con- 
ditional sale  of  household  furniture  or  other  household  or  personal 
effects  except  jewelry). 

Chapter   255A.  —  Trust   Receipts   and    Pledges   without   Possession   in   the 

Pledgee. 

New  chapter  inserted,  1936,  264. 

Chapter  258.  —  Claims  against  the  Commonwealth. 

Sect.  3  revised,  1932,  180  §  41. 

Chapter  260.  —  Limitation  of  Actions. 

Sect.  4  amended,  1933,  318  §  5;  1934,  291  §  4;  1937,  385  §  9.  (See 
1933,  318  §  9;  1934,  291  §  6;  1937,  385  §  10.) 
Sect.  10,  sentence  added  at  end,  1937,  406  §  2. 

Chapter  261.  —  Costs  in  Civil  Actions. 

Sect.  4  amended,  1937,  44  §  1.     (See  1937,  44  §  2.) 

Chapter  262.  —  Fees  of  Certain  Officers. 

Sect.  4,  seventh  paragraph  amended,  1937,  188. 

Sect.  5  amended,  1933,  201. 

Sect.  25  amended,  1933,  162;   1934,  141. 

Sect.  32  revised,  1935,  280. 

Sect.  34  amended,  1933,  21. 

Sect.  38,  second  paragraph  amended,  1937,  97. 

Sect.  40  revised,  1934,  324  §  1.    (See  1934,  324  §  2.) 

Sect.  53  amended,  1936,  251. 

Chapter  263.  —  Rights  of  Persons  Accused  of  Crime. 

Sect.  4A  added,  1934,  358  (expediting  the  arraignment  of  persons 
charged  with  crimes  not  punishable  by  death  by  permitting  them  to 
waive  indictment  proceedings). 

Sect.  6  amended,  1933,  246  §  1.    (See  1933,  246  §  2.) 

Chapter  264.  —  Crimes  against  Governments. 

Sect.  5  revised,  1932,  298;  amended,  1933,  153  §  3;   1934,  56. 
Sect.  lOA  revised,  1933,  276. 

Chapter  265.  —  Crimes  against  the  Person. 

Sect.  25  revised,  1932,  211. 
Sect.  26  amended,  1934,  1. 


732  Changes  in  the  [Chaps.  266-271. 


Chapter  266.  —  Crimes  against  Property. 

Sect.  1  revised,  1932,  192  §  1. 

Sect.  2  revised,  1932,  192  §  2. 

Sects.  3  and  4  repealed,  1932.  192  §  3. 

Sect.  5  revised,  1932,  192  §  4. 

Sect.  5A  added,  1932,  192  §  5  (dejfining  and  providing  penalties  for 
attempts  to  commit  arson). 

Sect.  6  repealed,  1932,  192  §  3. 

Sect.  8  revised.  1932,  192  §  6. 

Sect.  10  revised,  1932,  192  §  7. 

Sect.  22  amended,  1935,  365. 

Sect.  37  revised,  1937,  99. 

Sect.  52  amended,  1934,  270  §  3. 

Sect.  54.    See  1933.  59  §  3. 

Sect.  70  amended,  1933,  245  §  4. 

Sects.  75A  and  75B  added,  1932,  11  (penalizing  the  fraudulent 
operation  of  slot  machines,  coin-box  telephones  and  other  coin  re- 
ceptacles, and  the  manufacture  and  sale  of  devices  intended  to  be 
used  in  such  operation). 

Sect.  116A  added,  1935,  116  (providing  for  the  protection  of  wild 
azaleas,  wild  orchids  and  cardinal  flowers) . 

Chapter  268.  —  Crimes  against  Public  Justice. 

Sect.  14A  added,  1936,  168  (imposing  a  penalty  for  depriving  em- 
ployees of  their  employment  because  of  jury  service). 
Sect.  16  revised,  1934,  344. 
Sect.  26  amended,  1934,  328  §  24. 
Sect.  27  amended,  1934,  328  §  25. 
Sect.  29  amended,  1934,  328  §  26. 
Sect.  33  amended,  1935,  440  §  44. 

Chapter  269.  —  Crimes  against  Public  Peace. 

Sect.  10  amended,  1935,  290;  1936,  227  §  1;  1937,  250  §  1.  (See 
1936,  227  §  2;    1937,  250  §  2.) 

Sect.  lOB  added,  1934,  359  §  2  (further  regulating  the  sale,  rental 
and  leasing  of  rifles  and  shotguns). 

Sects.  IIA-IID  added,  under  caption  "tampering  with  identify- 
ing NUMBERS  OF  CERTAIN  FIREARMS ",  1937,  199  (relative  to  certain 
firearms  the  serial  or  identification  numbers  of  which  have  been  re- 
moved, defaced,  altered,  obhterated  or  mutilated). 

Chapter  270.  —  Crimes  against  Public  Health. 

Sect.  5  amended,  1934,  328  §  27. 

Chapter  271.  —  Crimes  against  Public  Policy. 

Sect.  22A  revised,  1934,  371;  paragraphs  added  at  end,  1936,  222, 
283 

Sect.  23  amended,  1934,  235  §  3,  303  §  1. 

Sects.  31,  33,  34  affected  by  1935,  454  §  8,  471  §  2. 


Chaps.  272-276.]  GENERAL  LaWS.  733 


Chapter  272.  —  Crimes  against  Chastity,  Morality,  Decency  and  Good  Order. 

Sect.  25  revised,  1933,  376  §  4. 

Sect.  28  amended,  1934,  231. 

Sects.  79A  and  79B  added,  1934,  234  §  1  (relative  to  the  cutting  of 
the  muscles  or  tendons  of  horses'  tails  and  to  the  showing  or  exhibiting 
of  horses  whose  tails  have  been  so  cut  or  have  been  docked).  (See 
1934,  234  §  2.) 

Sect.  80  repealed,  1934,  234  §  1.     (See  1934,  234  §  2.) 

Sect.  92A  added,  1933,  117  (preventing  advertisements  tending  to 
discriminate  against  persons  of  any  religious  sect,  creed,  class,  denomi- 
nation or  nationahty  by  places  of  public  accommodation,  resort  or 
amusement). 

Sect.  97A  added,  1934,  164  (prohibiting  the  use  of  documents  drawn 
to  imitate  judicial  process). 

Sect.  98  amended,  1934,  138. 

Sect.  103  added,  1936,  417  (prohibiting  marathon  dances,  other 
marathons  or  walkathons,  so  called). 

Chapter  273.  —  Desertion,  Non-Support  and   Illegitimacy. 

Sect.  2  amended,  1933,  224. 
Sects.  20-22.     See  1937,  440  §  2. 

Chapter  275.  —  Proceedings  to  prevent  Crimes. 

Sect.  15  repealed,  1932,  180  §  42. 

Chapter  276.  —  Search  Warrants,  Rewards,  Fugitives  from  Justice,  Arrest, 
Examination,  Commitment  and  Bail.  Probation  Officers  and  Board 
of  Probation. 

Sect.  1,  first  paragraph  amended,  1934,  303  §  2;  clause  Eleventh 
amended,  1934,  235  §  1. 

Sect.  3  amended,  1934,  340  §  15.     (See  1934,  340  §  18.) 

Sect.  3A  added,  1934,  247  (concerning  the  service  of  search  war- 
rants). 

Sect.  7  amended,  1934,  235  §  2. 

Sects.  lOA-lOD  added,  under  caption  "extra-territorial  arrest 
ON  FRESH  pursuit",  1937,  208  §  1  (making  uniform  the  law  as  to 
extra-territorial  arrest  on  fresh  pursuit  and  authorizing  this  common- 
wealth to  co-operate  with  other  states  in  connection  therewith).  (See 
1937,  208  §  2.) 

Sects.  11-20  and  caption  "fugitives  from  justice"  stricken  out 
and  new  sections  11-20R  inserted,  under  caption  "procedure  on 
interstate  rendition",  1937,  304  §  1.    (See  1937,  304  §§  2,  3.) 

Sect.  37A  added,  1932,  180  §  43  (relative  to  the  assignment  of 
counsel  to  appear,  on  behalf  of  a  person  accused  of  a  capital  crime,  at 
his  preliminary  examination).  [For  prior  legislation,  see  G.  L.  chapter 
277,  §§  48,  49,  repealed  by  1932,  180  §  44.] 

Sect.  83  revised,  1936,  360;  amended,  1937,  186. 

Sect.  84  revised,  1937,  219  §  5. 

Sect.  89,  sentence  added  at  end,  1934,  217  §  2. 

Sect.  98  amended,  1932,  145. 

Sect.  101  amended,  1936,  30  §  1.    (See  1936,  30  §  2.) 


734         Changes  in  the  General  Laws.      [Chaps.  277-280. 


Chapter  277.  —  Indictments  and  Proceedings  before  Trial. 

Sect.  2  amended,  1932,  144  §  6. 

Sects.  48  and  49  repealed,  1932,  180  §  44.  (See  G.  L.  chapter  276 

§  37A,  inserted  by  1932,  180  §  43.) 
Sect.  50  repealed,  1936,  161  §  1.  (See  1936,  161  §  3.) 
Sect.  65  amended,  1936,  161  §  2.  (See  1936,  161  §  3.) 
Schedule  of  forms  of  pleadings  at  end  of  chapter  amended, 

1934,  328  §  29. 

Chapter  278.  —  Trials  and  Proceedings  before  Judgment. 

Sect.  25  amended,  1937,  311. 
Sect.  33  amended,  1933,  265. 

Chapter  279.  —  Judgment  and  Execution. 

Sect.  1  amended,  1934,  205  §  1;  1935,  358  §  1;  second  paragraph 
amended,  1936,  434  §  2.  (See  1934,  205  §  3;  1935,  358  §  2.) 
Sect.  1A  amended,  1934,  205  §  2.  (See  1934,  205  §  3.) 
Sect.  3A  amended,  1935,  50  §  2,  437  §  2.  (See  1935,  50  §  6,  437 
§8.) 
Sect.  4  revised,  1935,  50  §  3,  437  §  3.  (See  1935,  50  §  6,  437  §  8.) 
Sect.  9  amended,  1932,  221  §  2. 
Sect.  11  amended,  1934,  328  §  28. 

Sect.  43  revised,  1935,  50  §  4,  437  §  4.  (See  1935,  50  §  6,  437  §  8.) 
Sect.  44  revised,  1935,  50  §  5,  437  §  5.  (See  1935,  50  §  6,  437  §  8.) 
Sect.  45  revised,  1935,  437  §  6.  (See  1935,  437  §  8.) 

Chapter  280.  —  Fines  and  Forfeitures. 

Sect.  2,  last  sentence  stricken  out,  1934,  364  §  2;    sentence  added 
at  end,  1935,  303  §  1.    (See  1934,  364  §  3;  1935,  303  §  2.) 
Sect.  6  revised,  1937,  251  §  1.    (See  1937,  251  §  2.) 


2IIl?  CUomntottui^altli  nf  iiaHHarhus^tta 


Office  of  the  Secretary,  Boston,  October  1,  1937. 

I  certify  that  the  acts  and  resolves  contained  in  this  volume  are  true 
copies  of  the  originals  on  file  in  this  department. 

I  further  certify  that  the  table  of  changes  in  general  laws  has  been 
prepared,  and  is  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  Joint  Committee  on  Rules  of  the  General  Court,  in 
accordance  with  the  provisions  of  General  Laws,  Tercentenary  Edition, 
chapter  3,  section  51. 

FREDERIC  W.   COOK, 
Secretary  of  the  Commonwealth. 


INDEX. 


A  Item  or 

•  Chap.  Section. 

Abatement  of  taxes  (see  Taxation). 

Absent  voting,  appropriation       .......     234  Page  251 

regular  town  elections,  at        .  .  .  .  .  .  .77  1-5 

right  to  vote  by,  certain  conditions  of,  liberalized      .  .  .     162  1, 2 

Acceptance,  nominations,  of  (see  Elections). 

statutes,  of  (see  Statutes). 
Accidents,   aircraft,   liability  of  owners  and  operators  of  aircraft 
in    case    of,    investigation    by    judicial    council    relative 
to       .......  .        Resolve         2 

industrial,  department  of  (see  Industrial  accidents,  department 

of). 
prevention  of,  rules  and  regulations  for,  making  by  department 

of  labor  and  industries  ......     249 

See  also  Labor,  health  and  safety  of  workers, 
workmen,  to,  compensation  for  (see  Workmen's  compensation). 
Accountants,  public,  registration  of,  appropriations        .  .  .     234  437, 438 

town,  temporary,  appointment,  bond,  etc.         ....     143  3 

Accounts,  cities  and  towns,  of  (see  Municipal  finance). 

claims,  and,  unclassified,  appropriations  .  .  .  .  i  ^^^  7^0 

counties,  of  (see  County  finance). 

director  and  di\dsion  of  (see  Corporations  and  taxation,  depart- 
ment of). 

public  (see  County  finance;    Municipal  finance;    State  finance). 
ACTIONS,    CIVIL: 

attachment  of  motor  vehicles  on  mesne  process  in  actions  of 

contract,  further  regulated    ......     295  1,  2 

district  courts,  in,  old  papers  and  documents  in,  destruction  of 

certain        .  .  .  .  .  .  .  .  .       59 

trial    by    juries    of    six,    investigation    and    study    relative 

to       .......  .        Resolve       56 

executors  and  administrators  of  deceased  defendants  in,  the 
cause  of  which  survives,  citation  of,  and  time  of  bringing 
certain  of  such  actions  against  executors  and  adminis- 
tntors .     406  1-3 

hairdressers,  registered,  and  certain  operators  and  registered 
shops  under  hairdressing  law,  so  called,  against,  certain, 
time  within  which  may  be  commenced  ....     385  9,  10 

judgments  in,   actions   on,   in   certain  motor  vehicle  accident 

cases,  certain  presumptions  in        ....  .     439  1,  2 

vacating,  in  case  of  death  of  defendant  in  certain  instances     .     406  1 

limitation  of  actions,  death,  actions  for,  payment  of  judgment 
in  which  is  required  to  be  secured  under  compulsory  motor 
vehicle  liability  insurance  law,  so  called,  against  executors 

or  administrators  of  deceased  defendants  in    .  .  .     406  2,  3 

See  also,  supra,  hairdressers,  etc. 

motor  vehicle  accident  cases,  service  of  process  on  certain  de- 
fendants in  ........     387 

See  also,  infra,  tort  actions  arising  out  of  operation  of  motor 
vehicles. 

motor  vehicles,  attachment  of,  on  mesne  process  in  actions  of 

contract,  further  regulated    ......     295  1,  2 

small  claims  procedure  in  certain,  made  more  effective       .  .     310 

supplementary  proceedings  in,  entry  fee  for,  reduced  .  .     188 

survival  of  actions  (see  Survival  of  actions). 

tort  actions  arising  out  of  operation  of  motor  vehicles,  auditors 
in,  in  district  courts,  appointment  of,  investigation  and 
study  relative  to       .  .  .  .  .        Resolve       55 

appropriation       ........     445  36m 

costs  in  certain,  relative  to  ......       44  1,2 


738 


Index. 


ACTIONS,    CIVIL  —  Conchided. 

tort  actions  arising  out  of  operation  of  motor  vehicles,  filing  in 
district  courts  by  plaintiffs  in,  of  claims  of  trial  by  superior 
court,  time  of       .......  . 

presumption  as  to  responsibility  of  defendant  in,  for  conduct 
of  operator,  etc.,  of  vehicle  if  registered  in  name  of  de- 
fendant as  owner  ....... 

service  of  process  on  certain  defendants  in    . 
See  also  Appeals;    Attachments;    Continuances;    Equity;    Evi- 
dence;   Practice  in  civil  actions;    Trustee  process. 
Acts  and  resolves,  blue  book  edition  of,  appropriation  . 

number  passed  by  general  court      ...... 

pamphlet  edition  of,  appropriation  ..... 

vetoed  by  governor         ........ 

See  also  Laws;  Statutes. 
Adams,  town  of  (see  Cities  and  towns). 
Adjutant  general  (see  Militia). 
Administration,   estates  of  deceased  persons,   of   (see  Estates  of 

deceased  persons). 
ADMINISTRATION   AND   FINANCE,   COMMISSION    ON: 

in  general,  appropriations       ....... 

confidential    secretary,    appointment    and    removal    by   each 
commissioner  of  ....... 

printing  and  binding,  state,  persons  employed  in,  register  of, 

powers  and  duties  as  to         . 
rheumatism,  chronic,  hospitalization  of,  rules  and  regulations 

of  department  of  public  health  as  to,  approval  by   . 
unemployment    compensation    commission,    publications    of, 
subject  to  approval  of  ...... 

chairman,  historical  publications,  state,  certain,  disposition  of, 
powers  as  to         .  .  .  .  .  .        Resolve 

rules  and  regulations  of  state  departments,  commissions,  etc., 
requiring  approval  of,  by  general  court,  special  commis- 
sion to  investigate  relative  to,  to  be  member  of     Resolve 
comptroller,  alcoholic  beverages  control  commission,  refunding  by, 
of  part  of  a  certain  license  fee,  certification  by  Resolve 

bridges  damaged   by  floods,  repair  or  reconstruction  by  de- 
partment  of  public   works  of   certain,   payment  of  lia- 
bilities incurred  in,  certification  for,  by  ... 
contracts,  state,  certain  orders  and  claims  in  connection  with, 
filing  with,  etc.    ........ 

Grand   Army   of   the    Republic,    Department    of   Massachu- 
setts, certain  payments  to,  by  commonwealth,  vouchers 
to       .......  .        Resolve 

north   metropolitan   sewerage   district,   additional   sewers  in, 

construction  of,  vouchers  for  expenditures  for,  filing  with 

state  tax,  apportionment  and  assessment  of,  duties  as  to 

personnel  and  standardization,  division  of,  officer  in  charge  of, 

appointment  and  removal  by,  of  a  confidential  secretary 

Administrative  committee,  district  courts,  of,  appropiiation 

probation   officers  appointed   for  Boston   juvenile   court   and 

district   courts  in  Suffolk  county  other   than  municipal 

court  of  city  of  Boston,  compensation  of,  approval  by 

probate  courts,  of,  appropriation     ..... 

Administrators  (see  Executors  and  administrators). 
Adulteration,  cheese,  of      ......  . 

frozen  desserts  and  ice  cream  mix,  of        ...  . 

Advertisements,  chiropodists  (podiatrists),  of,  certain,  to  be  deemed 
"unprofessional  conduct"     ..... 

dentists,  dental  hygienists  and  other  persons  practicing  dentistry 
of,  certain,  prohibited  ..... 

eye  glasses,  lenses  or  eye  glass  frames,  sale  of,  as  to,  regulated 
Fair  Trade  Law,  so  called,  provisions  of,  relating  to    . 
Advisory  council,  state,  establishment,  powers,  duties,  etc.   . 
Agawam,  town  of  (see  Cities  and  towns). 
Age,  discrimination  as  to,  in  employment,  prohibited 

in  examinations  of  applicants  for  licenses  to  operate  motor 
vehicles,  prohibited       ...... 

Aged  persons,  adequate  assistance  to  (see  Old  age  assistance,  so 
called). 


Chap. 


133 


439 
387 


Item  or 
Section. 


1.2 
1.2 


234 
234 


201 

Page  656 

201 

Pages  656,  657 


234 
434 

151-154; 
Page  251 
152a-153 

414 

1 

373 

393 

421 

1,  Subs.  46 

14 

25 

15 

434 

Page  588 

407 

433 

444 


414 
234 


186 
234 

335 

341 

425 

253 

287 
398 
421 

367 

284 


1 

58 


65 


2 
3.4 


9 


1.2 

1,  Subs.  45 
1,2 


I 


Index.  739 

Item  or 
Chap.  Section. 

Agricultural  experiment  station,  Massachusetts  (see  Massachu- 
setts agricultural  experiment  station). 
Agricultural  resources,  commonwealth,  of,  promotion  and  develop- 
ment of,  commission  for,  establishment,  etc.   .  .  .      427 

appropriation     .........     445  465a, Page  611 

Agricultural  school,  Bristol  county  (see  Bristol  county). 
Essex  county  (see  Essex  county). 
Norfolk  county  (tee  Norfolk  county). 
Agricultural  seeds,  sale  further  regulated     .....     288  1,  2 

AGRICULTURE,   DEPARTMENT    OF: 

f  234  235-264 

in  general,  appropriations     .  .  .  .  .  .         .  i  aoa  (      252,  252a; 

[  ^"^^  \        Page  585 
prizes  for  elimination,  etc.,  of  insect  pests,  offering  by  415  1 

special  commission  to  investigate  laws  relating  to  milk  and  milk 
products,  etc.,  to  avail  itself  of  services  of  regular  clciical 

staff  of _  Resolve       68 

commissioner,     Massachusetts    development    and    industrial 

commission,  to  be  member  of         ....  .     427 

seeds,  agricultural,  sale,  etc.,  of,  powers  and  duties  as  to  .     288  1,  2 

Soil  Conservation  and  Domestic  Allotment  Act,  co-operation 
with   federal  government  in  carrying  out  provisions  of, 
powers  and  duties  as  to         .  .  .  .  .  .     374  2 

divisions,  etc.,  of: 

dairying  and  animal  husbandry,  appropriations      .  .  .     234  241-244 

livestock  disease  contiol,  appropriations         ....     234  253-259 

1  •     ■  r  234  247    248 

markets,  appropriations       .  .  .  .  .  .  .  ^  '7^4.  -p      '  kck 

milk  control  board  (see  Milk  control  board). 

plant  pest  control,  appropriations  .....     234  245,  246 

reclamation,  soil  survey  and  fairs,  appropriations  .  .     234  249-251 

Aid,  state  and  military  (see  State  aid,  military  aid  and  soldiers'  relief), 
state,   and   pensions,   commissioner  of   (see  State  aid  and  pen- 
sions, commissioner  of). 
See  also  Mothers  with  dependent  children,  aid  to;  Old  age  assist- 
ance, so  called. 
Aid  and  relief,  division  of  (see  Public  welfare,  department  of). 
Aircraft,  liability  of  owners  and  operators  of,  in  ease  of  accident,  in- 
vestigation by  judicial  council  relative  to         .        Resolve         2 
Airport,  East  Boston,  borrowing  of  money  by  city  of  Boston  for 
purposes  of,  extension  of  time  for  .... 

development,  further,  of,  investigation  relative  to      .        Resolve 

leases  of  certain  state  lands  to  city  of  Boston  for  purposes  of, 

extension  of  certain      .....        Resolve 

Airports,  proper  planning,  location  and  development  of,  investigation 
relative  to  ......        Resolve 

appropriation     ......... 

Alcohol,  in  general,  sale  or  delivery  to  minors,  penalty   . 
transportation  and  delivery  in  trucks,  permits  for 
methyl  or  wood,  so  called,  term  of  licenses  for  dealing  in,  and 
certain  preparations  containing  such  alcohol,  and  labelling 
of  same  .  .  .  .  .  .  .  .177  1,2 

ALCOHOLIC    BEVERAGES: 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of : 
applications  for  license  for  retail  sale  of,  to  be  exercised  on 

same  premises,  not  to  exceed  one  in  any  calendar  year     .     291 
delivery,  minors,  to,  penalty         ......     424  5 

trucks,  in,  permits  for      .......     418 

draught,  sale  of  malt  beverages  on,  taps  used  for,  labelling  of     264 
excise  upon  certain  corporations,  associations,  etc.,  engaged  in 

sale  of,  investigation  relative  to     .  .  .        Resolve       58 

fees,  refunding  of  certain,  alcoholic  beverages  control  commis- 
sion, bv  ......        Resolve       15 

city  of  Boston,  by 10  1,2 

holidays,  legal,  sales  on  certain,  by  package  stores,  so  called, 

hours  for 268 

hours  for  sale  by  package  stores,  so  called,  on  certain  legal 

holidays 268 

labelling  of  taps  used  for  sale  of  malt  beverages  on  draught     .     264 
licenses  and  permits: 

in  general,  applications,  when  to  be  acted  upon  .  .     424  ? 


160 
24 

1-3 

72 

59 
445 
424 
418 

36o 
5 

55 

424 

14 

1.2 

3 

1.2 

291 
424 

1,2 

424 
424 
424 

3 

1.2 

3 

291 
424 

1.  2 

740  Index. 

Item  or 
Chap.  Section. 

ALCOHOLIC    BEVERAGES  —  Continved. 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of  —  Continued. 
licenses  nnd  permits  —  Concluded. 

sales,  in  general,  wines  and  malt  beverages,  of,  in  town  of 
Essex,  question  of  granting  licenses  for,  voting  on,  by 
said  town  at  its  annual  town  meeting  in  current  year   . 
retail,  not  to  be  drunk  on  premises,  number 

Boston,  in  ......  . 

premises,  same,  to  be  exercised  on,  not  more  than  one 
application  therefor  to  be  received  in  any  calen- 
dar year  ....... 

renewal  .  .  .  .  .  .  .      _     • 

seasonal,  estimating  temporary  increased  population 
for  purposes  of        .....  . 

renewal     ........ 

to  be  drunk  on  premises,  number        .... 

premises,  same,  to  be  exercised  on,  not  more  than  one 
application  therefor  to  be  received  in  any  calen- 
dar year  ....... 

renewnl  .  .  .  .  .  .         _  ■ 

restaurants,    fixtures,   equipment,    etc.,   required    to 
be  on  premises  of,  filing  of  plans  of,  in  certain 
cases  .  .  .  .  .         _ .  •     424  6,  7 

renewals  of  common  victuallers'  licenses  in  con- 
nection with,  appeal  in  certain  cases  of  rejection     331 
seasonal,  estimating  temporary  increased  population 
for  purposes  of         ....  . 

renewal     ....... 

storing  and  warehousing,  for,  issuance  to  public  warehouse- 
men ......... 

transportation  permits     .  .  .  .  .  . 

malt  beverages,  sale  on  draught,  taps  used  for,  labelling  of 

See  also,  infra,  wines  and  malt  beverages  only, 
minors,  sale  or  delivery  to,  penalty       .... 

number  of  certain  licenses  that  may  be  issued 

package  stores,  so  called,  number  of  licenses  for,  in  city  of 
Boston        ........ 

sales  by,  on  certain  legal  holidays,  hours  for 
restaurants,  fixtures,  equipment,  etc.,  required  on  premises  to 

be  licensed,  filing  of  plans  of,  in  certain  cases  .  .     424  6,  7 

renewals  of  common  victuallers'  licenses  in  connection  with 

licenses  for,  appeal  in  certain  cases  of  rejection  .  .     331 

See  also,  infra.,  sales,  retail,  to  be  drunk  on  premises, 
sales,  in  general,  Essex,  town  of,  voting  by,  at  its  annual  town 
meeting  in  current  year  on  question  of  granting  licenses 
for  sale  therein  of  wines  and  malt  beverages         .  .55  1, 2 

minors,  to,  penalty       .  .       _    .  .  .         _ .  .     424  5 

retail,  in  general,  premises,  same,  licenses  to  be  exercised  on, 
not  more  than  one  application  therefore  to  be  received 
in  any  calendar  year  .  .  .  .  .  .291 

not  to  be  drunk  on  premises,  legal  holidays,  certain,  on, 

hours  for  ........     268 

to  be  drunk  on  premises,  malt  beverages,  sale  on  draught, 

labelling  of  taps  used  for  .  .  .  .     _      .     264 

tips  or  gratuities  given  to  hat-check  and  cigarette  girls, 
etc.,  on  premises  licensed  for,  beneficiaries  of,  mis- 
leading of  patrons  as  to,  prevention  of      .  .  .     342  1,  2 
See  also,  supra,  licenses  and  permits,  sales, 
seasonal  licenses,  estimating  temporary  increased  population 
for  purposes  of    . 
renewal           .          .          .          .          ■         _  •          •          •        _  • 

storing  and  warehousing  of,  permits  for,  issuance  to  public 

warehous  men     .  .  .  _       .  .         _  •      _    • 

summer  resorts,  sale  at,  seasonal  licenses  for,  estimating  tem- 
porary increased  population  in  case  of         .  .  . 
renewal       .          .          .          .          .          •          •      _    • 

taps  used  for  sale  of  malt  beverages  on  draught,  labelling  of 
tips  or  gratuities  given  to  hat-check  and  cigarette  girls,  etc., 
on  certain  premises  licensed  for  sale  of,  beneficiaries  of, 
misleading  of  patrons  as  to,  prevention  of        .  .  . 

transportation  and  delivery  in  trucks,  permits  for  . 


.  424 
.  424 

3 

1,  2 

'.  424 

.  418 
.  264 

4 

.  424 
r  14 
•  1424 
)f 

5 

1.  2 

3 

.   14 
.  268 

1.  2 

424 
424 

3 

1.  2 

424 

4 

424 
424 
264 

3 
1.  2 

342 
418 

1,2 

Index 


741 


ALCOHOLIC    BEVERAGES  —  Cancluded. 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of  —  Conclmlcd. 
wines  and  malt  beverages  only,  licenses  for  sale  of,  number 
question  of  granting  licenses  for  sale  of,  in  town  of  Essex, 
voting  on,  by  said  town  at  its  annual  town  meeting  in  cur- 
rent year    ......... 

ALCOHOLIC    BEVERAGES    CONTROL    COMMISSION: 

appeals  to,  from  action  of  local  licensing  authorities  in  rejecting 
applications  for  renewal  of  common  victuallers'  licenses  in 
certain  cases        ........ 

appropriations       ......... 

common  victuallers,  licenses  of,  fixtures,  equipment,  etc.,  re- 
quired on  premises,  plans  of,  in  case  of  certain  applica- 
tions for,  filing  with,  etc.       .  ... 

confidential  secretary,  appointment  and  removal  by  . 

powers  and  duties,  in  general  ...... 

refunding  of  part  of  a  certain  Hcense  fee  to  Charles  J.  Draper  of 
Belmont,  ordering  by  .  .  .  .  .        Re.solve 

See  also  Alcoholic  beverages. 
ALDERMEN: 

election  officers,  temporary  additional,  appointment  of,  approval 

by      . 

primaries,  city,  notice  of,  to  state  secretary  by 
See  also  City  councils;    Mayor  and  aldermen. 
Amendments,  constitutional  (see  Constitution,  commonwealth 

of). 
American  form  of  government,  movements  subversive  to  our 
organizations  promoting,   furthering  or  participating  in 
activities  of,  investigation  relative  to      .  .        Resolve 

appropriation     ........ 

Americanization,  immigration  and,  division  of  (see  Education 

department  of). 
American  Missionary  Association,  The,  a  New  York  corpora- 
tion, incorporation  of  The  IBoard  of  Home  Missions  of  the 
Congregational  and  Christian  Churches,  as  affecting 
Amesbury,  town  of  (see  Cities  and  towns). 

Ammunition,  deer,  adapted  to  hunting  of,  possession  of,  in  certain 
cases  to  be  prima  facie  evidence  of  unlawful  hunting  of 
deer  .......... 

Andover,  town  of  (see  Cities  and  towTis). 

Animal  husbandry,  dairying  and,  division  of  (see  Agriculture, 

department  of) . 
Animals,  inspection  of,  reimbursement  of  certain  towns  for,  appro- 
priation      ......... 

See  also  Game  and  inland  fisheries;   and  specific  titles  of  animals. 
Annuities  (see  Insurance;    Retirement  systems  and  pensions). 
Anti-rabic  vaccine,  furnishing  of,  and  treatment  of  certain  persons, 
furnishing  by  local  boards  of  health        .... 

Apiaries,  insijcction  of,  appropriation   ...... 

APPEAL,    BOARDS   OF: 

appellate  tax  board,  creation,  powers,  duties,  etc. 

fire  insurance  rates,  on,  appropriation       ..... 

motor  vehicle  liability  policies  and  bonds,  on,  appropriations 

findings,  certain,  by,  relative  to  . 
old  age  assistance,  so  called,  in  matters  relating  to,  membership, 

powers,  duties,  etc.       ....... 

tax   appeals,    abolished,    and   succeeded   by   the   appellate   tax 

board  ......... 

appropriations  ......... 

Waltham,  city  of,  certain  taxes  assessed  by,  to  Waltham  Watch 
Company,  funding  by  said  city  of  payments  to  said  com- 
pany of  so  much  of  said  taxes  as  may  be  abated  by,  etc. 
Appeals,   alcoholic  beverages  control   commission,  to,   from  action 
of  local  licensing  authorities  in  rejecting  applications  for 
renewal  of  common  victuallers'  licenses  in  certain  cases 
county   commissioners,   to,   decisions  of   boards  of  health  with 
respect  to  nuisances,  from   ...... 

criminal  cases,  in,  withdrawal  of      .....  . 


Chap. 


Item  or 
Section. 


3 

1,  2 


/170,  171; 
\  Page  251 


6,  7 
1 

1-7 


424 


55 


331 

234 


424 

414 

418 

.424 

15 


27 
24 


32 
434  36h,  Page  584 


166 


324 


234 


3-5 


260 


375 

234 

240 

400 
234 
234 
434 
390 

1-7 
316 
314 
314 

440 

2,3 

400 
234 
434 

1-7 
221,222 
221,222 

386 


331 


278 
311 


2,  2A 


742 


Index. 


Appeals  —  Conchtded, 

district  courts,  to,  unemployment  compensation  law,  under 
superior  court,  to,  criminal  cases,  in,  withdrawal  of  . 

labor  and  industries,  commissioner  of,  decisions  of,  as  to  em- 
ployers discriminating  against  certain  persons  in  employ- 
ment on  account  of  their  age,  from 
labor  relations  act,  state,  under  .... 
milk  control  board,  from  ..... 
minimum  wage  law,  under  .... 

supreme  judicial  court,  to,  milk  control  board,  from 
unemployment  compensation  law,  under 
Appellate  tax  board,  creation,  powers,  duties,  etc. 
Appropriations,  cities  and  towns,  by  (see  Municipal  finance), 
counties,  for  maintenance  of  certain,  etc. 

state  departments,  boards,  commissions,  institutions,  etc.,  for 
maintenance  of,  etc.     ....... 

Resolve 

See  also  specific  titles  of  departments,  boards,  commissions, 

institutions,  etc.:   State  finance. 

Apremont  park,  Westfield,  city  of,  in,  acquisition  and  development 

as  a  war  memorial  and  removal  thereto  of  a  certain  existing 

memorial    ......... 

appropriation     ......... 

Arbitration,  conciliation  and,  board  of  (see  Labor  and  indus- 
tries, dcpa  tm'^nt  of). 
Archives,  Massach'Jsetts,  reproduction  of  manuscript  collection, 
approp  iatinn       ........ 

Arlington,  town  of  (see  Cities  and  towns). 

Armories,  appropriations    ........ 

Chicopee,  city  of,  erection  in,  investigation  relative  to     Resolve 
Lawrence,  city  of,  land  in,  acquisition  for  purposes  of,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve 

Melrose,  city  of,  erection  in,  investigation  relative  to       Resolve 
superintendent  of,  appropriation      ...... 

See  also  Militia. 
ARMORY   COMMISSION: 

establishment,   powers,   duties,   etc.  ..... 

investigation  by,  relative  to  erection  of  armories  in  Melrose  and 
Chicopee  and  relative  to  acquisition  of  land  in  Lawrence 
for  armorv  purposes  therein  .  .  .        Resolve 

ARMORY   COMMISSIONERS: 

abolished  and  an  armory  commission  established 
appropriations       ......... 

Chelsea,  city  of,  certain  land  in,  conveyance  by  said  city  to  com- 
monwealth for  armory  purposes,  acceptance  by 
See  also  Militia. 
Arms  (see  Weapons). 
Army  nurses,  pensions  and  retirement  allowances,  non-contributory, 

for,  ultimate  abolition  of,  advancement  of  date  for 
Arrest,  extra-territorial,  on  fresh  pursuit,  law  as  to,  made  uniform, 
and  commonwealth  authorized  to  co-operate  with  other 
states  in  connection  therewith        .... 

interstate  rendition,  uniform  law  as  to,  under  . 

warrant  for,  issuance  of  summons  instead  of,  in  certain  prosecu 

tions  for  violation  of  motor  vehicle  laws 
witnes.ses  from  without  a  state,  attendance  in  criminal  proceed- 
ings, uniform  law  securing,  exemption  of  witnesses  under, 
from  ....... 

Arsenal,  superintendent  of,  appropriation 
Arsenate  of  lead,  tent  caterpillar  suppression,  furnishing  at  cost 
by  cities  and  towns  for  ..... 

Art,  Massachusetts  school  of  (see  Massachusetts  school  of  art), 
works  of,  tax  exemption  ...... 

ART    COMMISSION: 

appropriation         .  .  .  .  .  .  .        _  . 

Disabled  American  Veterans  of  the  World  War,  official  insignia 

of,  mural  painting  representing,  in  state  house,  placing  of 

bronze  lettering  under,  direction  by,  etc.         .        Resolve 

appropriation  .  .  .  .  .  .  .  . 

Storrow,  James  Jackson,  tablet  commemorating  public  services 
rendered  by,  acceptance  by  commonwealth  and  placing 
thereof  in  state  house,  powers  as  to        .         .       Resolve 


Item  or 

hap. 

Section. 

421  1, 

Subs.  30,  32 

311 

367 

2 

436 

9,  10 

428 

5,  11 

401 

1,  Subs.  14 

428 

5 

421  1 

Subs.  30-33 

400 

1-7 

320 

1.2 

234 

1-8 

434 

1-5 

445 

1-3 

3 

389 

445  217a,Page610 


234 


197 


/2.34 

\434 

34 

143, 144 
143 

34 

34 

234 

139 

300 

1,2 

34 


300 
234 


256 


102 


208 
304 


230 


1,2 
155-157 


1,2 
1.3 

1.2 


210 
234 

1 

137 

415 

10,  11 

132 

234 

167 

18 
434  163b.Page  583 

10 


Index.  743 


1 

1,  2 

129 

3 

444 

2-4 

Item  or 
Chap.  Section. 

ART   COMMISSION  —  Concbided. 

world  war  mothers,  mural  painting  commemorating  sacrifices  of, 
making   and   placing   of,   in   state   house,    direction    by, 
etc.    ........        Resolve       19 

appropriation  .  .  .  .  .  .  .  .     434 163c,  Page  583 

Articles,  sale  or  resale  of,  regulation  of,  provisions  as  to,  under  Fair 

Trade  Law,  so  called  .......     398 

Artificial  flowers,  sale  by  hawkers  and  pedlers       ....     130 

Assabet  river,  sanitary  condition  of,  investigation  relative  to  Resolve       66 

appropriation     .........     445  36q 

Assault,  payment  of  workmen's  compensation  in  certain  cases  of      .     370  1 

Assessed  polls,  returns  of  number  of,  by  registrars  of  voters  to  state 

secretary  and  bv  him  to  general  court,  discontinued  .21  1,2 

ASSESSORS   OF   TAXES: 

appeals  from  decisions  of  (see  Appellate  tax  board;  Tax  appeals, 

board  of), 
assistant  assessors,  appointment,  etc.        .  .  .  .  .     129  1-4 

corporation  taxes,  certain,  distribution  to  cities  and  towns,  in- 
formation, etc.,  in  connection  with,  to  commissioner  of 
corporations  and  taxation  by         .....     108  1 

income  taxes,  certain,  proceeds  of,  payable  to  cities  and  towns, 

to  include  as  an  estimated  receipt  .....     395  3 

listing,  annual,  by,  of  male  persons  seventy  years  of  age  or  older, 
continuance  of,   notwithstanding   their  exemption   from 
payment  of  poll  taxes  ...... 

powers  and  duties  as  to  assistant  assessors        .... 

state  tax,  apportionment  and  assessment  of,  duties  as  to     . 
tent  caterpillar  suppression,  assessment  of  taxes  for,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     415  6B,  7 

See  also  Taxation,  local  taxes. 
Assistance,  aged  persons,  certain,  to  (see  Old  age  assistance,  so  called). 
Associated  Charities  of  Pittsfield,  funds,  certain,  transfer  to  Berk- 
shire Coimty  Home  for  Aged  Women  by  .  .  .      137  1-3 
Associations,    partnerships    and   trusts    having   transferable 
shares,   shareholders,  lists  of,  etc.,  filing  with  commis- 
sioner of  corporations  and  taxation  by    .           .           .           .     395  3 

taxation  of,  investigation  relative  to  .  .  .        Resolve       58 

Atlantic  avenue  section,  so  called,  elevated  railway  structure  in 
city   of   Boston,    of,    removal   of,   investigation   relative 

to       . Resolve       22 

Attachment,  motor  vehicles,  of,  on  mesne  process  in  actions  of  con- 
tract, further  regulated  ......     295  1,  2 

personal  property,  of,  keepers,  appointment  of  .  .  .     308 

property,  of,  by  trustee  process  (see  Trustee  process). 

real  estate,  of,  affecting  registered  land,  relative  to      .  .  .     144  1,  2 

Attleboro,  city  of  (see  Cities  and  towns). 

Attorney,  service  of  process,  for,  registrar  of  motor  veliicles  as  .  .     387 

ATTORNEY    GENERAL: 

[234/         230-234; 
appropriations       .........-[(        Page  251 

[434  231;  Page  585 
Boston,  city  of,  authorization  of,  by  superior  court  to  use  for 
general  purposes  of  Suffolk  county  certain  sum  of  money 
now  in  custody  of  said  city,  notice  to     .  .  .  .      128  1 

escheated  estates  of  certain  deceased  persons,  payment  from 

state  treasury  of  balances  of,  under  direction  of    Resolve       39 

interstate  rendition,  uniform  law  as  to,  powers  and  duties  under  .     304  /      '     ,q   QnT 

interstate  waters  used  for  drinking  purposes,  protecting  purity 
of,  special  commission  to  investigate  relative  to,  to  be  or 
to  designate  a  member  of      .  .  .  .        Resolve       51 

Madden,  John,  death  of,  payment  of  a  sum  of  money  by  city  of 

Boston  on  account  of,  investigation  relative  to,  by  Resolve       45 

Massachusetts  Hospital  School,  conveyances  by  trustees  of,  of 
certain  land  in  town  of  Canton,  approval  of  form  of  deeds 
of,  by  .  .  .  .  .  .  .     175 

Medfield  state  hospital,  trustees  of,  conveyance  by,  of  certain 

land,  form  of  deed,  etc.,  approval  by      .  .  .  .     329 

securities,  sale,  etc.,  of,  laws  relative  to,  special  commission 
to  survey  and  study,  to  be  or  to  designate  a  member 
of      .......  .        Resolve       37 

state  treasurer,  bond  of.  as  treasurer  and  custodian  of  unem- 
ployment compensation  funds,  sureties  on,  to  be  satis- 
factory to 421   1,  Subs.  39. 42 


744  Index. 

Item  or 
Chap.  Section. 

ATTORNEY    GENERAL  —  Condnded. 

unemployment   compensation   commission,   to   represent,   or   to 

designate  an  attorney  at  law  to  represent,  in  actions,  etc.  .     421        1,  Subs.  32 
voters,  registration  of,  special  commission  to  investigate  relative 

to,  to  be  or  to  designate  a  member  of     .  .        Resolve       67 

Attorneys,  fees  for  services  of,  under  unemployment  compensation 

law 421        1,  Subs.  25 

See  also  Massachusetts  bar. 
Audit,  municipal  accounts,  of  (see  Municipal  finance). 
Auditors,  appointment  in  motor  vehicle  tort  cases  in  district  courts, 

investigation  and  study  relative  to  .  .        Resolve       55 

appropriation     .........     445  36m 

AUDITOR,    STATE: 

/234  227-229 

appropriations       .  ........  i  aoa  228 

Automobiles  (see  Motor  vehicles). 

Aviation,  definite  policy  and  program  with  respect  to,  investigation 

relative  to  ......        Resolve      59 

appropriation  ........     445  36o 

See  also  East  Boston  airport. 

B. 

Babies  (see  Infants). 

Baby  Wagner  Act,  so  called      .         .         .         .  436  1-16 

Baggage,  checking  of,  tips  given  for,  beneficiaries  of,  misleading  of 

patrons  of  certain  places  as  to,  prevention  of   .  .  .     342  1.2. 

Bail,  admission  to,  under  uniform  interstate  rendition  law  .  .     304  I    '    20E  20F 

interstate   rendition   of   persons   charged   with   having   broken 

terms  of,  etc.,  uniform  law  as  to  .  .  .  .     304  1—3 

Baker  and  Horton  Cemetery  Association,  property  of,  town  of 

Rehoboth  authorized  to  receive  and  administer,  etc.  .       75  1-4 

Bakeries,  law,  certain  provisions  of,  relative  to,  position  of,  in  Gen- 
eral Laws  changed        .......     362  1-7 

BALLOT   LAW   COMMISSION: 

appropriation         .........     434  167a 

decisions  by,  time  within  which  to  be  rendered  .        _  .  _         .  .     227 

objections  to  nominations  for  state  offices,  transmission  to,  and 

sending  of  notices  of  such  objections  to  interested  parties     212  1,  2 

proportional  representation  and  preferential  voting,  election  of 
city  and  town  officers  by,  ballots  used  in,  modification  of, 
etc.,  approval  by  .......     345  Subs.  16 

Ballots  (see  Election). 

Band  concerts,  appropriation      .......     234  741 

BANKING   AND    INSURANCE,    DEPARTMENT   OF: 

/234  308-318 

in  general,  appropriations     .  .  .  .  .  .         .  |  ^3^  214  315 

banks  and  loan  agencies,  division  of: 

in  general,  appropiiations    .......     234  308-312 

commissioner  of  banks,  closed  banks,  liquidation  of  certain,  f  170 
payment  of  dividends  in,  by  .  .  .  .     _     .  \  371 

co-operative  banks,  consolidation  of,  with  approval  of,  time 

limit  on,  eliminated      .......      174 

federal  housing  administrator,  loans  insured  by,  making  by 

banking  institutions,  powers  as  to  .  .  .  .     240 

real  estate  acquired  by  savings  banks  and  savings  depart- 
ments of  trust  companies  by  foreclosures  of  mortgages  or 
at  certain  sales,  time  for  holding  of ,  extensions  of,  by  .     274  1,2 

savings  banks,  investments  by,  in  real   estate   mortgages, 

powers  and  duties  as  to  .  .  .  .  .  .      180 

unemployment  compensation  fund,  investment  board  for, 

to  be  member  of  .......     421        1,  Subs.  41 

supervisor  of  loan  agencies,  appropriations    ....     234  311,  312 

insurance,  division  of: 

(234  313—315 

in  general,  appropriations    .  .  .  .  .  .  .  |  ^34  214  315 

commissioner  of  insurance,  brokers,  licenses  for,  exemption  of 
widows  of  certain  war  veterans  from  payment  of,  powers 

as  to 260 

federal  housing  administrator,  loans  insured  by,  making  by 
insurance  companies,  powers  as  to  .  .  .  .     240 


Index.  745 


BANKING  AND  INSURANCE,  DEPARTMENT  OF  —  Concluded. 
insurance,  division  of  —  Concluded. 

commissioner  of  insurance,  motor  vehicle  liability  policies  or 
bonds,  premiums  on,  payment  in  instalments  under  plans, 
rates  and  charges  approved  by  .  .  .  .314 

renewal  of,  certain  powers  in  connection  with  .  .  .     390 

retirement  system,  contributory,  for  employees  of  com- 
monwealth and  of  metropolitan  district  commission, 
special  commission  to  investigate  as  to  advisability  of 
revising  provisions  of  General  Laws  relating  to,  to  be 
member  of  ......        Resolve 


Item  or 
Chap.  Section. 


26 

57 

2-4 

336 

18,  21 

336 

7 

retirement  systems,  city  and  town,  powers  and  duties  as  to  . 

county,  powers  and  duties  as  to     . 
Society  of  St.  Mary  of  the  Peace,  change  of  location  of  place 
of  business  of,  from  Waltham  to  Watertown,  approval 

by 161 

savings  bank  life  insurance,  division  of: 

appropiiations   .........     234  317,  318 

BANKS    AND    BANKING: 

in  general,  closed  banks,  payment  of  dividends  in  liquidation  of 
certain,  minors,  certain,  to,  and  to  next  of  kin  of  certain 
deceased  persons  .  .  .  .  .  .  .170 

removal  of  certain  restrictions  as  to  .  .  .  .     371 

dividends  on  shares  in  certain  banking  associations,  taxation 

of .  .  .395  1,4 

fraudulent  checks,  drafts  or  orders,  making,  drawing,  etc.        .       99 
co-operative  banks,  consolidation  of,  time  limit  on,  eliminated     174 

dissolution  of  certain  .......     239  1-4 

loans  upon  real  estate  by,  differing  from  ordinary  co-operative 

bank  loans  ........     233 

insured  by  federal  housing  administrator,  making  by  .  .     240 

federal  reserve  bank  of  Boston,  unemployment  compensation 

fund,  deposit  in,  etc.    .  .  .  .  .  .  .     421         1,  Subs.  41 

national  banks,  stock  of,  investment  in,  by  savings  banks  and 
savangs  departments  of  trust  companies,  law  relative  to, 
clarified       .  .  .  .  .  .  .  ...       87 

savings  banks,  investments  by,  bank  stocks,  certain,  in,  law 

relative  to,  clarified      .......       87 

public  utility  bonds,  certain,  in  .  .  .  .  .96 

railroad  bonds,  certain,  in,  requirements  for,  further  modified       56  1,2 

real  estate  mortgages,  in,  requirements  for,  modified  .  .      180 

loans  insured  by  federal  housing  administrator,  making  by      .     240 
real  estate  acquired  by  foreclosure  of  mortgages  or  at  certain 
sales,  holding  by,  period  of  time  for,  and  exemption  from 

taxation  of  their  deposits  invested  in  such  real  estate        .     274  1,  2 

taxation  of  deposits  in,  investigation  relative  to     .        Resolve       58 
See  also  Banking  and  insurance,  department  of,  savings  bank 
life  insuianco,  division  of. 
trust  companies,  deposits,  insured,  in,  subrogation  of  Federal 
Deposit    Insurance   Corporation    to    certain   rights   after 
payment  of  .......  . 

dissolution  of  certain  ....... 

Federal    Deposit   Insurance   Corporation,   subrogation   of,   to 

certain  rights  after  payment  of  insured  deposits  in 
loans  insured  by  federal  housing  administrator,  making  by 
savings  department,  investment  of  deposits  in,  bank  stocks, 
certain,  in,  law  relative  to,  clarified     .... 

public  utility  bonds,  certain,  in      . 

railroad    bonds,    certain,    in,    requirements    for,    further 
modified  ........ 

real  estate  acquired  by  foreclosure  of  mortgages  or  at  certain 
sales,  holding  by,  period  of  time  for,  and  exemption  of 
deposits  thereof  invested  in  such  real  estate    . 
taxation  of  deposits  in,  investigation  relative  to         Resolve 
stockholders  of,  double  liability,  so  called,  of,  eliminated 
stock  of,  investment  in,  by  savings  banks  and  savings  depart- 
ments of  trust  companies,  law  relative  to,  clarified   .  .       87 
See  also  Credit  unions. 
Banks  and  loan  agencies,  division  of  (see  Banking  and  insurance, 

department  of;. 
Banks,  commissioner  of  (see  Banking  and  insurance,  department 
of). 


276 
239 

1-4 

276 
240 

87 
96 

56 

1  2 

274 

58 

248 

1.2 

318 
320 

1.2 
1.2 

349 

1.2 

39 
320 

2 

18 
6 

1,2 
1.2 

746  Index. 

Item  or 
Chap.  Section. 

Barbers,  registration  as,  and  practice  of  barbering,  law  relative  to, 

made  effective  throughout  commonwealth       .  .  .     184 

applicants  for,  practice  of  barbering  by,  pending  registration, 

provisions  of  law  permitting,  repealed    .  .  .  .94 

See  also  Hairdressers. 
Barbers,  board  of  registration  of  (see  Civil  service  and  registration, 

department  of). 
Barbituric  acid,  derivatives  of,  patent  and  proprietary  medicines 

intended  for  internal  use  which  contain,  sale  of,  regulated     343  4 

BAR  EXAMINERS,   BOARD   OF: 

appropriations       .  .  .  .  .  .  .         .  •    .  .   •     ^^'^  ^^'  ^^ 

Bar,    Massachusetts,    organization   of,    investigation   by   judicial 

council  relative  to        ....  .        Resolve         9 

Barnstable,  town  of  (see  Cities  and  towns). 

Water  Company,  water  supply  for  Centerville-Osterville  Fire 

District  and  its  inhabitants,  as  affecting  .  .  .     169  2A 

BARNSTABLE    COUNTY: 

advertising  recreational  advantages  of,  expenditures  for     . 
appropriations  for  maintenance  of,  etc.    ..... 

seines,  taking  of  bluefish,  striped  bass  and  white  perch  by,  ofT 
shores  of,  regulated       .  .  .  .  .  .         _ . 

shore  protection  to  be  built  therein  by  state  department  of  public 

works,  contributions  to  cost  of,  by         . 
tax  levy        .  .  .  .  •  •  _       •  •         . • 

towns  in,  appropriations  by,  for  stocking  inland  waters  in  such 
towns  with  fish  and  for  liberating  game  therein 
Bartley,  William  M.,  retirement  of,  by  town  of  Dalton 
Bass  Point,  section  of  town  of  Nahant  known  as,  acquisition  by 
metropolitan  district  commission  of  certain  property  in, 
for  recreational  purposes,  investigation  relative  to  Resolve       54 
Bass,  striped  (see  Fish  and  fisheries,  marine). 
Bays  (see  Waters  and  waterways). 
Beam  trawls  (see  Fish  and  fisheries,  marine). 
Bedford,  town  of  (see  Cities  and  towns). 

f  234  5''0— 5''3 

Belchertown  state  school,  appropriations   .  .  .  .         .  i  ^^^  '"     ^^ 

Bellingham,  town  of  (see  Cities  and  towns). 

Benefit  societies  (see  Fraternal  benefit  societies). 

Bequest  fund,  public,  advertising  of,  appropriation      .  u  .     234  194 

BERKSHIRE   COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     320  1,  2 

supreme  judicial  court,  equity,  sitting  in,  for,  decree  of,  transfer 
of  certain  funds  by  the  Associated  Charities  of  Pittsfield 
to  be  in  conformity  wdth       ......      137  2 

tax  le^-y        ..........     320  2 

Berkshire  County  Home  for  Aged  Women,  transfer  to,  of  certain 

funds  by  the  Associated  Charities  of  Pittsfield  .  .      137  1-3 

Betting,  horse  races,  on  (see  Horse  racing  meetings  conducted  under 
pnri-mutuel  system  of  wajiering). 

Beverages,  alcoholic  (see  Alcoholic  beverages). 

Beverly,  city  of  (see  Cities  and  towns). 

Bicycles,  letting  of,  on  Lord's  day,  permitted  ....     286 

Biennial  sessions  of  general  court  and  biennial  budget,  initia- 
tive amendment  to  constitution  providing  for  .  .  Pages  654,  655 

Billerica,  town  of  (see  Cities  and  towns). 

Binding  and  printing,  state  (see  State  printing  and  binding). 

Birds  (see  Game  and  inland  fisheries). 

Births,  abnormal  sex,  records  and  returns  of  ....       78  1,2 

infants  prematurely  born,  care  of  certain  .  .  .  .     332 

Blackstone    river,    sanitary    condition    of,    investigation    relative 

to       .......  •        Resolve       66 

appropriation     .........     445  36q 

Blandford,  town  of  (see  Cities  and  towns). 

Blind,  division  of  the  (see  Education,  department  of). 

Blind  persons,  adult,  instruction,  aid,  etc.,  appropriations     .  .  |  ^^4  352 

correspondence  courses,  free,  advantages  of,  extended  to  certain     213 

deaf  and  blind  pupils,  education  of,  appropriation     .  .  .     234  344 

homework  performed  by,  under  supervision  of  division  of  the 

blind,  not  subject  to  law  regulating  industrial  homework  .     429       Subs.  147H 
preference  to,  in  employment  of  typists  in  certain  cases  by  state 

departments,  boards  and  commissions  .  .  .  .     223 

"seeing  eye"  dogs,  so  called,  entitled  to  be  accompanied  by,  on 
common  carriers  within  commonwealth  without  addi- 
tional cost  ........     247 


Index.  747 

Item  or 
Chap.  Section. 

Blue  book,  so  called,  appropriation     .  234  201 

Blueflsh  (see  Game  and  inland  fisheries,  fish  and  fishing). 

Blue  sky  law,  so  called,  administration  of,  appropriations  .     234  719,  720 

survey  and  study  of,  by  a  special  commission  .  .  Resolve     37 

appropriation 434  36j,  Page  584 

Board  of  Home  Missions  of  the  Congregational  and  Christian 

Churches,  The,  incorporation  of  ....     166  1-9 

BOARDS,    STATE: 

appeal  (see  Appeal,  boards  oO- 

bank  incorporation  (see  Banking  and  insurance,  department  of), 
bar  examiners  (see  Bar  examiners,  board  of). 
boiler  rules  (see  Public  safety,  department  of). 
conciliation  and  arbitration  (see  Labor  and  industries,  depart- 
ment of). 
emergency  finance  (see  Emergency  finance  board), 
housing  (see  Housing,  state  board  of), 
milk  control  (see  Milk  control  board), 
parole  (see  Correction,  department  of), 
probation  (see  Probation,  board  of), 
reclamation  (see  Reclamation  board,  state). 

registration  (see  Civil  service  and  registration,  department  of), 
retirement    (see    Retirement   systems   and   pensions,    common- 
wealth, of), 
teachers'    retirement    (see    Retirement    systems    and    pensions, 

teachers,  of). 
See  also  Commissioners,    state;    Commissions,  state;    Depart- 
ments, state;    Divisions,  state  departments,  of. 
Boiler  rules,  board  of  (see  Public  safety,  department  of). 
Boilers,  inspection  of,  appropriations    ......     234  651,  652 

Bond,  Glenn,  police  department  of  city  of  Pittsfield,  in,  transferred 

to  rank  of  regular  officer  of  said  department  .  .  .     272  1,  2 

Bonds,  Boston  Elevated  Railway  Company,  of,  purchase  by  Boston 

metropolitan  district    .......     357  1-3 

commonwealth,  of  (see  State  finance). 

county  officers,  giving  by  certain,  annually       ....     219  1-6 

detectives,  private,  of,  actions  on,  by  labor  unions,  etc.        .  .     437  2 

milk  dealers,  of,  investigation  relative  to  .  .        Resolve       68 

motor  vehicle  liability  (see  Motor  vehicles,  liability  for  bodily 

injuries,  etc.,  caused  by,  security  for). 
officials',  premiums  on,  reimbursement,  appropriation         .  .     234  734 

public  utility,  maturity  date  of  certain,  which  are  legal  invest- 
ments for  savings  banks  and  savings  departments  of  trust 
companies  ........       96 

railroad,  investments  in,  by  savings  banks,  institutions  for  sav- 
ings and  trust  companies  in  their  savings  departments, 
requirements  for,  further  modified  ....       56  1,  2 

state  treasurer,  of,  as  treasurer  and  custodian  of  unemployment 

compensation  funds 421  1,  Subs.  39,  42 

See  also  Securities. 
Bonus,  soldiers',  so  called  (see  Soldiers'  bonus). 
Borrowing  (see  County  finance;    Loans;    Municipal  finance;   State 

finance). 
Boston,  airport,  so  called,  in  East  Boston,  borrowing  of  money  by 

city  of  Boston  for  purposes  of,  extension  of  period  for       .160  1-3 

See  also  East  Boston  airport. 
and  Albany  Railroad  Company,  nomination  by,  etc.,  of  candi- 
dates for  appointment  to  special  commission  to  survey  and 
study  laws  relating  to  transportation  of  property  by  motor 
vehicle        .  .  .  .  .  .  .        Resolve       33 

and  Maine  Railroad,  nomination  by,  etc.,  of  candidates  for  ap- 
pointment to  special  commission   to  survey  and  study 
laws   relating   to   transportation  of   property   by   motor 
vehicle        .......        Resolve       33 

city  of  (see  Cities  and  towns). 

Consolidated  Gas  Company,  lease  to,  of   certain   property  of 
Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company 
to  be  acquired  by  city  of  Boston   .....     292  1-9 

Edison  Company,  name  of  Edison  Electric  Illuminating  Com- 
pany of  Boston  changed  to  .  .  .  .  .  .     217  1    2 

Elevated  Railway  Company,  Atlantic  avenue  section  of  elevated 
railway  structure  of,  in  Boston,  removal  of,  investigation 
relative  to  ......        Resolve       22 

bonds  of,  purchase  by  Boston  metropolitan  district         .  .     357  1-3 


748  Index. 


Item  or 
Chap.  Section. 


Boston  —  Concluded. 

Elevated  Railway  Company  —  Concluded. 

Boston,  Revere  Beach  and  Lynn  railroad,  operation  by,  in- 
vestigation as  to        .  .  .  .  .        Resolve       73 

appropriation       .  .  .  .  .  .  .  .     445  36x,  Page  612 

subway  project,  certain,  carrying  out  by  city  of  Boston,  secur- 
ing by  said  city  of  benefits  of  certain  acts  and  joint  resolu- 
tions of  congress,  enabling  act  relative  to,  acceptance  by  .     159  2 
See  also  Boston  metropolitan  district;   Street  railways, 
harbor,  Shirley  Gut  in,  widening  and  deepening  of,  investigation 

as  to  .  .  .  .  .  .  .        Resolve       69 

appropriation  ........     445  36t,  Page  610 

juvenile  court,  justice  of,  retirement  or  resignation  of,  pension 

upon,  etc .  .  .  .409  1, 2,  5-7 

probation  officers  appointed  for,  fixing  of  compensation  of       .     186 
metropolitan  district,  bonds  of  Boston  Elevated  Railway  Com- 
pany, purchase  by        ......  .     357  1-3 

Boston,  Revere  Beach  and  Lynn  railroad,  acquisition  by,  etc., 

investigation  as  to    .  .  .  .  .        Resolve       73 

appropriation       .  .  .  .  .  .  .  .     445  36x,  Page  611 

chairman  of  board  of  trustees  of,  to  be  member  of  special  com- 
mission  to  investigate  relative   to  removal  of  Atlantic 
avenue  section,  so  called,  of  elevated  railway  structure  in 
city  of  Boston     ......        Resolve       22 

municipal  court  of  the  city  of  (see  District  courts). 
Port  Authority,  functions  and  problems  of,  and  other  related 
matters,  study  by  special  commission  relative  to     Resolve 
appropriation  ........ 

psychopathic  hospital,  appropriations       ..... 

Revere  Beach  and  Lynn  Railroad  Company,  acquisition  of  rail- 
road of,  by  Boston  metropolitan  district  and  operation 
thereof  by  Boston  Elevated  Railway  Company,  investi- 
gation relative  to  ....  .        Resolve 
appropriation           ........ 

state  hospital,  appropriations  ...... 

McMahon,  Mary  Alice,  superintendent  of  nurses  at,  retire- 
ment allowance  of,  under  state  retirement  system   . 
Trade    and    Shipping    Commission,    creation    of,    investigation 
relative  to  ......        Resolve 

appropriation  ........ 

Boulevards  and  parkways,  in  general,  appropriations  . 

See  also  Metropolitan  districts,  parks  district. 

Boundary  line,  Edgartown  and  Oak  Bluffs,  towns  of,  between,  por- 
tion of,  re-established  and  defined  .... 
Foxborough  and  Walpole,  towns  of,  between,  established  . 

Bourne,  town  of  (see  Cities  and  towns). 

Bovine  animals  (see  Agiiculture,  department  of:  divisions,  etc.,  of: 
livestock  disease  control). 

Boxing  commission,  state  (see  Public  safety,  department  of). 

Boyer,  Albert  O.,  former  member  of  present  house  of  representatives, 
widow  of,  payment  by  commonwealth  of  compensation 
to       .......  .        Resolve         8 

Boys,  industrial  school  for,  appropriations      .  .  .  .  .  j  ^^^  ^°^"  ^®^ 

Lyman  school  for,  appropriations    .  .  .  .  .  .  |  ^^^  ^^' •  ^^^ 

parole  of,  in  department  of  public  welfare,  appropriations  .  \  *r^*  ^' '~^In 

Bradford  Durfee  Textile  School,  appropriation  .  .  .     234  393 

Braintree,  town  of  (see  Cities  and  towns). 

Brands  (see  Trade  mark,  brand  or  name). 

Bread,   labelling  of,  wrapped  in  cellophane  or  similar  transparent 

wrappers    .........       53 

BRIDGES: 

in  general,  floods,  damaged  by,  repair  or  reconstruction  of  cer- 
tain, relative  to  .  .  .  .  .  .  .  .     434  Page  588 

proposed,  certain,  investigation  relative  to    .  .        Resolve       24 

Colrain,  town  of,  in,  repair  and  reconstruction  of  certain,  state 

reimbursement  of  said  town  for  moneys  expended  by  it  for     351 
Connecticut  river,  over,  between  Northampton  and  Hadley,  to 
be  constructed,  designation  of,  as  Calvin  Coohdge  Memo- 
rial Bridge 72 


57 
445 

(234 
\434 

36n 
472 
472 

73 
445  36x, 
(234 
1  434  473; 

Page  611 
473-475b 
Page  587 

355 

57 

445 
(234 
1434 

36n 

722,  723 
722 

265 
140 

1-3 
1-3 

Index.  749 

Item  or 
Chap.  Section. 

BRIDGES  —  Concluded. 

Connecticut  river,  over,  between  Northampton  and  Hadley,  to 

be  constructed,  expediting  of  work  ....     337 

land  takings  and  borrowing  of  money  by  Hampshire  county 

in  connection  with        .  .  .  .  .  .      155  1-4 

Edwards,  General  Clarence  R.,  dedication  of,  expenses  incurred 
by  Lynn  Chapter  of  the  Yankee  Division  Veterans'  Asso- 
ciation in,  state  reimbursement  in  part  for      .        Resolve       11 
Fore  River,  so  called,  certain  land  near,  conveyance  by  state  de- 
partment of  public  works  to  The  Edison  Electric  Illumi- 
nating Company  of  Boston,  etc.    .....     431 

Mystic  river,  over,  at  Harvard  street  in  Medford  and  River 

street  in  Arlington,  in,  construction  of  .  .  .  .     432  1-5 

appropriation  .  .  .  .  .  .  .  .     445  726b, Page  612 

Saugus  river,  over,  new,  between  city  of  Lynn  and  Point  of  Pines 

in  city  of  Revere,  payment  of  cost  of  maintenance  of  .     380 

Wellington  bridge,  new,  appropriations    .....     234  726,  749 

designated  as  ^^'cllington  Memorial  Bridge    .  .  .  .47 

Bridgewater  state  teachers  college  (see  State  teachers  colleges). 
Brighton  district  of  city  of  Boston,  sewers,  additional,  in,  etc., 
investigation   by  metropolitan  district  commission  rela- 
tive to         ......  .        Resolve       42 

BRISTOL    COUNTY: 

agricultural  school,  income  received  at,  disposition  of         .  .41 

appropriations  for  maintenance  of,  etc.    .....     320  1,  2 

tax  levy        ..........     320  2 

Brockton  Edison  Company,  name  of  The  Edison  Electric  Illumi- 
nating Company  of  Brockton  changed  to         .  .  .     195 
Brokers,  insurance  (see  Insurance,  agents  and  brokers). 
Brookline,  town  of  (see  Cities  and  towns). 
Brooks  (see  Waters  and  waterways). 
Brooks  park,  Harwich,  town  of,  in,  use  for  school  purposes  by  said 

town,  certain  provisions  of  law  relative  to,  repealed  .33  1,2 

Brown,  Albert  J.,  pensioning  by  city  of  Revere     ....     309  1,  2 

[234  1-8 

Budget,  state,  appropriation  acts         .  .  .  .  .  .  i  434  1-5 

i  445  1-3 

See  also  Appropriations, 
biennial,  initiative  amendment  to  constitution  providing  for,  etc.  Pages  654,  655 

conservation,  department  of,  sum  for,  under,  further  regulated  .     426  1,  2 

Building  inspection  service,  department  of  public  safety,  appro- 
priations    .  .  .  .  .  .  .  .  .234  649,650 

Buildings,  Boston,  in,  construction,  alteration  and  maintenance  of, 

etc.,  laws  regulating,  investigation  relative  to       Resolve       71 
appropriation  ........     445  36w,  Page  611 

construction  and  repair  of,  material  employed  in,  security  for 
payment  for,  investigation  by  judicial  council  relative  to 
providing  for        ......        Resolve  1 

portable  or  sectional,  so  called,  conditional  sales  of   .  .  .     245  1,  2 

See  also  Housing;   Housing,  state  board  of. 
Buildings,  superintendent  of  (see  Superintendent  of  buildings). 
Bulletins  of  committee  hearings,  general  court,  appropriation    .     234  25 

Bunker  Hill  monument,  maintenance,  etc.,  appropiiation    .  234  721 

Burbank,    Abraham,    fund,    so   called,    transfer   by   Associated 

Charities  of  Pittsfield 137  1-3 

Burden  of  proof  (see  Evidence). 

Burgess,  Samuel  T.,  widow  of,  payment  of  an  annuity  to,  by  town 

of  Nantucket 242  1,2 

Burials,  wives  or  wddows  of  certain  veterans,  of,  payment  of  expenses 

of 273  2 

See  also  Cemeteries. 
Burley  Education  Fund  in  Ipswich,  Trustees  of,  investment  and 

disbursement  of  funds  in  hands  of  ....       98  1—3 

Burlington,  town  of  (see  Cities  and  towns). 

Business,  discrimination  by,  against  certain  persons  in  employment 

on  account  of  their  age,  prohibited  ....     367  1,  2 

Fair  Trade  Law,  so  called       .......     398 

places  of,  keeping  open  on  Lord's  day  of  certain,  licenses  for, 

granting  and  taking  effect  of  ....  .      124 

See  also  Eniployment;  Unemployment. 
Business  corporations  (see  Corporations). 
Butter,  definition  of    .  .  .  .  .  ...  335  1 

sale  by  certain  licensed  milk  dealers  without  being  licensed  as 

hawkers  and  pedlers     .......     214 

Buzzard's  Bay  Water  District,  establishment,  etc.        .         .         .     145  1-14 


750 


Index. 


C. 

Cafes  (see  Common  victuallers). 

Call  firemen,  towns,  certain,  in,  retirement  of  certain 

Calvin  Coolidge  Memorial  Bridge,  bridge,  new,  to  be  constructed 
over  Connecticut  river  between  Northampton  and  Hadley 
designated  as       .......  . 

Cambridge,  city  of  (see  Cities  and  towns). 

Canals  (see  Waters  and  waterways). 

Cancer,  institution  for  care  and  treatment  of  persons  suffering  from, 
establishment  and  maintenance  in  county  of  Essex  or 
Middlesex,  investigation  relative  to        .  .        Resolve 

Cancer  hospital,  Pondville,  appropriations  .... 

Candidates  (see  Elections). 

Canton,  town  of  (see  Cities  and  towns). 

Cape  Cod  Canal  pier,  appropriation   ...... 

Capital  stock  (see  Corporations;   Securities). 

Capitol  police,  appropriations     ....... 

Carriers,  common,  blind  persons  entitled  to  be  accompanied  by 
"seeing  eye"  dogs,  so  called,  upon,  within  commonwealth 
without  additional  cost  ...... 

property,  of,  by  motor  vehicle,  supervision  and  control  of  (see 
Motor  vehicles,  property,  transporting). 
Cassidy,  Edward  H.,  pensioning  by  town  of  Adams 

Leo  F.,  chief  of  police  of  town  of  Medway,  placed  under  civil 
service  laws  ........ 

Caterpillars,  tent,  elimination  and  suppression  of  .  .  . 

Cattle  (see  Agriculture,  department  of:   divisions,  etc.,  of:  livestock 

disease  control). 
Caucuses  (see  Elections). 
CEMETERIES: 

Baker  and  Horton  Cemetery  Association,  property  of,  town  of 

Rehoboth  authorized  to  receive  and  administer,  etc. 
Centre  Cemetery,  use  by  town  of  Shutesbury  for  school  and 
school  yard  purposes  of  all  or  any  part  of         .  .  . 

Conway  Cemetery  Association,  conveyance  to,  by  town  of  Con- 
way of  certain  cemetery  funds,  etc.,  court  decree  author- 
izing, extension  of  time  for  entry  of        ...  . 

Quabbin  Park  cemetery  in  tow^n  of  Ware,  trust  funds  for  per- 
petual care  of  lots  in,  transfer  of   .  .  .        Resolve 
Second  Rural  Cemetery  Association,  property  of,  town  of  Rut- 
land authorized  to  receive  and  administer 
Centerviile-Osterville  Fire  District,   water  supply  for,  and  its 
inhabitants           ..... 

Centre  Cemetery,  Shutesbury,  town  of,  use  by,  for  school  and  school 

yard  purposes  of  all  or  any  part  of  .  .  . 

Certified  public  accountants,  registration  of,  appropriations 
Cession,  United  States,  to,  of  jurisdiction  over  certain  land  in  town 
of  Bedford  acquired  for  purposes  of  Veterans'  Adminis- 
tration Facility  in  said  town 
Challenging,  voters,  of,  at  polling  places  at  certain  elections,  prima- 
ries and  caucuses  .... 

Chaplains,  general  court  (see  General  court). 
Charitable,  etc.,  corporations,  change  of  purpose  of 
dissolution  of  certain      ..... 

state  aid,  military  aid  and  soldiers'  relief,  recipients  of,  infor- 
mation as  to,  disclosure  by  municipalities  or  officers  thereof 
to  charitable  corporations     ...... 

Charles  river,  basin,  maintenance,  appropriations  .  .         .  < 

Storrow,  James  J.,  memorials  to,  establishment  as,  of  certain 

improvements  in  .....        Resolve 

Gerry's  Landing  on,  in  city  of  Cambridge,  building  for  bath 

house  and  recreational  purposes  at  beach  at,  investiga- 


Chap. 


220 


72 


Item  or 
Section. 


35 
/234 
1434 

638-640 
638 

234 

692 

/234 
I  434 

180 
180 

tion  relative  to    .  .  .  .  .  Resolve 

meadows,    so    called,    improvement    of,    investigation    relative 
to       .......  .        Resolve 

sanitary  condition  of,  investigation  relative  to  .        Resolve 

appropriation  ........ 

Watertown,  town  of,  in,  beach  at  location  of  proposed  public 
ba,th  house  on,  construction  by  metropolitan  district  com- 
mission      ......... 


247 


299 


5 

415 


75 

187 


350 
52 


293 
169 


187 
234 


361 
275 


151 
239 


196 
234 
434 

31 


1.2 

1,  2 
2-11 


1-4 
1-3 

1,  2 

1-4 
1-11 

1-3 

437, 438 

2 

1,  2 

1,  2 
1-4 


739 
739 


54 

40 

66 

445 


178 


36q 


Index.  751 

Item  or 
Chap.  Section. 

Charters,  city  (see  City  charters), 
corporation  (see  Corporations). 
Checking  of  clothing  or  baggage,  tips  given  for,  beneficiaries  of, 

misleading  of  patrons  of  certain  places  as  to,  prevention  of     342  1,  2 

Checks,  drafts  and  orders,  fraudulent,  making,  drawing,  uttering 

and  deliverj"^  of    .  .  .  .  .  .  .  .99 

Cheese,  manufacture  and  sale  of  .  .  .  .  .  .     335  1-4 

sale  by  certain  licensed  milk  dealers  without  being  licensed  as 

hawkers  and  pedlers     .......     214 

Chelmsford,  town  of  (see  Cities  and  towns). 
Chelsea,  city  of  (see  Cities  and  towns). 

creek,  construction  of  sewers  by  metropolitan  district  commis-  f  433  1-9 

sion  from  a  point  in  city  of  Medford  to  vicinity  of      .  .  \  44G  3 

Chicopee,  city  of  (see  Cities  and  towns). 

Child   guardianship,    division    of    (see    Public   welfare,   depart- 
ment of). 
Children,  dependent,  of  employees  killed  in  industrial  accidents,  pay- 
ments to  certain,  amount  and  period  of,  increased     .  .     325 
hard  of  hearing,  instruction  in  lip  reading  for,  in  public  and  pri- 
vate schools,  investigation  relative  to      .          .        Resolve       38 
appropriation           ........     434  361,  Page  584 

mothers  with  dependent,  aid  to  (see  Mothers  with  dependent 

children,  aid  to), 
physically  handicapped,  education  of,  by  cities  and  towns,  state 

reimbursement  for,  investigation  relative  to  .        Resolve       38 

appropriation 434    361,  Page  584 

school  (see  Schools). 

wage,  minimum,  for  (see  Minimum  wage  law). 
See  also  Minors;   Parent  and  child. 
Chilmark,  Lower,  pond,  fishing  in,  without  license,  permitted  .  .     152  1,  2 

town  of  (see  Cities  and  towns). 
Chiropody  (podiatry),  board  of  registration  in,  established  and 

said  profession  regulated        ......     425  1-15 

appropriation    .........     445  444a,  Page  611 

Chronic  rheumatism,  hospitalization  of  patients  with  .  .  .     393 

appropriation     .........     445  605b,Page  610 

CHURCHES   AND   RELIGIOUS    CORPORATIONS: 

Board  of  Home  Missions  of  the  Congregational  and  Christian 

Churches,  The,  incorporation  of    .  .  .  .  .     166  1-9 

change  of  purpose  of  certain  .  .  .  .  .  .  .     151  1,  2 

See  also  American  Missionary  Association,  The;   Congregational 
Board  of  Ministerial  Relief,  The;  Congregational  Church 
Building    Society;     Congregational    Education    Society; 
Congregational  Home  Missionary  Society,  The;    Congre- 
gational   Publishing    Society;     Congregational    Sunday 
School  Extension  Society,  The. 
Cigarette  girls,  so  called  (see  Hat-check  and  cigarette  girls,  so 

called). 
CITIES   AND   TOWNS: 
in  general: 

accounts  of  (see  Municipal  finance). 

aid  and  relief,  certain,  bj',  state  reimbursement,  appropriations     234  564—568 

anti-rabic  vaccine,  and  treatment  of  certain  persons,  furnish- 
ing by  boards  of  health  of     .  .  .  .  .  .     375 

appropriations  by,  eyeglasses  and  spectacles  for  needy  school 

children,  for         ........     185 

war  veterans'  organizations,  incorporated,  headquarters  for 

local  posts  of,  for  providing  .....     255 

See  also  Municipal  finance, 
assessors  (see  Assessors  of  taxes). 
borrowing  of  money  by,  public  welfare  and  soldiers'  benefits,  on 

account  of  ........     107  1-3 

See  also  Municipal  finance, 
burial  agents,  interment  by,  of  wives  or  widows  of  certain 

veterans     .  .  .  ...  .  .     273  2 

civil  service  laws,  application  to  (see  Civil  service  laws). 

clerks  of  (see  City  and  town  clerks). 

coastal  wardens,  deputy,  paid  by,  offices  of,  gradual  abolition 

of 413  1,  3 

collectors  of  taxes  (see  Collectors  of  taxes). 
contracts  by,  with  physicians  for  furnishing  medical  attend- 
ance to  needy  persons  ......       86 

corporation  taxes,  certain,  distribution  to      .  .  .  .     108  1,  3, 


752  Index. 

Item  or 

Chap.  Section. 

CITIES    AND    TOWSS  —  Continued. 
in  general  —  Continued. 

departments,  boards  or  commissions  of,  appointees  of  governor 
having  supervision  and  control  of,  appointment  and  re- 
moval of  confidential  secretaries  by        ...  .     414  2 

dog  kennels,  licensing  of,  in  case  of  their  removal  to  other 

municipalities  within  same  county         .  .  .  .95 

drainage,  house,  regulations  as  to,  by  boards  of  health     .  .     339 

systems  of,  approval  by  state  department  of  public  health   .     340 
education  of  physically  handicapped  children  by,  state  reim- 
bursement for,  investigation  relative  to        .        Resolve       38 
appropriation       ........     434  361,  Page  584 

elections  (see  Elections). 

employees  of  (see  Municipal  officers  and  employees). 

English  speaking  classes  for  adults,  state  reimbursement,  ap-  J    '^■*  -p        oco 

P'-^P"^*^^-^ [434  Pageii 

expenditures    by,    investigation    and    study    relative    to  I  .f'  co 

Resolves  \^^'  ^^^ 

eyeglasses  and  spectacles  for  needy  school  children,  appro- 
priations for,  by  .......     185 

federal  grants  to,  for  public  works,  etc.  (see  Federal  emer- 
gency laws). 

finances  of  (see  Municipal  finance). 

fire  departments  of  (see  Fire  departments). 

fish  and  game  wardens  paid  by,  offices  of,  gradual  abolition 

of 413  1,  3 

gonorrhea  or  syphilis,  persons  suffering  from,  treatment  of, 

co-operation  with  commonwealth  in,  by       .  .  .     391 

appropriation       ........     445  605a, Page  610 

health,  boards  of  (see  Health,  local  boards  of). 

income  taxes,  distribution  to        .....  .     395  4 

indebtedness  of  (see  Municipal  finance). 

indigent  persons  (see,  infra,  poor  persons). 

janitors  of  public  schools  in  certain,  retired,  pensions  payable 

to  certain,  increase  of  .  .  .  .  .  .  .     202 

laborers  in  employ  of,  non-contributory  pensions  for,  service  re- 
quired for,  need  not  be  continuous     ....     283  1,  2 
ultimate  abolition  of,  advancement  of  date  for         .          .     102  7 
vacations  for            ........       15 

licenses  and  permits  (see  Licenses  and  permits). 

lighting  plants,  municipal,  periodic  replacement  by,  of  meters 

for  measuring  gas  .......       40  1—3 

sale,  installation  and  servicing  of  certain  merchandise,  equip- 
ment, utensils  and  chattels  by  municipalities  maintaining     235  1,  2 

liquors,  alcoholic,  manufacture,  sale,  etc.,  of,  in  (see  Alcoholic 
beverages). 

loans  by  (see,  supra,  borrowing  of  money  by). 

mechanics,  etc.,  employed  by,  vacations  for  .  .  .  .15 

metropolitan  districts,  in  (see  Metropolitan  districts). 

military  aid,  borrowing  of  money  on  account  of  . 

names  of  recipients  of,  restrictions  as  to  disclosure  of,  by 
state  reimbuisement,  appropriation  .... 

mothers'  aid,  so  called,  by,  borrowing  of  money  on  account  of  . 

motor  vehicles  owned  by,  exempted  from  law  providing  for 
supervision  and  control  of  motor  vehicles  transporting 
property     .........     381 

needy  persons  (see,  infra,  poor  persons). 

notes,  issuance  by  (see  Municipal  finance,  borrowing  of  money). 

officers  of  (see  Municipal  officers  and  employees;  and  specific 
titles  of  officers). 

old  age  assistance,  so  called,  by,  borrowing  of  money  on  ac- 
count of      ........  .     107  1-3 

changes  in  law  providing  for     ......     440  1-3 

recipients  of,   permitted   to  leave  commonwealth  without 
suspension  of  such  assistance       .....     165 

pensions,  payment  by  (see  Retirement  systems  and  pensions). 

permits,  issuance  by  (see  Licenses  and  permits). 

physicians,  contracts  or  agreements  with,  by,  for  furnishing 

medical  attendance  to  needy  persons      ....       86 

police  officers  (see  Police  oSicers). 

political  committees  of  (see  Elections,  political  committees). 


107 

1-3 

196 

234 

161 

107 

1-3 

Index.  753 


Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 
in  general  —  Continued. 

poor  persons,  eyeglasses  and  spectacles  for  needy  school  chil- 
dren, appropriations  for,  by  .....     185 

medical  attendance  for,  furnishing  by         .  .  .  .86 

support  of  certain,  applicants  in  cities  and  in  certain  towns 

to  be  interviewed  privately         .....     277 

liability  of  persons  supported  and  their  estates  for  .  .     125 

work  by  certain,  in  return  for  relief  received  by  them  from   .     113 
preferential  voting  and  proportional  repre.sentation,  election 

by.  of  officers  of  .......     345 

primaries  in  (see  Elections). 

proportional  representation  and  preferential  voting,  election 

by,  of  officers  of  .......     345 

public  welfare,  boards  of  (see  Public  welfare,  local  boards  of). 

relief  by,  borrowing  on  account  of     .  .  .  .  .      107  1-3 

public  works  for,  federal  grants  for  (see  Federal  emergency 

laws), 
registrars  of  voters  (see  Registrars  of  voters), 
retirement  systems,  contributory,  for,  certain  changes  in  laws 

relating  to  _      .  .  .  .  .  .  .  .336  11-18 

operative,  retirement  boards  to  function  prior  to  systems 

becoming      .  .  .  .  .  .  .  .57  1,  2 

when  to  become        .......       57  3,  4 

See  also  Retirement  systems  and  pensions, 
schools,  school  committees,  etc.  (see  Schools,  public), 
sealers  of  weights  and  measures,  fees  to  be  received  by,  for  (    74 

sealing  certain  scales  and  certain  liquid  capacity  measures  \  305  1,  2 

sewers,  approval  by  state  department  of  public  health   .  .     340 

common,  connection  with,  regulations  as  to,  by  boards  of 
health  ......... 

soldiers'  benefits,  borrowing  on  account  of,  by         .  .  . 

names  of  recipients  of,  restrictions  as  to  disclosure  of,  by 
state  aid  and  reimbursement: 

aid  and  relief,  certain,  appropriations  .... 

lip  reading,  instruction  in,  for  hard  of  hearing  children,  in- 
vestigation relative  to    .  .  .  .        Resolve 

appropriation  ........ 

pensions  paid  to  school  teachers,  appropriation 
physically  handicapped  children,  education  of,  investigation 
relative  to    .  .  .  .  .  .        Resolve 

appropriation  ........ 

schools,  public,  for  (see  Schools,  public). 

state  and  military  aid,  appropriation  .... 

taxes,  loss  of  certain,  appiopriation  ..... 

tent  caterpillar  suppression       ...... 

vocational  schools,  transportation  of  pupils  to,  in  case  such 
pupils  reside  in  a  town  exempted  by  department  of  edu- 
cation from  maintaining  a  high  school    ....     323 

ways,   public,   in   small   towns,   repair,   etc.,  of,  amount  of, 
investigation  relative  to         ...  .        Resolve       24 

state  aid  by,  borrowing  of  money  on  account  of     .  .  .      107  1-3 

state  highways,  laying  out  and  construction  by  state  depart- 
ment of  public  works,  as  affecting  ....     218  1, 2 

ways    connecting    with,    granting    to    state    department   of 

public  works  of  certain  powers  with  respect  to  .  .     344 

syphilis  or  gonorrhea,  persons  suffering   from,  treatment  of, 

co-operation  with  commonwealth  in,  by       .  .  .391 

appropriation      .  .  .  .  .  .  .  .     445  605a,Page  610 

taxation,  local  (see  Taxation). 

tax,  county,  upon        ........     320  2 

state,  upon     ..........     444  1-4 

taxes,  corporation,  certain,  distribution  to     .  .  .  .      108  1,  3 

teachers,  school  (see  Schools,  public). 

tent  caterpillars,  elimination  and  suppression  of,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     415  3-11 

treasurers  of  (see  City  and  town  treasurers). 

vacations  for  laborers,  etc.,  employed  by,  acceptance  of  law 

providing  for        ........        15 

vaccine,  anti-rabic,  and  treatment  of  certain  persons,  furnish- 
ing by  boards  of  health  of     .  .  .  .  .  .     375 

war  veterans'  organizations,  incorporated,  headquarters  for 

local  posts  of,  providing  by  .  .  .  .  .  .     255 


339 
107 
196 

1-3 

234 

564-568 

38 
434 
234 

361,  Page  584 
369 

38 
434 

361,  Page  584 

234 
234 
415 

161 

330 

6 

754  Index. 

Item  or 
Chap.  Section, 

CITIES    AND    TOWNS  —  Conhnwed. 
in  general  —  Concluded. 

water  rates  and  charges,  collection  of,  investigation  and  study 

relative  to  ......        Resolve       12 

water  supply,  systems  of,  approval  by  department  of  public 

health       _ .  .  .        _ .  .  .    _      .  .  .340 

ways,  connecting  with  state  highways,  certain  powers  with 

respect  to,  granting  to  state  department  of  public  works     344 
state  highways,  laying  out  and  construction  by  state  depart- 
ment of  public  works,  as  affecting  ....     218  1, 2 
See  also  Ways. 

weights   and   measures    (see,   supra,   sealers   of   weights   and 
measures) . 
cities,  aldermen  (see  Aldermen). 

appropriations  by,  reserve  funds,  for    .....       34 

election  districts,  certain,  use  in  .  .  .  .  .  .     412 

election  officers,  temporary  additional,  appointment  in  .  .27 

mayors  (see  Mayors). 

Plan  B  form  of  charter,  having,  city  council  in,  filling  of  va- 
cancies in   .  .  .  .  .  .  .  .     224  1-3 

Plan  E  form  of  charter  for  acceptance  by,  investigation  rela- 
tive to         ......  .        Resolve       76 

precincts,  voting,  not  to  be  in  more  than  one  congressional 

district        .  . 412 

preliminary  elections  in,  having  standard  charter  forms,  filing 
of  certain  statements  and  petitions  by  candidates  to  be 
voted  for  at,  time  for  .......     147 

registration  of  voters  in  certain,  on  October  fourteenth  in  cur- 
rent year,  authorized  .......     146 

reserve  funds,  establishment  by,  appropriations  for         .  .       34 

ward  committees  (see  Elections,  political  committees). 

wards,  redivision  into,  taking  effect  of  ....     412 

towns,  accountants  of,  temporary,  appointment,  bond,  etc.        .      143  3 

animals,  inspection  of,  state  reimbursement,  appropriation      .     234  260 

appropriations  by,  unemployment  funds,  temporary  emer- 
gency, for  .  .  ...  .  .  .  .4 

Barnstable  county,  in,  appropriations  by,  for  stocking  inland 
waters  in  such  towns  with  fish  and  for  liberating  game 
therein  .  . 18  1,2 

drainage,  house,  and  connection  with  common  sewers,  regula- 
tions as  to,  by  hoards  of  health  without  authorization  by 
their  respective  towns  ......     339 

elections,  regular,  absent  voting  at        .  .      _    .  .  .77  1-5 

fire  departments,  certain  call  members  of,  retirement  of,  in 

certain 220 

forest  fires,  extinguishing  of,  equipment  for,  etc.,  state  aid  in 

purchasing,  appropriation  .....     234  273 

expenses,  cctam,  in,  state  reimbursement,  appropriations     234  277;  Page  251 

officers  of  (see  Municipal  officers  and  employees). 

precincts  in  certain,  use  in  formation  of  representative  districts     267  1,  2 

representative  town  meeting  government,  standard  form  of, 

division  of  towns  into  voting  precincts  under  .  .  .     267  2 

selectmen  (see  Selectmen). 

small  towns,  repair  and  improvement  of  public  ways  in,  amount 

of  state  aid  for,  investigation  relative  to  Resolve       24 

town  committees  (see  Elections,  political  committees). 

unemployment   funds,   emergency,   temporary,   appropriation 

of  money  for,  by  .  .  .  .  .  .  .4 

vocational  schools,  transportation  of  pupils  to,  by,  which  are 
exempted  by  department  of  education  from  maintaining 
a  high  school,  state  reimbursement  for  ....     323 
special  provisions  relative  to  particular  cities: 

Attleboro,  Wading  river,  use  as  a  source  of  water  supply  of      .      149 

Beverly,  state  highways  in,  lighting  of  certain,  investigation 

relative  to  ......        Resolve       24 

water,  taking  from  Ipswich  river  by,  etc.,  time  extended        .       88 

Boston,  admission  fees  to  lectures,  exhibitions,  etc.,  at  works 
constructed  under  will  of  George  Robert  White,  charging 

by .111  1.2 

airport  and  seaplane  purposes,  certain  state  lands  in  East 

Boston,  leases  of,  for,  to,  extension  of  certain  .        Resolve       72 
airport,    development,    further,    of,    investigation    relative 
to       .......  .        Resolve       24 


I 


Index. 


755 


CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston,  airport  purposes,  borrowing  of  money  for,  by,  exten- 
sion of  period  for      ...... 

alcoholic  beverages,  fee  paid  for  certain  license  for  sale  of 
refunding  to  Miriam  L.  Shapiro  by    . 

licenses  for  sale  of,  number  that  may  be  issued  in 

amusements,  public,  in,  licenses  for,  term  of  certain 

assessors,  principal,  of,  salaries  of      . 

athletic  contests,  etc.,  at  works  constructed  under  will  of 

George  Robert  White,  admission  fees  to,  charging  by 
Atlantic  avenue  section,  so  called,  of  elevated  railway  struc- 
ture in,  removal  of,  investigation  relative  to    .        Resolve 
Back  Bay  Fens  in,  certain  park  land  located  in,  transfer  by 
park  department  to  trustees  under  will  of  George  Robert 

White  .  . 

Beach  street  in,  elevated  railway  structure  located  on,  etc., 

removal  of,  investigation  relative  to        .  .        Resolve 

borrowing  of  money  by,  for  airport  purposes,  extension  of 

period  for  ......... 

Boston  Consolidated  Gas   Company,  lease   to,   of  certain 
property  of  Dedham  and  Hyde  Park  Gas  and  Electric 
Light  Company  to  be  acquired  by  ...  . 

Boston  harbor  (see  Boston  harbor). 

Brighton  district  of,  sewers,  additional,  in,  etc.,  investigation 
by  metropolitan  district  commission  relative  to         Resolve 
building  commissioner  of,  Suffolk  county  court  house,  pro- 
posed addition  to,  erection  of  certain  pent  houses,  etc., 
above  roof  line  of,  approval  by      . 
buildings  in,  construction,  alteration  and  maintenance  of,  etc., 
laws  regulating,  investigation  relative  to  .        Resolve 
appropriation  ........ 

city  council,  Gleason,  Richard  D.,  former  member  of,  widow 
of,  payment  of  sum  of  money  to,  by    . 
president  of,  filling  of  vacancies  in  school  committee  by, 
etc.  .  .  .  . 

provisions  of  law  relative  to  election  of  city  officers  by 
proportional  representation,  not  applicable  to 
collector  of,  sum  of  nioney,  certain,  paid  to,  by  clerk  of  su- 
perior court  for  ci\il  business  in  Suffolk  county,  use  by 
said  city  for  general  purposes  of  said  county 
Commercial  street  in,  elevated  railway  structure  located  on, 
etc.,  removal  of,  investigation  relative  to  .        Resolve 

Commonwealth  avenue,  underpass  in,  at  or  near  its  inter- 
section with  Massachusetts  avenue,  construction  by 
corporation  coimsel   of,    to  be  member  of  special   commis- 
sion to  investigate  relative  to  removal  of  Atlantic  avenue 
section,  so  called,  of  elevated  railway  structure  in  city  of 
Boston        .  .  .  .  .  .  .        Resolve 

court  house,  Suffolk  county,  in,  proposed  addition  to,  erec- 
tion of  certain  pent  houses,  etc.,  above  roof  line  of, 
approval  by     .   _       . 
temporary  borrowing  by  said  city  to  provide  funds  to 
meet  in  part  the  cost  of,  in  anticipation  of  payments 
by  state  and  federal  governments        .... 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain  property  of,  acqui.sition  by,  and  lease  thereof  to 
Boston  Consolidated  Gas  Company        .... 

Dooley  Bros.,  Inc.,  refund  to,  by,  of  amount  of  its  deposit  on 
its  proposal  for  certain  contract   to  remove  ashes  and 
garbage       ......... 

Dorchester  district  of.  Old  Colony  parkway  in,  Malibu  beach 
near,   further  improvements  at,  investigation  relative 
to  .  .  .  .  .  .  .  .        Resolve 

sewers,  additional,  in,  etc.,  investigation  by  metropolitan 

district  commission  relative  to  .  .  .        Resolve 

East  Boston,  airport  in,  borrowing  of  money  for  purposes 

of,  by,  extension  of  period  for  .  . 

development,      further,      of,      investigation      relative 

to         .  .     _     .  .  .  .  .       Resolve 

state  lands,  certain,  leases  of,  for  purposes  of,  extension 
of  certain     ......       Resolve 


Item  or 
Section. 


Chap. 

160 
10 

r  14 

1424 

91 

190 

111 

22 

258 

22 

160 

292 

42 

238  1 

71 
445  36w,Page  611 


1-3 

1,  2 
1.  2 
3 
1.  2 
1.  2 

1.  2 

1.2 

1-3 
1-9 


198 

1,2 

366 

1,2 

345 

128 

1-3 

22 

173 

1-5 

22 

238 

1.2 

181 

292 

1-9 

222 

1.2 

20 

42 

160 

1-3 

24 

72 

756  Index. 


Item  or 
Chap.  Section. 


CITIES   AND    TOW^S  —  Contimied. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston,   East  Boston,  North  Shore  road  in,  etc.,  lighting  of, 

investigation  relative  to     .  .  .  .        Resolve       24 

rapid  transit  facilities,  extension  of,  in,  investigation  as 

to     .  .  .  .  .  .  .       Resolve       73 

appropriation         .  .  .  .  .  .  .     445  36x,  Page  612 

sewers  in,  etc.,  construction  by  metropolitan  district  com-  f  433  1-9 

mission  .  .  .  .  .  .  .  .  \  446  3 

tunnel,  vehicular  (see,  infra,  Sumner  Tunnel), 
election  of  city  and  town  officers  by  proportional  repre- 
sentation and  preferential  voting,  applicability  to   .  .     345  Subs.  1 
esplanade  and  colonnade,  erection  on  certain  park  land  in 

Back  Bay  Fens  in 258  1,  2 

exhibitions,  theatrical,  etc.,  in,  term  of  licenses  for  certain   .91  1,2 

Faneuil  Hall  Market  in,  streets  within  limits  of,  etc.,  occu- 
pation of,  for  sale  from  vehicles  of  produce,  etc.        .  .       90  1,  2 
fees  for  admission  to  lectures,  exhibitions,  etc.,  at  works 
constructed  under  will  of  George  Robert  White,  charging 

by      .  .  .  . Ill  1,  2 

Forest  Hills  section  of,  highway  improvements  at  junction 
of  Arborway  and  Washington  street  in,  proposed,  investi- 
gation relative  to  ....  .        Resolve       24 

Gleason,  Richard  D.,  former  member  of  city  council,  widow 

of,  payment  of  sum  of  money  to,  by       .  .  .  .     198  1,  2 

harbor,  Boston  (sec  Boston  harbor). 

Harrison  avenue  in,  elevated  railway  structure  located  on, 

etc.,  removal  of,  investigation  relative  to        .        Resolve       22 
Jamaica  Plain  section  of,  highway  improvements  in,  pro- 
posed, investigation  relative  to       .  .  .        Resolve       24 
lectures,  exhibitions,  etc.,  at  works  constructed  under  will 

of  George  Robert  White,  admission  fees  to,  charging  by   .     Ill  1,  2 

liquor  license  fee,  refunding  of  certain,  by  ...        10  1,  2 

listing,  annual,  of  voters  of,  for  voting  purposes,  information 

as  to  citizenship  required  in  .....     226 

Madden,  John,  death  of,   payment  of  sum  of  money  on 
account  of,  by,  investigation  by  attorney  general  relative 
to       .......  .        Resolve       45 

Malibu  beach,  so  called,  in  Dorchester  district  of,  further 

improvements  at,  investigation  relative  to      .        Resolve       20 
market  limits  of,  use  further  regulated       ....       90  1,  2 

Massachusetts  avenue,  underpass  in  Commonwealth  avenue 

at  or  near  its  intersection  with,  construction  by        .  .     173  1-5 

mayor,  buildings  in  city  of  Boston,  construction,  alteration, 
etc.,  of,  laws  regulating,  special  commission  to  investigate 
relative  to,  three  members  of,  appointment  by     Resolve       71 
court  house  accommodations  for  courts  and  other  officials 
in  Suffolk  county,  additional,  temporary  borrowing  by 
city  to  provide  funds  to  meet  in  part  the  cost  of,  in 
anticipation  of  payments  by  state  and  federal  govern- 
ments, approval  by  ......     181 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Com- 
pany, acquisition  of  certain  property  of,  by  city  and 
lease  thereof  to  Boston  Consolidated  Gas  Company, 
powers  and  duties  as  to     .  .  .  .  .  .     292  2, 6,  9 

school  committee,  filling  of  vacancies  in,  by,  etc.     .  .     366  1, 2 

theatrical  and  like  exhibitions,  term  of  certain  licenses 

issued  for,  by  .  .  .  .  .  .  .  .91  1,  2 

underpass  in  Commonwealth  avenue  at  or  near  its  inter- 
section with   Massachusetts  avenue,   construction  of, 
powers  and  duties  as  to     .  .  .  .  .  .173  3, 6 

McDonald,  Daniel  J.,  pensioning  by  ....     368  1, 2 

money,  certain,  sum  of,  now  in  custody  of,  use  for  general 

purposes  of  Suffolk  county    ......     128  1-3 

motor  vehicles  transporting  property  for  hire  in,  certain, 

licensing  by  police  commissioner,  discontinued  .  .      122 

municipal  court  (see  District  courts). 

National  Industrial  Recovery  Act,  benefits  of,  securing  by, 
for   carrying   out   certain    subway    project,    extension   of 

provisions  of  certain  enabling  act  relative  to  .  .  .      159  1,  2 

Old  Colony  parkway  in  Dorchester  district  of,  Malibu 
beach  near,  further  improvements  at,  investigation 
relative  to  ......        Resolve       20 


Index.  757 


163 

366 

1-3 
1,2 

10 

1,2 

69 

445 

36t,  Page  610 

Item  or 
Chap.  Section. 

CITIES   AND    TOWNS  —  Contmued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston,  package  stores,  liquor,  number  of  licenses  that  may 

be  issued  for,  in         .......       14  1, 2 

park   department,    Commonwealth   avenue   underpass,    so 

called,  when  completed,  to  be  under  control  of     .  .      173  4 

transfer  by,  of  certain  park  land  to  trustees  under  will  of 

George  Robert  White 258  1,2 

police  commissioner  for,  licensing  by,  of  certain  motor  ve- 
hicles transporting  property  for  hire,  discontinued  .  .      122 
Port  Authority,  Boston,  functions  and  problems  of,  etc., 

study  by  special  commission  relative  to  .        Resolve       57 
appropriation  ........     445  36n 

public  works  department,  powers  and  duties  with  respect  to 
acquisition  by  city  of  certain  property  of  Dedham  and 
Hyde  Park  Gas  and  Electric  Light  Company  and  lease 
thereof  to  Boston  Consolidated  Gas  Company         .  .     292  1-9 

rabies,  treatment  against,  certain  provisions  of  law  relative 
to,  excepted  from  .......     375 

residents  of,  annual  listing  of,  for  voting  purposes,  informa- 
tion as  to  citizenship  required  in   .  .  .  .  .     226 

retirement   system,   members  of  judiciary,   provisions  for 

retirement  or  resignation  of,  as  affecting      .  .  .     409  5-7 

payments  under,  for  incapacity  or  death  occasioned  by 
an   accident  or  by   undergoing  a   hazard  peculiar  to 
member's  employment       ...... 

school  committee,  vacancies  in,  filling  of    . 
Shapiro,  Miriam  L.,  refunding  to,  of  certain  liquor  license 
fee  paid  to  ........ 

Shirley  Gut  in  Boston  harbor,  widening  and  deepening  of, 
investigation  as  to  .  .  .  .        Resolve 

appropriation  ........ 

sinking  funds,  board  of  commissioners  of,  establishment  by, 
of  sinking  funds  for  payment  of  bonds  issued  for  acquisi- 
tion by  city  of  certain  property  of  Dedham  and  Hyde 

Park  Gas  and  Electric  Light  Company  .  .  .     292  6 

subway  project,  certain,  securing  of  benefits  of  certain  acta 

and  joint  resolutions  of  congress  for  carrying  out  of,  by   .      159  1,  2 

Suffolk  county,  use  for  general  purposes  of,  of  certain  sum 

of  money  now  in  custody  of  .....     128  1-3 

Sumner  Tunnel  in,  operating  year  in  connection  with  opera- 
tion and  maintenance  of,  period  of,  changed  .  .  .93  1-4 
theatrical  and  like  exhibitions  in,  term  of  certain  licenses 

for 91  1, 2 

transit  department  of,  chairman  of,  to  be  member  of  special 
commission  to  investigate  relative  to  removal  of  Atlantic 
avenue  section,  so  called,  of  elevated  railway  structure  in 
city  of  Boston  .....        Resolve       22 

underpass  in  Commonwealth  avenue  at  or  near  its  inter- 
section with  Massachusetts  avenue,  construction  by      .      173  1-5 
treasurer  of,  Dedham  and  Hyde  Park  Gas  and  Electric  Light 
Company,  certain  property  of,  acqui.sition  by  city  of 
Boston  and  lease  thereof  to  Boston  Consolidated  Gas 
Company,  powers  and  duties  as  to      .           .           .           .     292  6 

Suffolk  county  court  house,  proposed  addition  to,  tem- 
porary borrowing  by  city  to  provide  funds  to  meet  in 
part  the  cost  of,  in  anticipation  of  payments  by  state 
and  federal  governments,  powers  and  duties  as  to  .      181 

underpass  in  Commonwealth  avenue  at  or  near  its  inter- 
section with   Massachusetts  avenue,   construction  of, 
powers  and  duties  as  to     .  .  .  .  .  .173  3 

tunnel,  vehicular,  between  Boston  proper  and  East  Boston 

(see,  supra,  Sumner  Tunnel), 
underpass  in  Commonwealth  avenue  at  or  near  its  inter- 
section with  Massachusetts  avenue,  construction  by         .     173  1-5 
West   Roxbury  district,   municipal   court  of   (see   District 

courts). 
White,  George  Robert,  will  of,  park  land,  certain,  transfer 

by  park  department  to  trustees  under  .  .  .     258  1,  2 

works  constructed   under,   admission  fees  to  demonstra- 
tions, lectures,  etc.,  at,  charging  by     .  .  .  .111  1,2 

Cambridge,  chief  of  fire  department,  office  placed  under  civil 

service  laws         ........     262  1,  2 


758  Index. 


Item  or 
Chap.  Section. 


CITIES   AND    TOWNS  —  Contimted. 

special  provisions  relative  to  particular  cities  —  Continued. 
Cambridge,  Gerry's  Landing  on  Charles  river  in,  building  for 
bath  house  and  recreational  purposes  at  beach  at,  investi- 
gation relative  to  ....  .        Resolve       54 

Memorial  drive,  Cottage  Farm  bridge  and  Brookline  street 
in,  overpass  at  or  near  intersection  of,  construction  of, 
investigation  relative  to         .  .  .    _      .        Resolve       75 

Northern  Artery,  so  called,  and  Prison  Point  viaduct,  so 
called,  intersection  of,  proposed  traffic  circle  at,  investi- 
gation relative  to  .  .        _ .     _     .  .        Resolve       24 
sewers,  additional,  in,  etc.,  investigation  by  metropolitan 
district  commission  relative  to       .          .  .        Resolve       42 
Chelsea,  city  solicitor,  appointment,  removal,  etc.  .  .       81  1,  2 
land,  certain,  conveyance  by,  to  commonwealth  for  armory 
purposes     .........     256 

mayor,  increasing  salary  of       .  .  .  .  .  .80  1,  2 

sewers  in,  etc.,  construction,  etc.,  by  metropolitan  district  ("433  1-9 

commission  .  .  .  .  .  .  .       _  .  \  446  3 

traffic  lights  at  junction  of  parkway  and  Webster  avenue  in, 
installation  by  state  department  of  public  works,  investi- 
gation relative  to  .  .  .  .  .        Resolve       64 

Chicopee,  armory,  erection  in,  investigation  by  armory  com- 
mission relative  to        ....  .        Resolve       34 

entry  upon  lands  within,  etc.,  by  town  of  West  Springfield 
in    investigating    relative    to    acquisition    of    additional 

sources  of  water  supply  .  .  .     _     .  .  .     207  1-3 

Everett,  Revere  Beach  parkway,  portion  of,  in,  etc.,  recon- 
struction    and     widening    of,     investigation     relative 
to  .  .  .  .  .  .  .  .        Resolve       75 

traffic  improvements  pertaining  to,  proposed,  investiga- 
tion relative  to  ....  .        Resolve       24 

sewers  in,  etc.,  construction,  etc.,  by  metropolitan  district  f  433  1-9 

commission  .  .  .  .  .  .  \  446  3 

Fall  River,  bridge  over  Taunton  river  between  town  of  Somer- 
set and,  proposed,  investigation  relative  to     .        Resolve       24 
preliminary  elections  in,  arrangement  of  names  of  candi- 
dates on  ballots  to  be  used  at         .  .  .  .  .     131 

Gloucester,  fish  and  commercial  pier  in  Gloucester  harbor,  con- 
struction   and    leasing    by    commonwealth,    powers    and 
duties  as  to,  etc.  .    _      .  .  .  .  .  .29  1,2 

Haverhill,  city  solicitor,  appointment  of        .    _      .  .  .     215  1-3 

flood  protection  works  along  Merrimack  river  and  Little 
river,  construction  and  maintenance  by,  and  use  of  cer- 
tain land  for  certain  municipal  purposes,  authorized  .     405  1-4 
Memorial  Park,  erection  and  maintenance  of  a  pumping 
station  in  part  of          .          .          .          .          .          .        _  .     106 

territory  of,  as  part  of  Merrimack  Valley,  so  called,  certain 
problems  in,  investigation  relative  to     .  .        Resolve       60 

Holyoke,  entry  upon  lands  within,   etc.,   by  town  of  West 
Springfield    in    investigating    relative    to    acquisition    of 

additional  sources  of  water  supply  .  .  .         _.     207  1-3 

Lawrence,  armory  purposes,  acquisition  of  land  for,  in,  investi- 
gation by  armory  commission  relative  to  .  _    Resolve       34 
Essex  county  training  school,  purchase  of  additional  land 

to  be  used  for  purposes  of,  in  .  .  .  .  .       69  1,  2 

highway    improvements    in,    etc.,    proposed,    investigation 
relative  to  ......        Resolve       24 

supplies,  purchase  by  purchasing  department  of         .  .     216  1,  2 

territory  of,  as  part  of  Merrimack  Valley,  so  called,  certain 
problems  in,  investigation  relative  to     .  .        Resolve       60 

Lowell,   claims,   certain,    legally   unenforceable  by  reason  of 
failure  to  comply  with  certain  provisions  of  law,  payment 

by .     396  1-3 

commissioner  of  soldiers'  relief  and  state  and  military  aid, 

office  placed  under  civil  service  laws       ....     319  1,  2 

district  court  of  Lowell  at,  additional  land  for  purposes  of, 

acquisition  by  Middlesex  county  .  ...  .42  1,2 

Pawtucket  boulevard,  so  called,  portion  of,  in,  maintenance 

as  a  state  highway,  investigation  relative  to    .        Resolve       24 
state  highway   between   city  of  Lawrence  and,   proposed, 
investigation  relative  to         ...  .        Resolve       24 


Index.  759 


Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued.. 

Lowell,  state  highway  over  route  of  old  Middlesex  turnpike,  so 

called,    from   Lexington   to   Chelmsford   with   connecting 

links    between    Chelmsford    and,    investigation    relative 

to       .......  .        Resolve       24 

territory  of,  as  part  of  Merrimack  Valley,  so  called,  certain 
problems  in,  investigation  relative  to      .  .        Resolve       60 

Lynn,  appropriations  for  school  purposes  in  ...     154  1-4 

Boston-Salem    turnpike,    so    called,    lighting   a    section   of, 
payment  of  part  of  cost  of,  by,  relief  from,  investigation 
relative  to  ......        Resolve       24 

bridge.    General    Clarence   R.    Edwards,    compensation    of 

draw  tenders  employed  at,  payment  by,  etc.,  discontinued     380 
Dwyer,  Roger,  widow  of,  payment  of  annuity  to,  by  .      193  1,  2 

North  Shore  road  in,  etc.,  lighting  of,  investigation  relative 
to       .......  .        Re.solve       24 

state   highway   improvements  in,    proposed,   investigation 
relative  to  .  .  .  .  .  .        Resolve       24 

water,  taking  from  Ipswich  river  by,  etc.,  time  extended      .       88 
Maiden,  district  court,   first,  of  eastern   Middlesex  in,   addi- 
tional    accommodations    for,     providing    by     Middlesex 
county        .........       50  1-4 

Medford,  board  of  aldermen,  vacaneies  in,  filling  by  remaining 

members  of  board         .......         9  1-4 

bridge  over  Mystic  river  at  Harvard  street  in,  construction 

of,  payment  of  portion  of  cost,  etc.  .  .  .     432  1-5 

appropriation  ........     445  726b, Page  612 

public  welfare,  board  of,  membership  increased  .  .      134  1-3 

Revere  Beach  parkway,  portion  of,  in,  etc.,  reconstruction 

and  widening  of,  investigation  relative  to        .        Resolve       75 
sewers  in,  etc.,  construction,  etc.,  by  metropolitan  district  ('433  1-9 

commission       .  .  .  .  .  .  .  .  \  446  3 

investigation  by  metropolitan  district  commission  rela- 
tive to     .  .  .  .  .  .        Resolve       42 

Melrose,  armory,  erection  in,  investigation  by  armory  com- 
mission relative  to        ....  .        Resolve       34 

biennial  municipal  elections  in,  holding  in  odd-numbered 

years  and  establishment  of  date  of  said  elections     .  .     266  1-7 

Ell  pond  in,  control  of     ......  .     259 

sewers  in  southeasterly  section  of,  construction  of  certain    .       58  1-7 

New  Bedford,  harbor  lines  in  New  Bedford  harbor,  relocation 

of  certain   . 127  1.2 

state  pier  at,  increasing  facilities  of,  investigation  relative 
to       .......  .        Resolve       74 

tax  abatements,  funding  by.  .  .  .  .  .171  1,2 

wards  and  voting  precincts,  redivision  into,  for  purposes  of 

municipal  elections       .......     313 

Newburyport,    territory    of,    as   part   of    Merrimack    Valley, 
so    called,    certain    problems    in,    investigation    relative 
to       .......  .        Resolve       60 

Newton,  biennial  municipal  elections  in         .  .  .  .150  1—7 

sewers,   additional,   in,  etc.,  investigation  by  metropolitan 

district  commission  relative  to        .  .  .        Resolve       42 

North  Adams,  tax  limit  in,  ordinance  fixing,  validated  .     306  1,  2 

Northampton,    bridge    to    be   constructed    over   Connecticut 
river  between  town  of  Hadley  and,  designated  as  Calvin 
Coolidge  Memorial  Bridge  .....       72 

expediting  of  work        .......     337 

land    takings   and    borrowing   of  money   by   Hampshire 

county  in  connection  with  .....      155  1—4 

Peabody,   water,   taking  from   Ipswich  river  by,   etc.,   time 

extended     .........       88 

Pittsfield,  police  department,  certain  drivers  of  patrol  wagons 
and  ambulances  of,  transferred  to  rank  of  regular  officers 
of  said  department       .......     272  1, 2 

state  highway  known  as  Route  Twenty  from,  to  Massachu- 
setts-New York  state  line,  installation  of  lighting  system 
on,  investigation  relative  to  ...        Resolve       24 

Quincy,  channel  from  Quincy  bay  to  Wollaston  Yacht  Club  and 
Squantum  Yacht  Club  in,  and  basin  in  front  of  said 
clubs,  dredging  of,  investigation  relative  to       Resolve       69 
appropriation  ........     446  36t,  Page  610 


760  Index. 


Item  or 
Chap.  Section. 


CITIES    AND    TOVTNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Concluded. 
Quinoy,   district  court  of  East  Norfolk  located  in,  adequate 

accommodations  for     .......      100  1-4 

state  highways,  proposed,  in,  investigation  relative  to  Resolve       24 
Town  river,  improvement  of ,  powers  and  duties  as  to   .  .     419  1,2 

appropriation  by  commonwealth         ....     445  694c, Page  611 

Weymouth  Fore  river,  harbor  line  in,  in  Braintree  and,  re- 
establishment  of  certain        ......     120  1-3 

Revere,  Boston-Salem  turnpike,  so  called,  lighting  a  section 
of,  payment  of  part  of  cost  of,  by,  relief  from,  investigation 
relative  to  ......        Resolve       24 

bridge,    General    Clarence   R.    Edwards,    compensation   of 

draw  tenders  employed  at,  payment  by,  etc.,  discontinued     380 
Brown,  Albert  J.,  pensioning  by        ....  .     309  1,  2 

highway  and  railroad  bridge  between  Revere  Beach  park- 
way and  North  Shore  road  in,  reconstruction  and  widen- 
ing of,  investigation  relative  to     .  .  .        Resolve       75 
North  Shore  road  in,  etc.,  lighting  of,  investigation  relative 
to       .......          .        Resolve       24 

Squireroadin,  extension  of,  investigation  relative  to    Resolve       24 
state   highway,    proposed,    in,    etc.,   investigation   relative 
to       .......  .        Resolve       24 

Salem,  Derby  wharf  and  adjacent  properties,  acquisition  and 
transfer  to  United  States  government  for  restoration  and 

preservation  as  a  national  monument,  state  co-operation  in     241  1-5 

foremen,    inspectors,    mechanics,    draw    tenders,    assistant 
draw  tenders  and  storekeepers,  retired,  formerly  in  em- 
ploy of,  pensions  payable  to,  increase  of  .  .      _    .     206  1,  2 
state   highway   improvements   in,    proposed,    investigation 
relative  to            ......        Resolve       24 

traffic  route  along  shore  in,   etc.,   proposed,  investigation 
relative  to  ......        Resolve       24 

water,  taking  from  Ipswich  river  by,  etc.,  time  extended        .       88 
Somerville,  bills  of  year  1935,  certain,  payment  by  .  .     388  1-3 

contracts,  certain,  awarding  by,  further  regulated        .  .     363 

elections,  non-partisan  municipal,  in,  relative  to  .  .211  1-3 

highway  and  traffic  improvements,   proposed,  in,  investi- 
gation by  state  department  of  public  works  relative  to 
certain         .......        Resolve       24 

sewers,  additional,  in,  etc.,  investigation  by  metropolitan 

district  commission  relative  to        .  .  .        Resolve       42 

Thompson,  J.  Edgar,  reinstatement,  temporary,  as  member 

of  fire  department  for  purposes  of  retirement  only   .           .      194  1,  2 
Springfield,  city  council,  salaries  for  members  of      .           .           .115  1-3 
Connecticut  river,  flood  protection  works  along,  construc- 
tion by 119  1-4 

entry  upon  lands  within,  etc.,  by  town  of  West  Springfield 
in    investigating    relative    to    acquisition    of    additional 

sources  of  water  supply  .  _.  ■    .  .  .■  ■     ^07  1-3 

Taunton,  Sabbatia  lake  and  adjacent  land  in,  acquisition  for 
state  reservation  purposes,  further  investigation  relative 
to       .......  .        Resolve       47 

Waltham,  Hardy  pond  in  Lakeview  section  of,  pollution  of, 
investigation  relative  to,  by  state  department  of  public 
health  in  co-operation  with  said  city  and  with  town  of 
Lexington  .......        Resolve       28 

sewers,  additional,  in,  etc.,  investigation  by  metropolitan 

district  commission  relative  to      .  .  .        Resolve       42 

Society  of  St.  Mary  of  the  Peace,  location  of  place  of  busi- 
ness of,  changed  to  town  of  Watertown  from  .  .  .161 
taxes,  certain,  overpayments  of,  assessed  to  Waltham  Watch 

Company,    funding    by  •    .  .  .•  •  •  •  ■     ^^^  ^~^ 

Westfield,  Apremont  park  in,  acquisition  and  development  as 
a  war  memorial  and  removal  thereto  of  a  certain  exist- 
ing memorial   ........     389 

appropriation       .  .  .  .  .  .  .  445  217a,  Page  610 

entry  upon  lands  within,  etc.,  by  town  of  West  Springfield 
in    investigating    relative    to    acquisition    of    additional 
sources  of  water  supply         ......     207  1-3 

Worcester,  Murphy,  Timothy  H.,  temporary  reinstatement  as 

employee  of,  for  sole  purpose  of  being  retired  .  .  .     254  1,  2 

special  provisions  relative  to  particular  tovrns : 

Adams,  Cassidy,  Edward  H.,  pensioning  by  ...     299  1, 2 


Index.  761 


164 

1,2 

145 

1-14 

145 

4 

Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 
Agawam,   entry   upon  lands  within,   etc.,   by   town  of  West 
Springfield    in    investigating    relative    to    acquisition    of 
additional  sources  of  water  supply  ....     207  1-3 

state  highway,  proposed,  in,  investigation  relative  to  Resolve       24 
Amesbury,  territory  of,  as  part  of  Merrimack  Valley,  so  called, 

certain  problems  in,  investigation  relative  to  .        Resolve       60 
Andover,   highway   and   traffic   improvements,    proposed,    in, 

etc.,  investigation  relative  to  .  .  .        Resolve       24 

territory  of,  as  part  of  Merrimack  Valley,  so  called,  certain 

problems  in,  investigation  relative  to      .  .        Resolve       60 

Arlington,  bridge  over  Mystic  river  at  River  street  in,  con- 
struction of,  payment  of  portion  of  cost,  etc.        .  .     432  1-5 
appropriation       .           .           .           .           .           .           .           .     445  726b,Page  612 

Barnstable,    Centerville-Osterville    Fire    District    in,    water 

supply  for,  and  its  inhabitants       .....      169  1-11 

Bedford,  Veterans'  Administration  Facility  in,  acquisition  by 
United  States  of  certain  lands  for,  consent  of  common- 
wealth to 361  1, 2 

Bellingham,  Scott  Hill  road  in,  laying  out,  etc.,  as  a  state 

highway,  investigation  relative  to  .  .        Resolve       24 

Billerica,  state  highway  through,  etc.,  investigation  relative 

to       .......  .        Resolve       24 

Blandford,    Barrington   turnpike  in,   etc.,   maintenance   as   a 

state  highway,  investigation  relative  to  .        Resolve       24 

Bourne,   advertising  purposes,    municipal,    expenditures    for, 

by     .  .  .  ....       

Buzzard's  Bay  ^A  ater  District  in,  establishment,  etc. 
payment  of  bonds  or  notes  of,  guarantee  by  said  town 
Braintree,  highway,  certain,  in,  etc.,  maintenance  as  a  state 

highway,  investigation  relative  to  .  .        Resolve       24 

land,  certain,  in,  acquisition  for  purposes  of  Norfolk  county 

tuberculosis  hospital    .......     330  1-3 

representative  town  government  by  limited  town  meetings, 

establishment  in  .......        17  1-14 

Weymouth  Fore  river,  harbor  line  in,  in   Quincy  and,  re- 
establishment  of  certain         ......      120  1-3 

Brookline,   highway  and  traffic  improvements,   proposed,  in, 

investigation  relative  to  certain      .  .  .        Resolve       24 

traffic  circle,  construction  of,  at  intersection  of  West  Rox- 
bury  parkway  and  Grove  street  in,  investigation  relative 
to       .......  .        Resolve       43 

Burlington,  state  highway  through,  etc.,  investigation  rela- 
tive to         ......  .        Resolve       24 

Canton,  land,  certain,  conveyance  by  trustees  of  Massachu- 
setts Hospital  School  for  highway  purposes  to  .  .      175 
Chelmsford,  chief  of  police,  office  of,  and  positions  of  mem- 
bers of  regular  and  permanent  police  force  placed  under 
civil  service  laws            .           .           .           .           .  .48  1,  2 

state  highway  from  Lexington  to,  over  route  of  old  Middle- 
sex  turnpike,   so   called,   with   connecting   links   between 
Chelmsford  and  Lowell,  investigation  relative  to     Resolve       24 
territory  of,  as  part  of  Merrimack  Valley,  so  called,  certain 

problems  in,  investigation  relative  to      .  .        Resolve       60 

Chilmark,   Lower  Chilmark,   West  Tisbury  and  Squibnocket 

ponds  in,  fishing  in,  without  license,  permitted         .  .      152  1,  2 

Colrain,    reimbursement    of,    by    commonwealth    for   moneys 
expended  by  said  town  in  repairing  and  reconstructing 
certain  bridges     .  .  .  .  .  .  .  .351 

Conway,  conveyance  by,  to  Conway  Cemetery  Association  of 
certain  cemetery  funds,  etc.,  extension  of  time  for  court 
decree  authorizing         .......     350  1,  2 

Dalton,  Bartley,  William  M.,  school  janitor,  pensioning  by 

school  committee  of     .  .  .  .  .  .  .6  1, 2 

Danvers,  sewerage  system,  construction,  maintenance  and 
operation  by,  and  change  of  de.signation  and  enlargement 
of  powers  and   duties   of   water   commissioners   of   said 

town 328  1-6 

water,  taking  from  Ipswich  river  by,  etc.,  time  extended      .       88 
Dartmouth,  harbor  at  Padanaram  in,  and  mouth  of  Paska- 
mansett  river  therein,  improvements  in,  investigation 
relative  to  certain     .....        Resolve       69 
appropriation      ........     445   36t,  Page  610 


762  Index. 


Item  or 
Chap.  Section. 

CITIES    AND    TOWt!lS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 
Dedham,  Charles  river  meadows,  so  called,  in,  etc.,  improve- 
ment of,  investigation  relative  to  .  .  .        Resolve       40 
district  court  of  northern  Norfolk  located  in,  adequate  ac- 
commodations for         .......     100  1-4 

Stone  Park,  so  called,  in,  use  for  playground  and  athletic 
field  purposes      ........       51 

Veterans  of  Foreign  Wars  Parkway,   so  called,  extension 
into,  investigation  relative  to  .  .  .        Resolve       40 

Dennis,  Swan  Pond  river  or  any  ponds  and  streams  connected 
therewith  in,  use  of  beam  or  otter  trawls  in  taking  fish 
from,  prohibited         _    .  .  .  .  .  .  .      182  1,  2 

Douglas,  state  highway  improvements  in,  etc.,  proposed,  in- 
vestigation  relative   to  ...  .        Resolve       24 

Dover,  land,  certain,  in,  conveyance  to  Alice  W.  Saltonstall 

by  trustees  of  Medfield  state  hospital      ....     329 

Dracut,  police  department,  civil  service  laws  applicable  to, 
vote  of  town  by  which  it  revoked  its  acceptance  of,  vali- 
dated          .32  1-3 

territory  of,  as  part  of  Merrimack  Valley,  so  called,  certain 

problems  in,  investigation  relative  to      .  .        Resolve       60 

Duxbury,  railroad  service  in,  contribution  toward,   by  said 

town 354  1,2 

Edgartown,  boundary  Ime  between  town  of  Oak  Bluffs  and, 

,    portion  of,  re-established  and  defined      ....     265  1-3 

improvement  of  Edgartown  harbor,  powers  and  duties  as 
to       .......  .        Resolve       27 

Oyster,  Edgartown  and  Trapp  ponds  in,  fishing  in,  without 

license,  permitted  .  .  .  .  .  .  .152  1,  2 

Essex,  wines  and  malt  beverages,  question  of  granting  licenses 
for  sale  of,  in,  voting  on,  by  said  town  at  its  annual  town 
meeting  in  current  year        ...... 

Fairhaven,  borrowing  of  money  by,  for  purpose  of  improving 
Fairhaven  harbor  ....... 

Foxborough,   boundary  line  between  town  of  Walpole  and, 
established  ........ 

Framingham,  state  highway,  proposed,  in,  etc.,  investigation 
relative  to  .  .  .  .  .  .  .        Resolve 

Gay  Head,  land,  certain,  in,  acquisition  by  county  commis- 
sioners of  Dukes  County  for  park  purposes 
Squibnocket  pond  in,  fishing  in,  without  license,  permitted  . 
Gosnold,    Cuttyhunk    harbor,    improvement    of,    powers    and 

duties  as  to  .  .  .  .  .  .        Resolve       29 

Great  Harrington,  Barrington  turnpike  in,  etc.,  maintenance 

as  a  state  highway,  investigation  relative  to    .        Resolve       24 
Greenfield,  bridge  over  Connecticut  river  between  town  of  Mon- 
tague and,  proposed,  investigation  relative  to  Resolve       24 
"old  court  house  property",  so  called,  owned  by  Franklin 

county  and  located  in,  sale  and  taxation  of      .  .  .67  1,2 

Groveland,  territory  of,  as  part  of  Merrimack  Valley,  so  called, 

certain  problems  in,  investigation  relative  to  .        Resolve       60 
Hadley,  bridge  to  be  constructed  over  Connecticut  river  be- 
tween city  of  Northampton  and,  designated  as  Calvin 
Coolidge  Memorial  Bridge  .....       72 

expediting  of  work        .......     337 

land   takings   and   borrowing   of   money   by   Hampshire 

county  in  connection  with  .....      155  1-4 

Mount  Holyoke  in,  etc.,  tract  of  land  on,  acquisition  for 
state  forest  purposes,  investigation  relative  to       Resolve       44 
Hanover,  state  highway,  proposed,  in,  etc.,  investigation  rela- 
tive to         ......  .        Resolve       24 

Hanson,  Plymouth  county  tuberculosis  hospital  in,  making  of 
improvements  at  ....... 

Harvard,  water  supply  for,  and  its  inhabitants 
Harwich,  appropriations  by,  for  public  amusements 

Brooks  park  in,  use  for  school  purposes,  certain  pro\'isions 

of  law  relative  to,  repealed  .  .  .  .  .  .33  1,2 

Witchmere   harbor  in,    Nantucket  sound   at  entrance   to, 
improvements    in,    investigation    relative    to    cer- 
tain    .......        Resolve       69 

appropriation  ........     445  36t,  Page  610 

Hingham,  district  court,  second,  of  Plymouth  located  in,  ac- 
quisition of  property  for  use  of     .  .  .  .  .63  X-4 


55 

1.2 

204 

1.2 

140 

1-3 

24 

105 
152 

1.  2 

61 

1-3 

104 

1-10 

82 

1.2 

69 

445 

24 

36t, 

Page  610 

69 

445 

36t. 

Page  610 

98 

1-3 

16 

1-3 

Index.  763 

Item  or 
Chap.  Section. 

CITIES   AND    TOWl!fS  —  Continved. 

special  provisions  relative  to  particular  towns  —  Continued. 
Hindhaiu,  highway,  certain,  in,  etc.,  maintenance  as  a  state 

highway,  investigation  relative  to  .  .        Resolve       24 

Holdcn,  bathing  facilities,  additional,  in,  providing  by  metro- 
politan district  commission,  deficiency  appropriation         .     234  Page  253 
Holliston,  chief  of  police,  office  placed  under  civil  service  laws  .8  1,2 
Hopkinton,  state  highway,  proposed,  in,  etc.,  investigation  rela- 
tive to         ......          .        Resolve       24 

Hull,   appropriation  of  money  by,   to   provide   facilities  for 
holding  therein  state  convention  of  Veterans  of  Foreign 
Wars  of  the  United  States     .  .  .  .  .  .54  1,2 

Hull  bay  in,  improvements  in,  additional  contribution  by 
state  department  of  public  works  toward,  investiga- 
tion relative  to      .  .  .  .  .        Resolve 

appropriation  ........ 

state  highway,  proposed,  in,  investigation  relative  to  Resolve 

Windmere  in,  dredging  of  inlet  at,  and  installation  of  tide 

gate,  investigation  relative  to  .  .        Resolve 

appropriation  ........ 

Ipswich,    Burley    Education    Fund    in    Ipswich,    Trustees   of, 
investment  and  disbursement  of  funds  in   hands  of,   as 
affecting      ......... 

Great  Neck,  land  at,  owned  by,  board  of  trustees  to  manage, 
establishment  of  ....... 

Lexington,  Hardy  pond  in  city  of  Waltham,  pollution  of,  in- 
vestigation  relative   to,    by   state   department   of   public 
health  in  co-operation  with  said  city  and  with       Resolve       28 
state  highway  from  Maple  street  in,  to  town  of  Chelmsford, 

etc.,  investigation  relative  to  .  .  .        Resolve       24 

Marblehead,    fire    department,    reinstatement    of    Fredric    J. 

Hinch  and  Ralph  C.  Putnam.  Jr.,  in  permanent  force  of  .     290  1,  2 

traffic  route  along  shore  in,  etc.,   proposed,  investigation 

relative  to  ......        Resolve       24 

Marshfield,  Green  harbor  in,  dredging  portion  of,  investiga- 
tion relative  to  ....  .        Resolve       69 

appropriation       ........     445   36t,  Page  610 

railroad  ser\dce  in,  contribution  toward,  by  said  town  .  .     354  1,  2 

Medfield,  chief  of  police,  office  placed  under  civil  service  laws  .31  1,2 

Medwaj',  chief  of  police,  office  placed  under  ci\dl  service  laws  .5  1,2 

Merrimac,  territory  of,  as  part  of  Merrimack  Valley,  so  called, 

certain  problems  in,  investigation  relative  to  .        Resolve       60 
Methuen,  state  highway  improvements  in,  etc.,  proposed,  in- 
vestigation relative  to  ....        Resolve       24 

territory  of,  as  part  of  Merrimack  Valley,  so  called,  certain 

problems  in,  investigation  relative  to  .        Resolve       60 

Milford,  fire  department,  appointment  of  certain  call  men  in, 

to  permanent  force  of  said  department  .37  1,  2 

town  meeting  member  at  large  of,   chairman  of   board  of 

sewer  conmiissioners  to  be     .  .  .  .  .  .35  1,2 

Milton,  Hemenway's  pond  in,  dredging,  etc.,  of,  investigation 

relative  to  ......        Resolve       54 

police  or  fire  force,  widows  of  members  of,  killed  or  dying 
from  injuries  received  in  performance  of  duty,  amount  of 

certain  annual  allowances  payable  to,  increased  .  .     231  1,2 

sewers,   additional,  in,  etc.,   investigation  by  metropolitan 

district  commission  relative  to      .  .  .        Resolve       42 

state   highway,    proposed,    in,    etc.,    investigation   relative 
to       .......  .        Resolve       24 

Montague,   bridge  over  Connecticut  riv^er  between   town  of 

Greenfield  and,  proposed,  investigation  relative  to  Resolve       24 
Monterey,   Barrington   turnpike  in,   etc.,   maintenance  as  a 

state  highway,  investigation  relative  to  .  .        Resolve       24 

Nahant,  property,  certain,  in  Bass  Point  section  of,  acquisition 
by  metropolitan  district  commission  for  recreational  pur- 
poses, investigation  relative  to     .  .  .        Resolve       54 
state    highway,    proposed,    in,    etc.,  investigation   relative 
to       .          ...          .          .          .  .        Resolve       24 

Nantucket,  appropriations  by,  for  municipal  advertising  pur- 
poses and  for  public  amusements  .....      139  1-3 

Burgess,  Samuel  T.,  widow  of,  payment  of  an  annuity  to,  by     242  1,  2 

fisheries  in  vicinity  of,  further  protection  of         .  .  .49  1-7 

fisheries  of,  acquisition  of  certain  land    for   improvement 

of .65  1-3 


764 


Index. 


CITIES   AND    TOWNS  —  Co?)<mue<f. 

special  provisions  relative  to  particular  towns  —  Continued. 

Nantucket,  ponds  in,  deposit  without  right  of  certain  articles 

and  materials  in,  penalty      ...... 

Natick,  Lake  Cochituate  in,  use  for  boating  and  fishing  .      _    . 

Needham,  chairman  of  planning  board  to  be  town  meeting 

member  at  large  of     ......  . 

Newbury,  territory  of,  as  part  of  Merrimack  Valley,  so  called, 

certain  problems  in,  investigation  relative  to  .        Resolve 

Norfolk,  land,  certain,  in,  used  for  purposes  of  state  prison 

colony,  sale  by  commissioner  of  correction 
North  Andover,  chief  of  police,  office  placed  under  civil  service 
laws  .......... 

territory  of,  as  part  of  Merrimack  Valley,  so  called,  certain 

problems  in,  investigation  relative  to      .  .        Resolve 

Northbridge,  chief  of  police,  office  placed  under  civil  service 

laws  .  .  .  .  .  .  .   _       .  .      _    . 

state    highway,    proposed,    in,    etc.,    investigation   relative 
to       .......  .        Resolve 

North  Reading,  motor  bus  service  in,  cost  of,  contributions 
by  said  town  toward    ....... 

Norwood,  Neponset  river  in,  dredging  and  deepening  of  chan- 
nel of,  or  altering  course  thereof,  investigation  relative 
to  .  .  .  .  .  .  .  .       Resolve 

appropriation      ....... 

Oak  Bluffs,  boundary  line  between  town  of  Edgartown  and 
portion  of,  re-established  and  defined 
Farm  pond  in,  fishing  in,  without  license,  permitted    . 
Orleans,  appropriations  by,  for  public  amusements 

state  highway  from,  to  town  of  Provincetown,  improvement 
of,  investigation  relative  to  .  .  .  .        Resolve 

Otis,   Barrington   turnpike  in,   etc.,   maintenance  as  a  state 

highway,  investigation  relative  to  .  .        Resolve 

East  Otis  reservoir  in,  outlet  and  spillway  of,  screening  by 

department  of  conservation  ..... 

Palmer,  state  highway  between  town  of  West  Brookfield  and, 

reconstruction  of,  investigation  relative  to     .        Resolve 

Plymouth,  Buzzard's  Bay  Water  District,  water  supply  for, 

from  sources  within  portion  of        . 

chief  of  fire  department,  office  placed  under  civil  service  laws 

county  jail  and  house  of  correction  in,  making  of  certain 

improvements  at  ....... 

Wixon,  Lincoln  S.,  pensioning  by       ....  . 

Provincetown,  province  lands  at  (see  Province  lands). 

state  highway  from  town  of  Orleans  to,  improvement  of, 
investigation  relative  to         ...  .        Resolve 

Reading,    common    sewer,    regulations    requiring    owners    of 

buildings  to  connect  with,  establishment  by    . 
Rehoboth,  property  of  the  Baker  and  Horton  Cemetery  Asso- 
ciation, authorized  to  receive  and  administer  .      _    . 
Rockland,    state   highway,    proposed,   in,    etc.,   investigation 
relative  to             ......        Resolve 

Rockport,  Halibut  Point,  so  called,  in,  acquisition  by  com- 
monwealth for  public  reservation  purposes,  investigation 
relative  to  ......        Resolve 

Old  Garden  Beach  Landing,  so  called,  portion  of,  conveyance 
to  Thomas  Tertius  Noble  by  ....  . 

Rutland,  bathing  facilities,  additional,  in,  providing  by  metro- 
politan district  commission,  deficiency  appropriation 
borrowing  of  money  by,  for  school,  library  or  town  office 
building  purposes  ....... 

Second  Rural  Cemetery  Association,  property  of,  author- 
ized to  receive  and  administer,  etc.  .  .  .  . 

Salisbury,  territory  of,  as  part  of  Merrimack  Valley,  so  called, 
certain  problems  in,  investigation  relative  to  Resolve 

Sand^ach,  public  amusements,  appropriations  for,  by     .  . 

Saugus,  Boston-Salem  turnpike,  so  called,  lighting  a  section 
of,  payment  of  part  of  cost  of,  by,  relief  from,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve 

bridge.    General    Clarence   R.    Edwards,    compensation   of 

draw  tenders  employed  at,  payment  by,  etc.,  discontinued 

state  highways,   proposed,   in,   etc.,   investigation   relative 

to       .......  .        Resolve 

Savoy,  income  tax  receipts,  distribution  from,  to  . 


Chap. 


156 
197 


68 
60 


200 


60 
12 


24 
334 


21 

434 

265 

152 

83 

24 

24 

296 

24 

145 

244 

62 
60 


24 
280 


75 
24 


44 
110 


234 
289 


293 


60 

142 


24 
380 


24 
369 


Item  or 
Section. 


1.2 
1.2 


1,2 
1.2 
1.2 


36e,  Page  584 

1-3 

1,2 
1.2 


2 
1.2 

1-4 
1.2 


1,2 
1-4 


1.2 

Page  253 

1.2 

1-4 

1.2 


1,2 


Index.  765 


Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 
Scituate,  Musquashiat  pond  in,  improvement  of  conditions  at, 

investigation  relative  to     .  .  .  .        Resolve       13 

appropriation      ........     434    36c,  Page  584 

Peggoty  beach  in,  land  adjoining,  acquisition  and  mainte- 
nance for  recreational  and  vehicle  parking  purposes  by 
said  town  and  certain  action  at  current  town  meeting  in 
connection  therewith  validated      .....     109  1-3 

Shutesbury,  Centre  Cemetery,  all  or  any  part  of,  and  a  certain 

way,  use  for  school  and  school  yard  purposes  by      .  .      187  1-3 

Somerset,   bridge  over  Taunton  river   between    city  of   Fall 

River  and,  proposed,  investigation  relative  to       Resolve       24 
South  Hadley,  Mount  Holyoke  in,  etc.,  tract  of  land  on,  acqui- 
sition   for   state   forest   purposes,    investigation   relative 
to       .......  .        Resolve       44 

Southwick,  entry  upon  lands  in,  by  town  of  West  Springfield 
in  its  investigation  relative  to  acquisition  of  additional 
sources  of  water  supply         ......     207  1 

Sterling,  bathing  facilities,  additional,  in,  providing  by  metro- 
politan district  commission,  deficiency  appropriation         .     234  Page  253 
East  Waushacum  pond  in,  diversion  of  waters  of,  by  metro- 
politan district  commission,  completion  of  .           .           .     225  1,  2 
appropriation       ........     434  758b,Page  584 

Sudbury,  state  highway,  proposed,  in,  etc.,  investigation  rela- 
tive to         ......  .        Resolve       24 

Sutton,  Manchaug  Water  District  of  Sutton  in,  establishment, 

etc.    .  .  .  .  .  •  .       •   .       :  .  .     179  1-14 

state   highway,   proposed,    in,   etc.,    investigation    relative 
to       .......  .        Resolve       24 

Swansea,  Swansea  Fire  and  Water  District  in,  abolished  .  .92  1,2 

Tewksbury,  chief  of  police,  office  placed  under  civil  service 

laws 2  1,  2 

territory  of,  as  part  of  Merrimack  Valley,  so  called,  prob- 
lems in,  investigation  relative  to  .          .          .        Resolve       60 
Tisbury,  Tashmoo  pond  in,  fishing  in,  without  license,  per- 
mitted        . .152  1,2 

Truro,  shore  of,  construction  of  breakwater  for  protection  of, 

investigation  relative  to    .  .  .  .       Resolve       69 

appropriation       ........     445  36t,  Page  610 

Tyngsborough,   territory   of,   as  part  of   Merrimack  Valley, 
so    called,    certain    problems    in,    investigation   relative 
to       .......  .        Resolve       60 

Upton,  state  highway,  proposed,  in,  etc.,  investigation  relative 

to       .......  .        Resolve       24 

Wakefield,  highway  in,  known  as  Route  One  Hundred  and 

Twentj--nine,  lighting  of,  investigation  relative  to   Resolve       24 
state    highway,   proposed,    in,    etc.,    investigation    relitive 
to      .......  .        Resolve       24 

Walpole,   boundary  line  between  town  of  Foxborough  and, 

established 140  1-3 

Ware,  Quabbin  Park  cemetery  in,  funds  for  perpetual  care  of 

lots  in,  transfer  of       ....          .        Resolve       52 
Warren,  borrowing  of  money  by,  for  town  hall  building  pur- 
poses   376  1,  2 

Watertown,  Charles  river  in,  beach  at  location  of  proposed 
public  bath  house  on,  construction  by  metropolitan  dis- 
trict commission,  assessment  on  said  town  of  one  half  of 
cost,  etc.     .  .  .  .  .  .  .  .  .     178 

sewers,  additional,  in,  etc.,  investigation  by  metropolitan 

district  commission  relative  to        .  .  .        Resolve       42 

Society  of  St.  Mary  of  the  Peace,  location  of  place  of  business 
of,  changed  from  city  of  Waltham  to      .  .  .  .     161 

Wayland,  state  highway,  proposed,  in,  etc.,  investigation  rela- 
tive to         ......  .        Resolve       24 

Webster,  land  known  as  Morris  Hunt  Slater  Park,  validation 

of  conveyance  by  ......  .     263  1,  2 

state   highway,    proposed,    in,    etc.,    investigation    relative 
to       .......  .        Resolve       24 

West  Brookfield,  state  highway  between  town  of  Palmer  and, 

reconstruction  of,  investigation  relative  to     .        Resolve       24 
West   Newbury,  territory  of,  as  part  of  Merrimack  Valley, 
so    called,    certain    problems    in,    investigation    relative 
to       .......  .        Resolve       60 


766  Index. 


Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Concluded. 

special  provisions  relative  to  particular  towns  —  Concluded. 
Weston,  state  highway,  proposed,  in,  etc.,  investigation  rela- 
tive to         ......  .        Resolve       24 

Westport,  Horse  Neck  beach  in,  acquisition  and  maintenance 

as  a  state  reservation,  investigation  relative  to  Resolve       44 

West  Springfield,  water  supply  for,  acquisition  of  additional 

sources  of,  investigation  as  to,  by  .        _ .  ._         .     207  1-3 

West  Tisbury,  West  Tisbury  pond  in,  fisliing  in,  without  license, 

permitted   .  .  .  .  .  .  .152  1,  2 

Westwood,  chief  of  police,  office  of,  and  positions  of  members 
of  regular  or  permanent  police  force  of,  placing  under  civil 
service  laws  .  .  .  .  .  .  .30  1,  2 

Weymouth,  highway,  certain,  in,  etc.,  maintenance  as  a  state 

highway,  investigation  relative  to  .  .  .        Resolve       24 

police  department,  retirement  of  permanent  members  of, 
and  validation  of  certain  action  taken  by  said  town  and 
its  officials  in  relation  thereto        .....       70  1,  2 

Winchester,    wires    and    electrical    appliances,    overhead,    in, 

removal  or  placing  underground  of  certain      .  .  .71  1-6 

Winthrop,   Shirley  Gut   between   Deer  Island  and,   widening 

and  deepening  of,  investigation  as  to  .  .        Resolve       69 

appropriation       ........     445   36t,  Page  610 

Winthrop  shore  drive  in,  public  lavatory  on,  construction  of, 

investigation  relative  to  Resolve       54 

Citizens,  United  .States,  of,  applicants  for  registration  as  veterina- 
rians requirc^l  to  be      .  .  .  .  .  .  .66 

CITY  AND   TOWN   AUDITORS: 

retirement  boards,  municipal,  as  members  of    .  .  .  .57  1,2 

temporary,  appointment,  bond,  etc.  .....      143  3, 4 

CITY  AND   TOWN   CLERKS: 
in  general: 

births,    abnormal   sex,   records  and   returns  of,   powers   and 

duties  as  to  ........       78  1, 2 

dog  kennels,  licensed,  removal  to  other  municipalities  within 

same  county,  powers  and  duties  as  to    .  .  .  .95 

filing  and  recording  of  instruments  with: 

nomination,  acceptances  of,  time  for  filing  certain       .  .       45  1 

state  highways,  laying  out  and  construction  by  state  depart- 
ment of  public  works,  plans,  certificates,  etc.,  as  to  .  .     218  1 
war  veterans'  organizations,  incorporated,  headquarters  for 

local  posts  of,  providing  by  cities  and  towns,  petitions  for     255 
primaries,  city  and  town,  intention  of  certain  committees  to 

participate  in,  notice  of,  furnishing  to    .  .  .  .     410 

proportional  representation  and  preferential  voting,  election  of 

city  and  town  officers  by,  powers  and  duties  as  to     .  .     345 

retirement  systems  for  cities  and  towns,  powers  and  duties  as 

to       ... 57  3 

vacations  for  certain  municipal  employees,  acceptance  of  law 

providing  for,  powers  and  duties  as  to     .  .  .  .15 

city  clerks,  preliminary  elections  in  cities  having  standard  form 
charters,  certain  statements  and  petitions  of  candidates 
to  be  voted  for  at,  time  for  filing  with     ....     147 

town  clerks,  absent  voting  at  regular  town  elections,  powers 

and  duties  as  to  .  .  .  .  .  .  .77  1-4 

bond,  giving  by  .  .  .  .  .  .  .  .     143  1 

town  officers,  temporary,  appointment  of  certain,  certificate 

of,  filing  with       ........     143  3 

CITY  AND   TOWN  TREASURERS: 

bond,  gi\'ing  by,  etc.       .  .  .  .  .  .  .  .      143  2 

retirement  systems,  municipal,  powers  and  duties  as  to      .  .     336  17 

state  tax,  apportionment  and  assessment  of,  duties  as  to   .  .     444  2-4 

temporary,  appointment,  bond,  etc.  .  .  .  .    _      .     143  3, 4 

City  charters,  standard  form,  cities  having,  preliminary  elections 
in,  filing  of  certain  statements  and  petitions  by  candidates 
to  be  voted  for  at,  time  for  ......     147 

See  also  Standard  form  charters. 
City  committees  (see  Elections,  political  committees). 
CITY  COUNCILS: 

eyeglasses  for  needy  school  children,  expenditures  for,  under 

direction  of  mayors  and         ....._.     185 

fish  and  game  wardens  and  deputy  coastal  wardens  paid  by 

cities,  gradual  abolition  of  offices  of,  powers  as  to    .  .     413  3 


Index. 


767 


CITY    COVNCILS  — Concluded. 

Plan  B  form  of  charter,  cities  having,  in,  filling  of  vacancies  in    . 

police  officers,  one  day  off  in  every  seven  days  for,  law  providing 
for,  acceptance  by        .....  . 

proportional  representation,  election  by,  of,  etc. 

retirement  systems  for  cities,  powers  and  duties  as  to 

wards,  redivision  of,  taking  effect  of,  powers  as  to     . 
Civil  actions  (see  Actions,  civil;  Practice  in  civil  actions). 
CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF 


in  general,  appropriations 


Chap. 

224 

85 
345 

57 
412 


civil  service,  division  of,  appropriations  .... 

commissioner,  metropolitan  district  commission,  regular  and 
reserve  police  forces  of,  appointments  to,  powers  and 
duties  as  to  .  .  .  ... 


registration,  division  of,  in  general,  appropriations 


confidential  secretaries,  appointment  and  removal  of,  pro- 
visions of  law  relative  to,  not  applicable  to      . 
barbers,  board  of  registration  of,  applicants  for  registration  by, 
practice  of  barbering  by,  pending  registration,  provisions 
of  law  permitting,  repealed  ...... 

appropriations         ........ 

law  relative  to  registration  of  barbers,  etc.,  by,  made  effec- 
tive  throughout   commonwealth   ..... 
chiropody  (podiatry),  board  of,  registration  in,  appropriation  . 

establishment,  etc.  ....... 

dental  examiners,  board  of,  appropriations    .... 

dentists  and  dental  hygienists  registered  by,  practice  of  den- 
tistry by,  further  regulated  ...... 

electricians,  state  examiners  of,  appropriations 

embalming   and   funeral   directing,   board   of   registration   in, 

appropriations         ........ 

hairdressers,  board  of  registration  of,  appropriations 

powers  and  duties  further  defined      ..... 

medicine,  board  of  registration  in,  appropriations  .  .  • 

establishment  of  board  of  registration  in  chiropody  (podia- 
try)  and  regulation  of  practice  of  chiropody  (podiatry), 
as  affecting  ........ 

salaries  of  chairman  and  certain  other  members  established  . 
secretary'  of,  approval  by,  etc.,  of  courses  required  for  cer- 
tain degree  to  be  conferred  by  Trustees  of  Middlesex 
University  ........ 

nurses,  boaid  of  registration  of,  appropriations 
optometry,  board  of  registration  in,  appropriations 
pharmacy,  board  of  registration  in,  appropriations 

assistant    pharmacists    exercising    privileges    of    registered 
pharmacist  during  temporary  absence  of  latter,  powers 
as  to  .  .  .  .  .  .  . 

rules  and  regulations  by,  relating  to  retail  drug  business, 
pharmacy,  etc.     ........ 

plumbers,  state  examiners  of,  appropriations 

public  accountants,  board  of  registration  of,  appropriations     . 

veterinary  medicine,  board  of  registration  in,  apphcants  for 

registration  by,  required  to  be  citizens  of  United  States   . 

appropriations  ........ 

Civil  service,  division  of  (see  Civil  service  and  registration,  depart- 
ment of). 
CIVIL    SERVICE   LAWS: 

blind  persons,  preference  to,  in  employment  of  typists  in  certain 
cases  by  state  departments,  boards  and  commissions 
under  ......... 


234 


434 


234 
434 


416 

234 


434 


414 


Item  or 
Section. 

1-3 

1 

3 


410-444; 

Page  252 

412-442; 

417,  Page 

583 

411-413 

412 


1,3,5 
414-444; 
Page  252 
414-442; 
417, 
Page  583 

1 


94 

234/ 

441,442; 
Page  252 

434 

442 

184 

445  444a,Page611 

425 

1-15 

234 

420-422 

253 

234 

435, 436 

234 

428-430 

434 

429 

234 

443, 444 

385 

1-8 

234 

417-419 

434  417 

Page  583 

425 

1-15 

379 

326 

2 

234 

426,  427 

234 

431, 432 

234 

423-425 

343 

343 
234 
234 

66 
234 


223 


1,3 

2,  5,  6 
439,  440 
437,  438 


433, 434 


768  Index. 


190 

1,  2 

31 

1,  2 

5 

1,  2 

37 

1,2 

7 

1.  2 

12 

1,  2 

272 

1,  2 

244 

1.  2 

84 

1,  2 

2 

1.  2 

Item  or 
Chap.  Section. 

CIVIL   SERVICE   "LAWS  —  Concluded. 

Cambridge,  chief  of  fire  department,  office  placed  under     .  .     262  •  1,2 

Chelmsford,  chief  of  police,  office  of,  and  positions  of  members  of 

regular  and  permanent  police  force  placed  under       .  .48  1,2 

confidential  secretaries,  certain,  exempt  from   .  .  .  .     414  1,  2 

Dracut,  police  department,  applicable  to,  vote  of  town  by  which 

it  revoked  its  acceptance  of,  validated   .  .  .  .32  1-3 

Holliston,  chief  of  police,  office  placed  under     .  .  .  .8  1,2 

investigation  relative  to  .....        Resolve       41 

Lowell,  commissioner  of  soldiers'  relief  and  state  and  military 

aid,  office  placed  under  .  .  .  ...     319  1,  2 

Marblehead,  fire  department,  reinstatement  of  Fredric  J.  Hinch 
and  Ralph  C.  Putnam,  Jr.,  in  permanent  force  of,  without 
examination  under        ....... 

Medfield,  chief  of  police,  office  placed  under     .... 

Medway,  chief  of  police,  office  placed  under     .  .  .       _    . 

metropolitan    district   commission,    regular   and   reserve   police 

forces  of,  appointments  to,  under  .....     416  1,  3,  5 

Milford,  fire  department,  appointment  to  permanent  force  of, 
of  certain  call  men  in  said  department  without  examina- 
tion, etc.,  under  ....... 

North  Andover,  chief  of  police,  office  placed  under     . 

Northbridge,  chief  of  police,  office  placed  under 

parole,  board  of,  employees  of,  transfer  to  serve  under  new  parole 

board  without  impairment  of  status  under     .  .  .     399 

Pittsfield,  certain  drivers  of  patrol  wagons  and  ambulances  of 
police  department  of,  made  regular  officers  of  said  depart- 
ment without  further  examination  under,  etc. 
Plymouth,  chief  of  fire  department,  office  placed  under 
state  superintendent  of  buildings,  all  employees  of,  placed  under 
Tewksbury,  chief  of  police,  office  placed  under  .... 

Westwood,  chief  of  police,  office  of,  and  positions  of  members  of 

regular  or  permanent  police  force  placed  under       .  .30  1,  2 

Worcester,  Murphy,  Timothy  H.,  reinstatement  as  employee  of, 

forretirementpurposes  without  further  examination  under     254  1,2 
Civil  war  veterans,  care  of,  and  their  wives  and  widows,  appro- 
priations    .          .          .         _. 234  162 

records  of,  publication  of,  appropriation  .  .  .  .     234  163 

state  service,  formerly  in,  compensation,  appropriation       .  .     234  727 

See  also  Grand  Army  of  the  Republic;   Grand  Army  of  the  Re- 
public Highway;  Soldiers,  sailors  and  marines;  Veterans 

*  f 234  727—731 

Claims,  accounts  and,  unclassified,  appropriations  .  .  .  1 434  73O 

small,  procedure  for  collection  of,  made  more  effective        .  .     310 

Clams  (see  Fish  and  fisheries,  marine,  shellfish). 
Clerk,  house  of  representatives,  of  (see  General  court). 

senate,  of  (see  General  court). 
Clerks,  city  and  town  (see  City  and  town  clerks). 
CLERKS   OF    COURTS: 

in  general,   fee,  entry,  for  supplementary  proceedings  in  civil 

actions,  payment  to      ......  .     188 

district  courts,  of  (see  District  courts). 

Middlesex  county,  fifth  assistant,  provision  for  .     _     .  .     158  1,  2 

superior  court,  of,   clerks,  assistant  clerks,  etc.,  to  give  bond 

annually     .  .  .  .  .  .  .  .  •     219  4 

Suffolk  county,  for,  civil  business,  certain  sum  of  money  paid 
by,  to  collector  of  city  of  Boston,  use  for  general  purposes 
of  said  county     ........     128  1-3 

Clinics,  gonorrhea  or  syphilis,  treatment  of  persons  suffering  from, 

for,  establishment,  etc.  ......     391 

appropriation     .........     445  605a,  Page  610 

Clippings,  garnetted,  so  called,  articles  of  upholstered  furniture 

filled  with,  manufacture  and  sale  of  ...  .     176 

Closed  banks  (see  Banks  and  banking). 

Clothing,  checking  of,  tips  given  for,  beneficiaries  of,  misleading  of 

patrons  of  certain  places  as  to,  prevention  of  .  .  .     342  1,  2 

Clubs,  alcoholic  beverages,  selling,  excise  upon,  investigation  rela- 
tive to         ......  .        Resolve       58 

See  also  Alcoholic  beverages, 
dissolution  of  certain  incorporated  ......     239  1-4 

Coastal  wardens,  deputy,  paid  by  municipalities,  offices  of,  gradual 

abolition  of 413  1,  3 

seines,  taking  by,  of  bluefish,  striped  bass  and  white  perch  off 

shoresof  Barnstable  county,  law  regulating,  enforcement  by    349  1 


Index.  769 

Item  or 
Chap.  Section. 

Cochituate,  Lake,  Natick,  town  of,  in,  use  for  boating  and  6sh- 

ing 197  1,  2 

Collective  bargaining  (see  Labor  relations  commission,  state,  so 

railed). 
COLLECTORS   OP   TAXES: 

bond,  giving  by,  etc.      ........     143  5 

deeds  of,  land  conveyed  under,  to  be  subject  to  and  have  bene- 
fits of  covenants  and  agreements  running  with  land  .  .     209 
temporary,  appointment,  bond,  etc.          .....     143  3,  4 

See  also  Taxation,  local  taxes,  collection  of. 
COLLEGES   AND   UNIVERSITIES: 

approval  of,  in  connection  with  eligibility  requirements  for  appli- 
cants for  registration  as  chiropodists  (podiatrists)    .  .     425  5 
legislative  petitions  for  incorporation,  etc.,  of  certain          .          .     364  2 

234  397-409 

i  ""'^"'  \        Page  587 
Soil  Conservation  and  Domestic  Allotment  Act,  act  of  con- 
gress known  as,  co-operation  by  commonwealth  with  fed- 
eral government  in  carrying  out  provisions  of,  powers  and 
duties  as  to  .......  .     374  1-7 

Middlesex  College,  property,  etc.,  of,  transfer  to  the  Trustees  of 

Middlesex  University  .......     326  6,  7 

Middlesex  University,  Trustees  of,  incorporated  with  power  to 

grant  certain  degrees    .......     326  1-7 


Massachusetts  state  college,  appropriations       .  .  .  .  -|  ^o-  /       .397,409a; 


f234{         374-392; 


state  teachers  colleges,  appropriations      .  .  .  .  •  T  "      \         Page  252 

[ 434  374-392 

students  in,  state  aid  to,  appropriation  ....     234  346 

Suffolk  University,  established  with  power  to  grant  certain  de- 
grees, etc 237  1,  2 

University  of  Massachusetts,  Inc.,  property,  etc.,  of,  transfer  to 

the  Trustees  of  Middlesex  University     ....     326  6,  7 

Colrain,  town  of  (see  Cities  and  towns). 
Commander-in-chief  (see  Militia). 
Commencement  of  actions  (see  Actions,  civil;    Practice  in  ci\'il 

actions;  Service  of  process). 
Commercial  motor  vehicle  division  (see  Public  utiUties,  depart- 
ment of). 
COMMISSIONERS,    STATE: 

agriculture,  of  (see  Agriculture,  depai'tment  of). 

armory  (see  Armory  commissioners). 

banks,  of  (see  Banking  and  insurance,  department  of). 

conservation,  of  (see  Conservation,  department  of). 

corporations  and  taxation,  of   (see  Corporations  and  taxation, 
department  of). 

correction,  of  (see  Correction,  department  of). 

education,  of  (see  Education,  department  of). 

firemen's  relief,  on  (see  Firemen's  relief,  commissioners  on). 

insurance,  of  (see  Banking  and  insurance,  department  of). 

labor  and  industries,  of  (see  Labor  and  industries,  department 
of). 

mental  diseases,  of  (see  Mental  diseases,  department  of). 

public  health,  of  (see  Public  health,  department  of). 

public  safety,  of  (see  Public  safety,  department  of). 

public  utilities,  of  (see  Public  utilities,  department  of). 

public  works,  of  (see  Public  works,  department  of). 

state  aid  and  pensions,  of  (see  State  aid  and  pensions,  commis- 
sioner of). 

uniform  state  laws,  on  (see  Uniform  state  laws,  commissioners 
on). 
COMMISSIONS,    STATE: 

administration   and   finance    (see   Administration   and   finance, 
commission  on). 

alcoholic  beverages  control  (see  Alcoholic  beverages  control  com- 
mission). 

armory  (see  Armory  commission). 

art  (see  Art  commission). 

ballot  law  (see  Ballot  law  commission). 

boxing  (see  Public  safety,  department  of). 

emergency   public   works    (see    Emergency   public   works    com- 
mission). 

interstate  co-operation,  on   (see  Interstate   co-operation,   com- 
mission on). 


770 


Index. 


COMMISSIONS,    STATE  —  Continued. 

labor  relations  (see  Labor  relations  commission). 
Massachusetts  development  and  industrial  (see  Massachusetts 

development  and  industrial  commission), 
metropolitan  district  (see  Metropolitan  district  commission), 
public  bequest  (see  Public  bequest  commission), 
racing  commission  (see  State  racing  commission), 
special,  airports  and  aviation,  to  investigate  relative  to       Resolve 
appropriation       ........ 

Atlantic  avenue  section,  so  called,  of  elevated  railway  struc- 
ture in  city  of  Boston,  removal  of,  to  investigate  relative 
to       .  .  .  .  .  .  .  .        Resolve 

Boston,  city  of,  laws  regulating  construction,  alteration  and 
maintenance  of  buildings  and  other  structures  in,  to 
investigate  relative  to        ...  .        Resolve 

appropriation       ........ 

Boston  Port  Authority,  functions  and  problems  of,  and  other 

related  matters,  to  make  a  study  relative  to       Resolve 

appropriation      ........ 

Communistic,   Fascist,  Nazi  and  other  subversive  organiza- 
tions,  so   called,   activities  of,   to  investigate  relative 
to  .  .  .  .  .  .  .  .        Resolve 

appropriation 
East  Boston,  rapid  transit  facilities  in, 
gate  and  study  relative  to 
appropriation 
educational      matters,      certain,      to 

to 


Chap. 


59 

445 


Item  or 

Section. 


extension  of,  to  investi- 
Resolve 

investigate      relative 


22 


71 
445 


57 
445 


32 
434 


73 

445 


Resolves  |  ^^'  ^^' 


63,65 
appropriation       ........     434 

Interstate  Compacts  affecting  Labor  and  Industries,  on,  con- 
sideration by,  of  certain  problems  relating   to   employ- 
ment of  persons,  etc.    .....        Resolve       30 

interstate    waters    used    for    drinking    purposes,    protecting 

purity  of,  to  investigate  relative  to         .  .        Resolve       51 

labor  matters,  certain,  to  investigate  relative  to     .        Resolve       70 

appropriation       ........     445 

mentally  diseased,  whole  matter  of,  in  their  relation  to  com- 
monwealth, etc.,  to  investigate  relative  to   .        Resolve         7 
appropriation       ........     434 

Merrimack  Valley,  so  called,  certain  problems  in,  to  investi- 
gate and  study    ......        Resolve       60 

milk  and  milk  products,  laws  relating  to,  to  investigate  and 

study  .  .  .  .  .  .  .        Resolve       68 

retirement  system,  contributory,  for  employees  of  common- 
wealth and  of  metropolitan  district  commission,  pro- 
visions of  General  Laws  relating  to,   advisability  of 
revising,  to  investigate  as  to       .  .  .        Resolve       26 

appropriation       ........     434 

rules  and  regulations  of  state  departments,  commissions,  etc., 
requiring  approval  of,  by  general  court,  to  investigate 
relative  to        .....  .        Resolve       25 

appropriation       ........     434 

securities,  promotion  and  sale  of,  laws  relating  to,  to  survey 

and  study         ......        Resolve       37 

appropriation       ........     434 

Suffolk   county,    courts  and   other  officials  in,   additional  ac- 
commodations and  facilities  for,  to  provide,  temporary 
borrowing  by  city  of  Boston  to  provide  funds  to  meet  in 
part  the  cost  of,  in  anticipation  of  payments  by  state  and 
federal  governments,  powers  and  duties  as  to  .  .      181 

Swedish  colonists,  first  permanent  settlement  in  this  country 
of,  three  hundredth  anniversary  of,  to  prepare  plans  and 
programs  for  celebration  in  this  commonwealth  of,  re- 
vived and  continued     .....        Resolve       23 

taxation  and  public  expenditures,  problems  of,  to  investigate 

and  study  relative  to   .  .  .  .  .        Resolve         3 

appropriations         .  .  .  .  .  .  .  f  434 

Resolve  \      3 
membership  of,  increased  for  purposes  of  investigating  civil 
service  laws,  rules  and  regulations  .  .        Resolve       41 

[12,41, 

Resolves  {  53,  58, 

I         76 


36o 

36w,  Page  611 
36n 

36h,  Page  584 
36x,  Page  612 

361,  Page  584 

36v,  Page  611 
36b,  Page  584 


36f.  Page  584 

36g,  Page  584 
36 j.  Page  584 


36a 


scope  of  investigation  by,  increased 


Index.  771 

Item  or 
Chap.  Section. 

COMMISSIONS,    STATE  —  Concluded. 

special,  transportation  of  property  by  motor  vehicle,  laws  relat- 
ing to,  to  survey  and  study         .  .  .        Resolve       33 
appropriation       ........     434    36i,  Page  584 

United  States  Constitution  Sesquicentennial  Commission,  to 
co-operate  with,  in  celebration  of  one  hundred  and  fif- 
tieth  anniversary   of   formation   of   federal   constitution, 
appropriation       ........     434  107a 

voters,  registration  of,  to  investigate  relative  to     .        Resolve       67 

appropriation       ........     445    36r,  Page  610 

World's  Fair  to  be  held  in  New  York  city  in  year  1939,  partici- 
pation  by   commonwealth  in,   to   investigate  relative 
to  .  .  .  .  .  .  .  .        Resolve       17 

appropriation       ........     434  36d,  Page  584 

unemployment  compensation  (see  Unemployment  compensation 

commission). 
See    also   Connecticut   river   valley   flood    control    commission; 
Merrimack  river  valley  flood  control  commission. 
Committees,  legislative  (see  General  court). 

political  (see  Elections). 
Commodities,  sale  or  resale  of,  provisions  as  to,  under  Fair  Trade 

Law,  so  called     ........     398 

Common  carriers  (see  Carriers). 

Common  victuallers,  licenses  of,  applications  for  renewal  of,  action 
of  local  licensing  authorities  in  rejecting,  appeal  from,  to 
alcoholic  beverages  control  commission  in  certain  cases   .     331 
fixtures,    implements,    facilities,    etc.,    required    on    premises, 

filing  of  plans  of,  in  case  of  certain  applications  for  .  .     424  6,  7 

tips  or  gratuities  given  to  hat-check  and  cigarette  girls,  etc.,  on 
premises  of,  beneficiaries  of,  misleading  of  patrons  as  to, 
prevention  of       .......  .     342  1,  2 

COMMONWEALTH : 

bonds,  notes,  etc.,  of  (see  State  finance). 

Canton,  town  of,  certain  parcels  of  land  in,  conveyance  by  and  to     175 

Chelsea,  city  of,  conveyance  by,  to,  of  certain  land  for  armory 

purposes     .........     256 

citizens  of  (see  Citizens). 

compacts  by,  with  other  states  (see  Interstate  compacts). 

constitution  of  (see  Constitution,  commonwealth,  of). 

departments,  boards,  commissions,  etc.,  of,  appropriations  for  I  ^04  je 

maintenance  of,  etc.     .  .  .  .  .  .  .  <  ^^c  j_o 

Resolve  [      3 
confidential  secretaries,  appointment  and  removal  by  certain  .     414  1,  2 

contracts,  state,  certain  orders  and  claims  in  connection  with, 

duties  as  to  .  .  .  .  .  .  .  .     407 

employment  of  typists  in  certain  cases  by,  preference  to  blind 

persons  in  .  .  .  .  .  .  .  .  .     223 

expenditures,  unlawful,  etc.,  by,  restraint  of  .  .  .  .     157 

interstate  co-operation,  commission  on,  certain  duties  in  con- 
nection with,  imposed  upon  heads  of      .  .  .  .     404  1 

labor  relations  commission,  information  to,  by        .  .  .     436  11 

office  hours  of    ........  .     430 

rules  and  regulations  of,  requiring  approval  of,  by  general  court, 

investigation  relative  to    .  .  .  .        Resolve       25 

appropriation       ........     434  36g,  Page  584 

state  finance,  certain  provisions  of  law  relative  to,  extended  to 

all  state  officers  and  boards  .....     359 

See  also  Boards,  state;    Commissioners,  state;    Commissions, 
state;     Departments,    state;      Divisions,     state     depart- 
ments, of. 
Dover,  town  of,  certain  parcel  of  land  in,  conveyance  by      .  .     329 

Edison  Electric  Illuminating  Company  of  Boston,  The,  convey- 
ance to,  by,  of  certain  land  near  Fore  River  bridge,  so 
called  .  .  .  .  .  .  .  431 


f   3,  12, 

1-; 


expenditures  by,  investigation  and  study  relative  to  Resolves -j  41,53, 

[        58 

finances  of  (see  State  finance). 

funds  of  (see  State  finance). 

motor  vehicles  owned  by,  exemption  from  certain  laws  relative  to 
regulating  use  of  highways  by  motor  vehicles  for  trans- 
porting property  and  to  the  supervision  and  control  of 
euch  motor  vehicles  and  such  transportation  .  .  .     381 


772  Index. 


Item  or 
Chap.  Section. 


414 


COMMONWEALTH  —  Concluded. 

officers  and  employees  of,  in  general,  bonds  of,  premiums  on,  re- 
imbursement for,  appropriations    .....     234  734 

civil  service  laws,  as  affecting  (see  Civil  service  laws), 
expenditures,  unlawful,  etc.,  by,  restraint  of       .  .  .     157 

pensions  and  retirement  allowances,  non-contributory,  for, 

ultimate  abolition  of,  advancement  of  date  for     .  .     102  2-5 

See  also  Retirement  systems  and  pensions, 
employees,  confidential  secretaries,  as,  appointment,  removal, 
etc.    ......•■•• 

salaries  and  employment  of,  within  appropriations,  reqmre- 

ment  as  to,  extended  to  all  state  cflScers  and  boards  .      _     .     359 
typists,  employment  of,  in  certain  cases,  preference  to  blind 
persons  in  .  .  .  .  •  •  •  •  •     223 

officers,  confidential  secretaries,  appointment  and  removal  by 

certain •  •  .414  1,  2 

state  finance,  certain  provisions  of  law  relative  to,  extended 

to  all  state  officers  and  boards        .....     359 
term  of  office  of  certain,  investigation  relative  to       Resolve       58 

pier  five,  supervision  and  operation  of,  appropriations         .  .  |  ^^^   ggg.  p^^^^  ggg 

printing  and  binding  work  for,  persons  employed  in,  register  of  .     373 
sinking  funds  of  (see  State  finance) . 

Soil  Conservation  and  Domestic  Allotinent  Act,  act  of  congress 
known  as,  carrying  out  of  provisions  of,  co-operation  with 
federal  government  in,  by     .  .  .  •  •  •     374  1-/ 

state  prison  colony,  certain  land  in  town  of  Norfolk  used  for 
purposes  of,  and  owned  by,  sale  by  commissioner  of  cor- 
rection       .  .  .  •  •  ■  .       •     .     •     ^^^ 
Storrow,  James  Jackson,  tablet  commemorating  public  services 

rendered  by.  acceptance  by             ...        Resolve       10 
United  States,  acquisition  by,  of  certain  lands  for  Veterans'  Ad- 
ministrative Facility  in  town  of  Bedford,  granting  of  con- 
sent to,  by 361  1,  2 

World's  Fair  to  be  held  in  New  York  city  in  year  1939,  participa- 
tion in,  by,  investigation  relative  to       .  .        Resolve       17 

appropriation 434  36d,  Page  584 

See  also  Massachusetts. 
Commonwealth  avenue  underpass,  so  called,  city  of  Boston, 

in,  construction  of         .  .  •  .  •         _  •  •      173  1-5 

Commonwealth  vs.  Davis,  cases  of,  legal  ser\'ices  rendered  in,  etc., 
payment  by  commonwealth  of  sum  of  money  to  Albert 
W.  Rockwood  for  .  .      '     .  .  .        Resolve       61 

Communicable  diseases,  division  of  (see  Public  health,  depart- 
ment of). 
Communistic,    etc.,    organizations,    activities   of,   investigation 

relative  to Resolve       32 

appropriation 434  36h,  Page  584 

Compacts,  interstate  (see  Interstate  compacts). 

affecting  Labor  and  Industries,  Commission  on  (see  Interstate 
compacts  affecting  labor  and  industries,  commission  on). 
Companies,  insurance  (see  Insurance), 
trust  (see  Banks  and  banking). 
See  also  Corporations. 
Compensation,  injured  employees,  for  (see  Workmen's  compensa- 
tion), 
unemployment  (see  Unemployment  compensation). 
Competition,  unfair,  acts,  certain,  declared  to  constitute,  under 

Fair  Trade  Law,  so  called     .  .  .  .  .  .     398 

Comptroller  (see  Administration  and  finance,  commission  on). 
Compulsory  motor  vehicle  liability  insurance  (see  Motor  ve- 
hicles,  liability  for  bodily  injuries,  etc.,  caused  by,  se- 
curity for). 
Compulsory  school  attendance,  age  limit  for  minors,  raising  of, 

investigation  relative  to         ...  •        Resolve       65 

Concerts,  band,  appropriation  •      .    •     234  741 

Conciliation  and  arbitration,  board  of  (see  Labor  and  industries, 

department  of). 
Concord     river,     sanitary     condition     of,     investigation     relative 

to       .......  •        Resolve       66 

appropriation    .....-■••     445  36q 

Conditional  sales,  elevator  apparatus  and  machinery,  of         .         .  <  245  1^  2 


Index.  773 


Conditional  sales  —  Condvded. 

household  furniture  or  other  household  or  personal  effects  except 

jewelry,  of,  contracts  of         .  .  .  ...     315 

personal  property  used  in  connection  with  real  estate,  certain,  f  1 1  o 


Item  or 
Chap.  Section. 


of,  validity  as  against  mortgagees,  purchasers  or  grantees  i  041;  i    o 

of  such  real  estate        .  .  .  .  .  .  |    4o  i,  £ 

Confidential   secretaries,    appointment   and   removal   by   certain 
state  officers,  boards  and  commissions  and  by  certain  ap- 
pointees of  governor  having  supor\'ision  and  control  of 
municipal  departments,  etc.  .  .  .  .  .414  1,  2 

Conflicting  Taxation,  Commission  on,  expenses,  certain,  in  con- 
nection with  Interstate  Legislative  Assembly  and    Resolve       36 
appropriation     .........     434  36k,  Page  584 

Congregational  and  Christian  Churches,  The  Board  of  Home 

Missions  of  the,  incorporation  of  ...  .     166  1-9 

Congregational  Board  of  Ministerial  Relief,  The,  a  Connecticut 
corporation,  incorporation  of  The  Board  of  Home  Mis- 
sions of  the  Congregational  and  Christian  Churches,  as 
affecting     .........     166  3-5 

Congregational  Church  Building  Society,  a  New  York  corpora- 
tion, incorporation  of  The  Board  of  Home  Missions  of  the 

Congregational  and  Christian  Churches,  as  affecting         .      166  3-5 

Congregational  Education  Society,  incorporation  of  The  Board 
of  Home  Missions  of  the  Congregational  and  Christian 
Churches,  as  affecting  ......      166  3-5 

Congregational  Home  Missionary  Society,  The,  a  New  York 
corporation,  incorporation  of  The  Board  of  Home  Mis- 
sions of  the  Congregational  and  Christian  Churches,  as 
affecting     .........     166  3-5 

Congregational  Publishing  Society,  incorporation  of  The  Board 
of  Home  Mi.ssions  of  the  Congregational  and  Christian 
Churches,  as  affecting  ......      166  3-5 

Congregational  Sunday  School  Extension  Society,  The,  a  New- 
York  corporation,  incorporation  of  The  Board  of  Home 
Missions  of  the  Congregational  and  Christian  Churches, 
as  affecting  ........      166  3-5 

Congressional  districts,  precincts,  voting,  in  cities  not  to  be  in 

more  than  one  of  the    .  .  .  .  .  .  .412 

CONGRESS    OF   UNITED    STATES: 

act  of,  known  as  Soil  Conservation  and  Domestic  ..'^lotment  Act, 
co-operation   with   federal   government   in   carrying  out 
provisions  of        .  .  .  .  .  .  .  .     374  1-7 

Connecticut  river  valley,  flood  control  in,  compact  relative  to, 
between  commonwealth  and  states  of  Connecticut,  New 
Hampshire  and  Vermont,  approval  by,  etc.     .  .  .     402  2 

Cuttyhunk     harbor,     improvement     of,      appropriation      for, 

by Resolve       29 

Edgartown     harbor,      improvement     of,      appropriation     for, 

by      .......  .        Resolve       27 

emergency  laws  of  (see  Federal  emergency  laws). 
Merrimack  river  valley,  flood  control  in,  compact  relative  to, 
between   commonwealth  and  state  of  New  Hampshire, 
approval  by,  etc.         .        _    .  .  .  .  .      _    .     403  2 

Town  river  in  city  of  Quincy,  improvement  of,  appropriation 

for,  by 419  1 

Connecticut  river,  bridge  over,  between  towns  of  Greenfield  and 

Montague,  proposed,  investigation  relative  to        Resolve       24 
bridge  to  be  constructed  over,  between  Northampton  and  Had- 

ley,  designated  as  Calvin  Coolidge  Memorial  Bridge  .       72 

expediting  of  work      .  .  .  .  .  .  .  .     337 

land  takings  and  borrowing  of  money  by  Hampshire  county  in 

connection  with  ........     155  1-4 

flood  protection  works  along,  construction  by  city  of  Springfield  .     119  1-4 

pollution  of,  assembling  of  data  pertaining  to   .  .        Resolve       66 

appropriation  ........     445  36q 

valley,  flood  control  in,  compact  relative  to,  between  common- 
wealth and  states  of  Connecticut,  New  Hampshire  and 
Vermont,  approval,  ratification,  etc.        ....     402  1^ 

provision  for  compliance  by  commonwealth  with,  and  for  J  44]^ 

further  study  relative  to  such  flood  control        .  .  1  ^^g  j 

...  f 190b,  677a, 
appropriation 445  |        p^g^  gjj 


Chap. 

Item  or 
Section. 

f  397         1-7 
1  402       1.  3.  4 
1  441 

1446           1 
445  190b,  Page  611 

402 
f397 

441 
[446 

445  r 

1-4 

1-8 

1 
190b,  677a, 
Page  611 

439 

1.  2 

234  1 

426 
296 

267-307; 

Page  251 

1,  2 

774  Index. 


Connecticut  River  Valley  Flood  Control  Commission,  The, 

creation,  appointment  of  members,  powers,  duties,  etc.    . 

appropriation     ......... 

Connecticut,  state  of,  flood  control  in  Connecticut  river  valley, 
compact  relative  to,  between  commonwealth  and,  etc., 
approval,  ratification,  etc.     ...... 

provision  for  compliance  by  commonwealth  with,  and  for  fur- 
ther study  relative  to  such  flood  control 

appropriation       ........ 

Consequential  damages,  motor  vehicle  accident  cases,  certain,  in, 

actions  to  recover,  certain  presumptions  in      . 
CONSERVATION,    DEPARTMENT   OF: 

in  general,  appropriations     ....... 

further  regulated     ........ 

East  Otis  reservoir,  screening  of  outlet  and  spillway  of,  by 

Halibut  Point,  so  called,  in  town  of  Rockport,  acquisition  by 
commonwealth  for  public  reservation  purposes,  investi- 
gation relative  to,  by  .  .  .  .  .        Resolve       44 

Horse  Neck  beach  in  town  of  Westport,  acquisition  and  main- 
tenance as  a  state  reservation,  investigation  relative  to, 
by      .......  .        Resolve       44 

Mount  Holyoke  in  towns  of  Hadley  and  South  Hadley,  tract 
of  land  on,  acquisition  by  commonwealth  for  state  forest 
purposes,  investigation  relative  to,  by    .  .        Resolve       44 

Sabbatia  lake  and  adjacent  land  in  city  of  Taunton,  acquisition 
for  state  reservation  purposes,  further  investigation  rela- 
tive to,  by  ......        Resolve       47 

commissioner,  complimentary  certificates,  issuance  to  certain 
officials  of  certain  other  states  entitling  them  to  hunt  and 
fish  in  this  commonwealth,  approval  by  .  .  .  .     191  2 

deer,  hunting  of,  in  state  forest  reservations  and  in  state  parks 
or  reservations  under  control  of  division  of  parks,  regula- 
tions as  to,  by     .  .  .  .  .  .  .  .89  1 

fish  and  game  wardens  and  deputy  coastal  wardens  appointed 
with  approval  of,  and  paid  by  municipalities,  gradual 
abolition  of  offices  of    .  .  .  .  .  .  .413  1,3 

Merrimack  Valley,  so  called,  certain  problems  in,  special  com- 
mission to  investigate  relative  to,  to  be  member  of, 
etc.    ........        Resolve       60 

shellfish  purification  plants,  cost  and  expenses  of,  proportionate 
share  of,  to  be  imposed  upon  certain  private  corporations, 
determination  of,  notice  to   .  .  .  .  .  .     246 

divisions  of: 

f  234  *^S3— 307 

fisheries  and  game,  appropriations         .  .  .  .  .  <  2%a  2Q'>-301 

further  regulated  .......     426  1,  2 

director,  complimentary  certificates  for  certain  officials  of 
certain  other  states  entitling  them  to  hunt  and  fish  in 
this  commonwealth,  issuance  by  ...  .      191  2 

fish  and  game  wardens  and  deputy  coastal  wardens  paid 
by  municipalities,  gradual  abolition  of  offices  of,  powers 
and  duties  as  to        .  .  .  .  .  .  .     413  3 

great  ponds  stocked  with  trout  by,  taking  of  trout  from, 
restricted  ........     269 

Ell  pond  in  city  of  Melrose,  certain  rules  and  regulations 

as  to  fishing  in,  approval  by  .....     259 

marine  fisheries,  state  super\'isor  of,  appropriations    .  .  i  "^ .  oni 

Nantucket,  fisheries  in  vicinity  of,  fish  wardens  for,  ap- 
pointment, etc.,  by  .......       49  3 

purification  plants,  proportionate  share  of  cost  and  ex- 
penses of,  imposition  upon  certain  private  corporations, 
powers  and  duties  as  to     .  .  .  .  .  .     246 

See  also  Fish  and  fisheries;   Game  and  inland  fisheries. 


234 


271-278a; 


forestry,  appropriations       .......  \          \  Page  251 

1. 434  274-276a 

(  2^4  274 

state  fire  warden,  appropriations      .          .          .          .          .  i  ^04  974 


Index.  775 

Item  or 
Chap.  Section. 

CONSERVATION,    DEPARTMENT    OF  —  Concluded. 
divisions  of  —  Concluded. 

forestry,  state  forester,  tent  caterpillars,  elimination  and  sup- 
pression of,  powers  and  duties  as  to         .  .  .  .415  2-6B 

parks,  apijropriations  .......      234  279-281 

huntinK  in  parks  and  reservations  under  control  of      .  .89  1,2 

Conservation  officers,  title  of  fish  and  game  wardens,  etc.,  changed 

to,  etc 413  1, 2, 4 

Conservation,  soil  (see  Soil  Conservation  and  Domestic  Allotment 

Act). 
Conservators  (see  Guardians  and  conservators). 
Conspiracies,  commitment  to  institutions  for  insane  of  persons  who 

are  not  insane,  in,  penalty    ......      136 

Constabulary,  state,  so  called  (see  Public  safety,  department  of: 

divisions  of:   state  police). 
Constitution,  commonwealth,  of,  initiative  amendments,  proposed, 
to,  limiting  rate  of  taxation  on  real  estate  and  restricting 
use  of  certain  motor  vehicle  revenues  to  highway  pur- 
poses, investigation  and  study  relative  to         .        Resolve         3 
providing  for  biennial  sessions  of  the  general  court  and  for  a 

biennial  budget  ........  Pages  654,655 

United  States,  of,  one  hundred  and  fiftieth  anniversary  of  for- 
mation of,  celebration  of,  establishment  of  special  com- 
mission to  co-operate  in,  appropriation     .  .  434  107a 
Consumption  (see  Tuberculosis). 

Contempt  of  court,  labor  relations  act,  state,  under      .  .  .     436  1 1 

small  claims  procedure,  in       ......  .     310 

unemployment  compensation  law,  under  ....     421         1,  Subs.  33 

Continuances,  motor  vehicle  accident  cases,  of,  in  certain  instances     387 
Contract,  actions  of,  attachment  of  motor  vehicles  on  mesne  process 

in,  further  regulated     .......     295  1,  2 

Contracts,  commonwealth,  by,  certain  provisions  of  law  relative  to, 

extended  to  all  state  officers  and  boards  .  .  .     359 

conditional  sale  of  household  furniture  or  other  household  or 

personal  effects  except  jewelry,  of  ....     315 

employment,  certain  problems  relating  to,  etc.,  consideration  by 
commission  on  interstate  compacts  affecting  labor  and 
industries   .  .  .  .  .  .  .        Resolve       30 

employment  of  certain  persons,  preventing  or  tending  to  prevent, 

on  account  of  their  age,  to  be  null  and  void    .  .  .     367  1,  2 

Fair  Trade  Law,  so  called,  under    ......     398 

insurance  (see  Insurance). 

metropolitan  district  commission  and  metropolitan  district 
water  supply  commission,  making  and  awarding  by,  regu- 
lated .  . 352  1,  2 

minimum  fair  wage  law,  as  affecting         .....     401  1-3 

state,  orders  for  extra  work  or  materials  or  claims  for  payment 
therefor  in  connection  with,  public  inspection  of,  in  ad- 
vance of  their  approval  or  rejection        ....     407 

Conventions,  political  (see  Elections). 

Conveyance  of  real  estate  (see  Real  property,  conveyance,  etc., 

of). 
Convicts  (see  Penal  and  reformatory  institutions;   Prisoners). 
Conway,  Cemetery  Association,  conveyance  to,  by  town  of  Conway 
of  certain  cemetery  funds,  etc.,  extension  of  time  for  entry 
of  court  decree  authorizing   ......     350  1,  2 

town  of  (see  Cities  and  towns). 
Coolidge,  Calvin,  Memorial  Bridge,  new  bridge  to  be  constructed 
over  Connecticut  river  between  Northampton  and  Had- 
ley  designated  as  .......       72 

Co-operation,  interstate,  commission  on  (see  Interstate  co-opera- 
tion, commission  on). 
Co-operative  banks  (see  Banks  and  banking). 
CORPORATIONS: 

in  general,  dissolution  of  certain      ......     239  1-4 

dividends  on  shares  in  (see  Taxation,  incomes,  of). 

legislation  affecting  certain,  certain  petitions  for    .  .  .     364  1-3 

taxation  of  (see  Taxation,  corporations,  of), 
business,  dissolution  of  certain         ......     239  1-4 

dividends  of,  taxation  of,  as  income      .....     395  1,  3,  4 

stockholders  of,  calling  of  special  meetings  of  ...       52 

taxation  of  (see  Taxation,  corporations,  of). 
See  also,  supra,  in  general. 


776  Index. 


Item  or 
Chap.  Section. 

CORPORATIONS  —  Continued. 

charitable  and   certain   other  purposes,  for,  change  of  purpose 

of 151  1,  2 

dissolution  of  certain  .......     239  1-4 

state  aid,  military  aid  and  soldiers'  relief,  recipients  of,  infor- 
mation as  to,  disclosure  by  municipalities  or  officers  thereof 
to  charitable   corporations    ......     196 

churches  (see  Churches  and  religious  corporations), 
clubs,  etc.,  alcoholic  beverages,  selling,  excise  upon,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve       58 

See  also  Alcoholic  beverages, 
co-operative  banks  (see  Banks  and  banking), 
electric  (see  Gas  and  electric  companies). 

foreign,  dividends  of,  credit,  certain,  not  to  be  allowed  tempo- 
rarily   395  2 

taxation  of,  as  income  (see  Taxation,  corporations,  of)  .     395  1,  3,  4 

taxation  of  (see  Taxation,  corporations,  of), 
fraternal  benefit  societies  (see  Fraternal  benefit  societies), 
gas  and  electric  (see  Gas  and  electric  companies), 
insurance  companies  (see  Insurance). 

manufacturing,  taxation  of  (see  Taxation,  corporations,  of), 
national  banks  (see  Banks  and  banking). 

public  service,  bonds  of,  maturity  date  of  certain,  which  are  legal 
investments  for  savings  banks  and  savings  departments 
of  trust  companies        .......       96 

dissolution  of  certain  .......     239  1-4 

fiood  control,  certain  interstate  compacts  relative  to,  as  affect-  /  397  2 

ing \423  1 

railroad  (see  Railroads). 

religious  societies  (see  Churches  and  religious  corporations), 
savings  banks  (see  Banks  and  banking). 

sewage  disposal,  organized  for  purpose  of  owning  and  maintain- 
ing for  profit  a  system  of,  imposition  upon,  of  proportionate 
share  of  cost  and  expenses  of  shellfish  purification  plants     246 
street  railway  (see  Street  railways). 
taxation  of  (see  Taxation,  corporations,  of). 

telephone  and  telegraph  (see  Telephone  and  telegraph  companies) . 
trust  companies  (see  Banks  and  banking), 
water  companies  (see  Water  companies). 
special  provisions  relative  to  particular  corporations: 
American   Missionary  Association,   The  (New  York  corpora- 
tion), relative  to  .  .  .  .  .166  3-5 

Associated  Charities  of  Pittsfield,  funds,  certain,  transfer  to 

Berkshire  County  Home  for  Aged  Women  by  .  .  .     137  1-3 

Baker  and  Horton  Cemetery  Association,  property  of,  town 

of  Rehoboth  authorized  to  receive  and  administer,  etc.   .        75  1-4 

Barnstable   Water  Company,   water  supply  for  Centerville- 

Osterville  Fire  District  and  its  inhabitants,  as  affecting       .      169  2A 

Berkshire  County  Home  for  Aged  Women,  transfer  to,  of  cer- 
tain funds  by  the  Associated  Charities  of  Pittsfield  .  .     137  1-3 
Board  of  Home  Missions  of  the  Congregational  and  Christian 

Churches,  The,  incorporated  .....      166  1-9 

Boston  and  AJbany  Railroad  Company,  nomination  by,  etc., 
of  candidates  for  appointment  to  special  commission  to 
survey  and  study  laws  relating  to  transportation  of  prop- 
erty by  motor  vehicle  ....        Resolve       33 

Boston  and  Maine  Railroad,  nomination  by,  etc.,  of  candidates 
for   appointment    to  special    commission    to   survey   and 
study  laws  relating  to  transportation  of  property  by  motor 
vehicle         .......        Resolve       33 

Boston  Consolidated  Gas  Company,  lease  to,  of  certain  prop- 
erty of  Dedham  and  Hyde  Park  Gas  and  Electric  Light 
Company  to  be  acquired  by  city  of  Boston     .  .  .     292  1-9 

Boston  Elevated  Railway  Company,  Atlantic  avenue  section, 
so  called,  of  elevated  railway  structure  of,  in  Boston, 
removal  of,  investigation  relative  to        .  .        Resolve       22 

bonds  of,  purchase  by  Boston  metropolitan  district        .  .     357  1-3 

Boston,  Revere  Beach  and  Lynn  railroad,  operation  by,  in- 
vestigation as  to   .  .  .  .  .       Resolve       73 

appropriation 445  36x,  Page  612 

subway  project,  certain,  carrying  out  by  city  of  Boston,  se- 
curing by  said  city  of  benefits  of  certain  acts  and  joint 
resolutions  of  congress,  enabling  act  relative  to,  acceptance 
by 159  2 


Index.  777 


73 
445  36x, 

Page  612 

98 

1-3 

166 

3-5 

166 
166 

3-5 
3-5 

106 
166 

3-5 
3-5 

Item  or 
Chap.  Section. 

CORPORATIONS  —  Continued. 

special   provisions  relative   to  particular  corporations  — 

Continved. 

Boston,  Revere  Beach  and  Lynn  Railroad  Company,  acquisi- 
tion of  railroad  of,  by  Boston  metropolitan  district  and 
operation  thereof  by  Boston  Elevated  Railway  Com- 
pany, investigation  as  to  .  .  .  .       Resolve 
appropriation      .          .          .          .          .  .  . 

Burley  Education  Fund  in  Ipswich,  Trustees  of,  investment 
and  disbursement  of  funds  in  hands  of  . 

Congregational  Board  of  Ministerial  Relief,  The  (Connecticut 
corporation),  relative  to         .....  . 

Congregational  Church  Building  Society  (New  York  corpora- 
tion), relative  to  ....... 

Congregational  Education  Society,  relative  to        .  .  . 

Congregational  Home  Missionary  Society,  The  (New  York 
corporation),  relative  to        .....  . 

Congregational  Pubhshing  Society,  relative  to        .  .  . 

Congregational  Sunday  School  Extension  Society,  The  (New 

York  corporation),  relative  to        .  .  .  .  .166  3-5 

Conway  Cemetery  Association,  conveyance  to,  by  town  of 
Conway  of  certain  cemetery  funds,  etc.,  extension  of  time 
for  entry  of  court  decree  authorizing      ....      350  1,  2 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain  property  of,  acquisition  by  city  of  Boston  and 
lease  thereof  to  Boston  Consolidated  Gas  Company  .     292  1-9 

Dooley  Bros.,  Inc.,  refund  to,  of  certain  money  by  city  of 

Boston 222  1,  2 

Edison  Electric  Illuminating  Company  of  Boston,  The,  land, 
certain,  near  Fore  River  bridge,  so  called,  conveyance  by 
state  department  of  public  works  to       .  .  .  .431 

name  changed  to  Boston  Edison  Company  .  .  .     217  1,  2 

Edison   Electric    Illuminating   Company   of   Brockton,    The, 

name  changed  to  Brockton  Edison  Company  .  .195 

Expressmen's  League,  The,  nomination  by,  of  candidates  for 
appointment  to  special  commission  to  survey  and  study 
laws  relating  to  transportation  of  property  by  motor 
vehicle        .......        Resolve       33 

Federal   Deposit   Insurance  Corporation,   subrogation  of,   to 

certain  rights  after  payments  of  insured  deposits     .  .     276 

Isabella  Stewart  Gardner  Museum,  Incorporated,  real  and  per- 
sonal estate,  additional,  holding  by         ...  .     126 

Middlesex  College,  property,  etc.,  of,  transfer  to  the  Trustees 

of  Middlesex  University        ......     326  6,  7 

Middlesex  University,  Trustees  of,  incorporated  with  power 

to  grant  certain  degrees         .  .  .  .  .  .     320  1-7 

Motor  Truck  Club  of  Massachusetts,  Inc.,  nomination  by, 
of  candidates  for  appointment  to  special  commission  to 
survey  and  study  laws  relating  to  transportation  of  prop- 
erty by  motor  vehicle  ....        Resolve       33 

Motor  Truck  Rate  Bureau  of  Massachusetts,  Inc.,  nomina- 
tion by,  of  candidates  for  appointment  to  special  commis- 
sion to  survey  and  study  laws  relating  to  transportation 
of  property  by  motor  vehicle  .  .  .        Resolve       33 

New  Bedford  Police  Association,  increased  benefits,  payment 

by 141 

New  York,   New  Haven  and  Hartford  Railroad  Company, 

nomination  by,  etc.,  of  candidates  for  appointment  to 

special  commission  to  survey  and  study  laws  relating  to 

transportation  of  property  by  motor  vehicle   .        Resolve       33 

railroad  service  by,  in  towns  of  Marshfield  and  Duxbury, 

cost  of,  contributions  toward,  by  said  towns  .  .  .     354  1,  2 

Northampton  Street  Railway  Company,  bridge  now  or  for- 
merly owned  by,  over  Connecticut  river  between  North- 
ampton and  Hadley,  purchase  by  Hampshire  county  .  155  1,3,4 
Old  Colony  Railroad  Con)pany,  property  of,  adjoining  state 
pier  at  New  Bedford,  acquisition  for  purposes  of  said  pier, 
investigation  relative  to  ...  .  Resolve  74 
S.  Slater  &  Sons,  Incorporated,  conveyance  of  certain  park 

land  by  town  of  Webster  to,  validated  ....     263  1,  2 

Second   Rural   Cemetery  Association,   property  of,   town  o( 

Rutland  authorized  to  receive  and  administer,  etc.  .  .     293  1-4 

Society  of  St.  Mary  of  the  Peace,  location  of  place  of  business 

of,  changed  from  Waltham  to  Watertown       .  .  .     161 


778 


Index. 


CORPORATIONS  —  Concluded. 

special  provisions  relative  to  particular   corporations  — 

Concluded. 

Suffolk  University,  established     ...... 

University  of  Massachusetts,  Inc.,  property,  etc.,  of,  transfer 
to  Trustees  of  Middlesex  University       .... 

Waltham  Watch  Company,  taxes  assessed  to,  certain  overpay- 
ments of,  funding  by  city  of  Waltham,  etc.     . 

West  End  House,  Inc.,  The,  tablet  commemorating  public 
services  rendered  by  James  Jackson  Storrow  proposed 
to  be  presented  to  commonwealth  by,  acceptance, 
etc.    ........        Resolve 

See  also  Dissolution,  corporations,  certain,  of. 
CORPORATIONS   AND   TAXATION,    DEPARTMENT   OF: 
in  general,  appellate  tax  board  in  (see  Appellate  tax  board). 

appropriations  ......... 

commissioner : 

alcoholic  beverages,  storing  and  warehousing  of,  regulations  as 
to,  by  ........  . 

appeals  from  decisions  of  (see  Appellate  tax  board;  Tax  ap- 
peals, board  of). 

corporations,  charitable  and  certain  other  purposes,  organized 
for,  change  of  purpose  of,  powers  and  duties  as  to      . 
taxes    paid    by  certain,  distribution    to    cities   and    towns, 
powers  and  duties  as  to       . 

courts,  appearance  before,  by       .....  . 

forms  of  application  for  abatement  of  taxes  and  certain  other 
forms,  approval,  etc.,  by     .  .  . 

income,  corporation,  legacy  and  succession  taxes,  additional, 
temporary,  powers  and  duties  as  to         . 

legislative  petitions,  powers  and  duties  as  to  certain 

shareholders,  lists  of,  etc.,  filing  by  corporations,  etc.,  with 

state  tax,  apportiorunent  and  assessment  of,  duties  as  to  . 
divisions  of: 

accounts,  appropriations      ....... 

director,  county  reserve  funds,  transfers  from,  to  other  ac- 
counts, approval  by  .         _ .  .  .      _    . 
laws,  county,  and  court  decisions  relative  thereto,  copies 
of  compilation  of,  sale  by  county  commissioners  of  cer- 
tain counties,  at  a  price  to  be  fixed  by          .          .  . 
retirement  system,  contributory,  for  employees  of  com- 
monwealth and  of  metropolitan  district  commission, 
special  commission  to  investigate  as  to  advisability  of 
levising  provisions  of  General  Laws  relating  to,  to  be 
or  to  designate  a  member  of     .          .          .        Resolve 
sheriffs,  annual  returns  by,  to,  provisions  of  law  relative 
to,  repealed      ........ 

income  tax,  appropriations  ...... 

CORRECTION,    DEPARTMENT   OF: 


in  general,  appropriations        ...... 

commissioner,  state  prison  colony,  certain  land  in  town  of  Nor 
folk  used  for  purposes  of,  sale  by   . 

pardons,  advisory  board  of,  appropriations 

parole,  board  of,  abolished,  and  succeeded  by  a  parole  board 

appropriations         ....... 

board,  creation,  powers,  duties,  etc.      .  .  .  . 

Correction,  houses    of    (see    Penal    and  reformatory  institutions, 

counties,  of). 
Correspondence  courses,  free,  advantages  of,  extension  to  certain 
blind  persons        ........ 

extension  to  disabled  veterans      ...... 

Costs,  actions  of  contract  in  which  motor  vehicles  have  been  attached 
on  mesne  process,  in    . 


Chap. 


237 
326 


386 


10 


234 
434 


424 


Item  or 
Section. 


1,2 
6,7 
1-3 


319-330; 

Page  251 

322, 329 


151 

1.  2 

108 
108 

1.3 

2 

135 

1-3 

422 
364 
395 
444 

1-5 
3 
3 
1 

234 
434 

325-329 
329 

320 


46 


26 

148 
234 

I  234 

434 

[445 

200 
f234 

434 
[445 

399 
(234 

434 
1.445 

399 


213 
327 


295 


323,  324 

531-556; 
Page  252 
532-550; 
Page  588 
532 


532 
532 
532 
1-6 
532 
532 
532 
1-6 


Index.  779 

Item  or 
Chap.  Section. 

Costs  —  Concluded. 

criminal  proceedings,  certain,  in,  imposition  regulated        .  .     251  1,  2 

keepers,  actions  in  which  appointed,  in    .  .  .  .  .     308 

tort  actions,  certain,  in,  arising  out  of  operation  of  a  motor  ve- 
hicle, where  plaintiff  does  not  recover  final  judgment  for 

more  than  one  hundred  dollars  as  damages,  relative  to      .44  1,  2 

Cottage  Farm  bridge,  overpass  at  or  near  intersection  of,  and  Me- 
morial drive  and  Brookline  street  in  city  of  Cambridge, 
construction  of,  investigation  relative  to  .        Resolve       75 

Council  and  councillors  (see  Governor  and  council). 
Council  of  state  governments,  participation  of  commonwealth  as 

member  of  ........     404  1 

f  234     18   19  ''8  31 
Counsel  to  senate  and  house  of  representatives,  appropriations  <  ^3^        '      '^g^'  ^g 

special  laws,  indexing  of,  appropriations  ....     234  36 

COUNTIES: 

agricultural  schools  of  certain,  income  received  at  certain,  dis- 
position of  .  .  .  .  .  .  .  .41 

appropriations  for  maintenance,  etc.,  of  certain  .  .  .     320  1,  2 

expenditures  prior  to  .......       36 

clerks  of  courts  of  (see  Clerks  of  courts), 
commissioners  (see  County  commissioners), 
employees  of  (see,  infra,  officers  and  employees  of), 
expenditures  by,  before  enactment  of  annual  appropriation  act  .       36 
investigation  and  study  relative  to        .  .  .      Resolves  3,  12 

finances  of  (see  County  finance). 

hares  and  rabbits,  close  season  on,  extension  of,  in  certain  .  .     316 

laws,  county,  and  court  decisions  relative  thereto,  copies  of  com- 
pilation of,  sale  by  county  commissioners  of  certain  .  .       46 
money,  certain,  required  to  be  paid  to  county  treasurers,  return 

or  recovery  of,  further  regulated   .  .  .  .  .64  1,  2 

motor  vehicles  owned  by,  exempted  from  law  providing  for  super- 
vision and  control  of  motor  vehicles  transporting  prop- 
erty   381 

officers  and  employees  of,  in  general,  retirement  allowances  and 
pensions,  non-contributory,  for,  ultimate  abolition  of, 
advancement  of  date  for   .  .  .  .  .  .     102  2,  4,  6 

See  also  Retirement  systems  and  pensions,   retirement 
systems,  counties,  of. 
officers,  bond,  annually  giving  by  certain,  etc.  .  .  .     219  1-6 

expenditures  by,  before  enactment  of  annual  appropriation 
act     ..........       36 

See  also  specific  titles  of  officers. 
penal  and  reformatory  institutions  of  (see  Penal  and  reformatory 

institutions) . 
retirement  systems,  contributory,  for,  changes,  certain,  in  laws 

relating  to  ........     336  1-10 

See  also  Retirement  systems  and  pensions, 
state  highways,  laying  out  and  construction  by  department  of 

public  works,  as  affecting      ......     218  1,  2 

taxation  by,  investigation  and  study  relative  to         .       Resolves  3,  12 

tax,  county,  granting  for  certain      ......     320  2 

treasurers  of  (see  County  treasurers). 

tuberculosis  hospitals  (see  Tuberculosis  hospital  districts,  county). 
See  also  names  of  specific  counties. 
COUNTY   COMMISSIONERS: 

in  general,  abatement  of  local  taxes,  refusal  of,  appeals  upon,  to    400  6 

district  courts,  records,  papers  and  documents  in,  safeguarding 

of,  duties  as  to    .  .  .  .  .  .  .59 

expenditures  by,  before  enactment  of  annual  appropriation  act       36 
laws,  county,  and  court  decisions  relative  thereto,  copies  of 

compilation  of,  sale  by  certain       .  .  .  .46 

nuisances,  decisions  of  boards  of  health  with  respect  to,  appeals 

from,  to      ....-•••  •     278 

reserve  funds,  county,  transfers  from,  to  other  accounts  upon 

request  of  .  .  .  .  .  .  .  •     320  1 

state  highways,  laying  out  and  construction  by  department  of 

pubhc  works,  filing  of  plans,  certificates,  etc.,  as  to,  with  .     218  1 

tax,  county,  levy  by  certain  ......     320  2 

Barnstable,  advertising  recreational  advantages  of  the  county, 

expenditures  for,  by     .  .  .  .  .  ■  .318  1,  2 

shore  protection  for  towns  in  the  county,  construction  by  de- 
partment of  pubhc  works,  contributions  by  county  to  cost 
of,  powers  and  duties  as  to  .  .  .  .  .  .39 


780 


Index. 


COUNTY    COMMISSIONERS  —  Concluded. 

Dukes,  land,  certain,  in  town  of  Gay  Head,  acquisition  for  park 
purposes  by  .......  . 

Essex,  training  school,  county,  additional  land  in  city  of  Law- 
rence to  be  used  for  purposes  of,  purchase  by  . 
Franklin,  "old  court  house  property",  so  called,  in  Greenfield, 
sale  by        ........  . 

Hampden,  Apremont  park  in  city  of  Westfield,  acquisition  and 
development  as  a  war  memorial  and  removal  thereto  of  a 
certain  existing  memorial,  powers  and  duties  as  to  . 
Hampshire,    bridge,    certain,    over    Connecticut    river    between 
Northampton  and  Hadley,  purchase  by,  and  land  takings 
and  borrowing  of  money  by  said  commissioners  in  connec- 
tion with  construction  of  new  bridge  in  vicinity  thereof 
Middlesex,  clerk  of  courts,  fifth  assistant,  act  providing  for,  ac' 
ceptance  by  ......  . 

district  court,  first,  of  eastern  Middlesex,  additional  accom- 
modations for,  providing  by  .... 

Lowell,  of,  additional  land  for  purposes  of,  acquisition  by 
tuberculosis  hospital  district,  hospital  of,  alterations  and  addi- 
tions  to,  making  of,  powers  and  duties  as  to      . 
Norfolk,  district  court.  East  Norfolk,  of,  at  Quincy,  adequate  ac- 
commodations for,  providing  by    . 
northern  Norfolk,  of,  at  Dedham,  adequate  accommodations 
for,  providing  by  .....  . 

tuberculosis  hospital,  county,  land,  certain,  acquisition  for  pur- 
poses of,  powers  and  duties  as  to    . 
Plymouth,  district  court,  second,  of  Plymouth,  property  for  use 
of,  acquisition  by  .....  . 

jail  and  house  of  correction,  making  of  certain  improvements 
at,  by  .......  . 

tuberculosis  hospital,  certain  improvements  at,  making  by 
Worcester,  district  court,  central,  of  Worcester,  second  assistant 

clerk  of,  act  establishing  office  of,  acceptance  by 
See  also  Counties. 
COUNTY   FINANCE: 

agricultural  schools,  income  received  at  certain,  disposition  of 
appropriations  for  maintenance  of  certain  counties,  etc. 
expenditures  prior  to  .  .  .  .  .  . 

expenditures,  before  enactment  of  annual  appropriation  act 
public,  and  taxation,  problems  of,  investigation  and  study  of, 
by  special  commission  ....        Resolves 

reserve  funds,  transfers  from,  to  other  accounts,  when  may  be 
made  ........ 

return  or  recovery  of  certain  money  required  to  be  paid  to  county 
treasurers,   further  regulated  .... 

sheriffs,  financial,  etc.,  reports  by,  making  of  certain,  to  director 
of  division  of  accounts,  provisions  of  law  relative  to,  re- 
pealed        ........ 

See  also  County  treasurers. 
County  tax,  granting  for  certain  counties     .... 

COUNTY   TREASURERS: 

bonds,  giving  by  certain  county  officers  annually  to  . 
Essex  county,  of,  charge  by,  against  appropriation  for  criminal 
costs  in  superior  court  made  for  said  county  for  current 
year,  authorized  ...... 

retirement  systems,  county,  powers  and  duties  as  to 
return  or  recovery  of  certain  money  required  to  be  paid  to,  fur- 
ther regulated      ........ 

Court  house,  Suffolk  county,  proposed  addition  to,  temporary  bor- 
rowing by  city  of  Boston  to  provide  funds  to  meet  in  part 
the  cost  of,  in  anticipation  of  payments  by  state  and 
federal  governments     ....... 

erection  of  certain  pent  houses,  etc.,  above  roof  line  of 
Court  ofl&cers,    pensions,   non-contributory,   for   certain,   ultimate 
abolition  of,  advancement  of  date  for     .... 

West  Roxbury  district,  municipal  court  of,  additional  officer, 
provisions  for  ■    . 
COURTS: 

in  general,  justices,  associate  justices  and  special  justices  of, 

attachment  of  motor  vehicles  on  mesne  process  in  actions 

of  contract,  consent  to,  by    . 

county  retirement  systems,  provisions  of  law  relative  to, 

excepted  from     ........ 


Chap. 

105 
69 
67 

389 


297 

41 

320 

36 

36 

3,  12 

320 

64 

148 
320 
219 


28 
336 


64 


Item  or 
Section. 


1,  2 
1,  2 


155 

1-4 

158 

2 

50 
42 

1-4 
1.  2 

205 

1,  2 

100 

1-4 

100 

1-4 

330 

1-3 

63 

1-4 

62 
61 

1-4 
1-3 

1.  2 


1 
1.  2 

2 
3,  4,  5 


1,  2 


181 
238 

1,  2 

102 

4 

298 

295 

2 

336 

1,  22 

Index.  781 


Item  or 
Chap.  Section. 

COURTS  —  Concluded. 

in  general,  justices,  assor-iate  'justices   and  special   justices  of, 
keepers  of  personal  property  which  has  been  attached, 
appointment  of,  written  permission  for,  by      .  .  .     308 

uniform  criminal  interstate  rendition  law,  powers  and  duties 

under  ...  .  .  .  .  .304  1 

uniform  extra-territorial  arrest  on  fresh  pursuit  law,  powers 

and  duties  under  .......     208  1 

probation  officers  (see  Probation  officers), 
clerks  of  (see  Clerks  of  courts;   District  courts), 
district  courts  (see  District  courts), 
land  court  (see  Land  court), 
probate  courts  (see  Probate  courts). 

superior  court  (see  Supreme  judicial  and  superior  courts), 
supreme  judicial  court  (see  Supreme  judicial  and  superior  courts), 
trial  justices  (see  Trial  justices). 
See  also  Judicial  council. 
Crabs,  edible,  taking  from  waters  within  jurisdiction  of  common- 
wealth during  certain  months  of  year,  prohibited     .  .     121 
Cream,  sale  by  certain  licensed  milk  dealers  without  being  licensed 

as  hawkers  and  pedlers  .  ._         .  .  .  .214 

See  also  Frozen  desserts  and  ice  cream  mix;   Milk. 
Cream  cheese,  definition  of         ......         .     335  2 

Credit  reporting  agencies,  labor  disputes,  etc.,  activities  in,  of, 

prohibited 437  3 

Credit  unions,  investments  by    .  .       _  .  .  .  .  .     228 

loans  insured  by  federal  housing  administrator,  making  by         .     240 
Crime  prevention,  interstate  co-operation,  commission  on,  to  con- 
sider question  of,  etc.  .......     404  1 

Crimes,  district  courts,  jurisdiction       .  .  .  .  .  .     301 

See  also  Criminal  procedure  and  practice. 
Criminal  interstate  rendition,  uniform  law       ....     304  1-3 

CRIMINAL   PROCEDURE   AND   PRACTICE: 

appeals,  withdrawal  of  .  .  .  .  .  .  .  .311 

arrest,  exemption  from,  of  witnesses  under  uniform  law  to  secure 
attendance  of  witnesses  from  without  a  state  in  criminal 
proceedings  ........     210  1 

extra-territorial,  on  fresh  pursuit,  law  as  to,  made  uniform, 
and  commonwealth  authorized  to  co-operate  with  other 
states  in  connection  therewith        ..... 

interstate  rendition,  uniform  law  as  to,  under 
costs  in  certain  criminal  proceedings,  imposition  regulated  . 
district  courts,  criminal  jurisdiction  of      . 
interstate  rendition,  procedure  on,  uniform  law  as  to 
interstate  supervision  of  probationers  and  parolees,  compacts  for 
summons,  issuance  instead  of  warrant  for  arrest  in  certain  prose- 
cutions for  violation  of  motor  vehicle  laws        .  .  .     230  1,  2 
trial  of  crimes  by  district  court  justices  sitting  in  superior  court, 

law  providing  for,  duration  extended      .  .  .  .     358 

witnesses  from  without  a  state,  attendance  in  criminal  proceed- 
ings, law  securing,  made  uniform  ....     210  1,  2 

See  also  Parole  board ;   Parole,  board  of. 
Crippled  children,  education  of  certain,  by  cities  and  towns,  state 

reimbursement  for,  investigation  relative  to   .        Resolve       38 
appropriation     .........     434    361,  Page  584 

Cuttyhunk  harbor,  improvements  in  ...        Resolve       29 

appropriation    .........     445  694b,Page  610 

D. 

Dagger,  carrying,  penalty  for        ......  .     250  1,  2 

Dairy  farms,  inspection  of  certain,  investigation  and  study  relative 

to       ....••.  .       Resolve       68 

Dairying  and  animal  husbandry,  division  of  (see  Agriculture, 

department  of). 
Dalton,  town  of  (see  Cities  and  towns). 
Damages,  motor  vehicle  accident  cases,  certain,  in,  actions  to  recover 

(see  Motor  vehicles,  tort  actions  arising  out  of  operation  of). 
Dangerous  weapons,  unlawfully  carrying,  penalty  for   .  .  .     250  1,  2 

See  also  Firearms;   Pistols;   Revolvers. 
Danvers,  state  hospital,  appropriations  .  .  .  .  .  |  ^04  ^^^476 

town  of  (see  Cities  and  towns). 
Dartmouth,  town  of  (see  Cities  and  towns). 


208 

1,  2 

304 

1,  3 

251 

1.2 

301 

304 

1-3 

307 

1,  2 

782  Index. 

Item  or 
Chap.  Section. 

Davis,  Commonwealth  vs.,  cases  of,  legal  services  rendered  in,  etc., 
payment  by  commonwealth  of  sum  of  money  to  Albert  W. 
Rockwood  for      ......        Resolve       61 

Deaf  and  blind  pupils,  education  of,  appropriation  234  344 

See  also  Children,  hard  of  hearing. 
Deaths,  motor  vehicles,  caused  by,  security  for  satisfaction  of  judg- 
ment (see  Motor  vehicles,  liability  for  bodily  injuries,  etc., 
caused  by,  security  for), 
workmen,  of,  compensation  for  (see  Workmen's  compensation). 
Debtors  (see  Small  claims  procedure;   Supplementary  proceedings  in 

civil  actions). 
Debts,  commonwealth,  of  (see  State  finance). 
Deceased  persons,  estates  of  (see  Estates  of  deceased  persons). 
Dedham,  and  Hyde  Park  Gas  and  Electric  Light  Company,  certain 
property  of,  acquisition  by  city  of  Boston  and  lease  thereof 
to  Boston  Consolidated  Gas  Company  ....     292  1-9 

town  of  (see  Cities  and  towns). 
Deeds,  mineral,  so  called,  inclusion  of,  within  provisions  of  laws  relat- 
ing to  promotion  and  sale  of  securities,  investigation  rela- 
tive to        ......  .       Resolve      37 

appropriation  ........     434    36j,  Page  584 

registers  and  registries  of  (see  Registers  and  registries  of  deeds). 
See  also  Real  property,  conveyance,  etc.,  of. 
Deer,   damages  caused  by,  payment  by  commonwealth  of,  appro- 
priation            234  293 

hunting  of,  violation  of  law  regulating,  prima  facie  evidence  of, 

etc 324 

open  season  on,  Norfolk  county,  in,  abolished   ....     243  1,  2 

province  lands  at  Provincetown,  hunting  on,  relative  to     .  .     372  1,  2 

state  reservations,  hunting  in  ......       89  1,  2 

Deer  Island,  Boston  harbor,  in,  Shirley  Gut  between  town  of  Win- 
throp  and,  widening  and  deepening  of,  investigation  as 
to       .......  .        Resolve       69 

appropriation     .........     445   36t,  Page  610 

Defective  delinquents,  permits  to  be  at  liberty,  granting  to   .  .     399  2 

Deficiency  appropriations {  lit  Pages  l^S 

Definitions  (see  Words  and  phrases). 
DEGREES: 

legislation  authorizing  the  granting  of,  petitions  for  .  .  .     364  2 

Middlesex  University,  Trustees  of,  conferring  by,  of  certain       .     326  2 

Suffolk  University,  conferring  by,  of  certain      ....     237  2 

Delinquents,  defective  (see  Defective  delinquents). 
Democratic  state  committee,  chairman  of,  to  be  or  to  designate  a 
member  of  special  commission  to  investigate  relative  to 
registration  of  voters    .....        Resolve       67 
Dennis,  town  of  (see  Cities  and  towns). 
Dental  examiners,  board  of  (see  Civil  service  and  registration, 

department  of). 
Dentistry,  practice  of  dentists,  dental  hygienists  and  other  persons 

practicing,  further  regulated  .....     253 

DEPARTMENTS,    STATE: 

See   Commonwealth,   departments,    boards,    commissions,   etc., 
of;   also  specific  titles  as  follows:  — 
Agriculture,  Department  of. 
Attorney  General. 
Auditor,  State. 

Banking  and  Insurance,  Department  of. 
CivU  Service  and  Registration,  Department  of. 
Conservation,  Department  of. 
Corporations  and  Taxation,  Department  of. 
Correction,  Department  of. 
Education,  Department  of. 
Industrial  Accidents,  Department  of. 
Labor  and  Industries,  Department  of. 
Mental  Diseases,  Department  of. 
Metropolitan  District  Commission. 
Public  Health,  Department  of. 
Public  Safety,  Department  of. 
Public  Utilities,  Department  of. 
Public  Welfare,  Department  of. 
Public  Works,  Department  of. 
Secretary,  State. 
Treasurer,  State. 


Index.  783 

Item  or 
Chap.  Section. 

Dependent  children,  mothers  with,  aid  to  (see  Mothers  with  de- 
pendent children,  aid  to). 
See  also  Minors;    Parent  and  child. 
Deposits  (see  Banks  and  banking). 

Derby  wharf,  Salem,  city  of,  in,  and  adjacent  properties,  acquisition 
and  transfer  by  said  city  to  United  States  government  for 
restoration  and  preservation  as  a  national  monument 
Detectives,  private,  labor  disputes,  etc.,  activ-ities  in,  of,  regulated  . 
Development  and  industrial  commission,  Massachusetts,  es- 
tablishment, powers,  duties,  etc.  ..... 

appropriation     ......... 

Disabled  American  Veterans  of  the  World  War,  official  insignia 
of,  mural  painting  representing,  in  state  house,  placing 
of  bronze  lettering  under       ....        Resolve 

appropriation     ......... 

Disabled  veterans,   correspondence  courses,  free,  certain,  furnish- 
ing by  department  of  education  to  ...  . 

Discrimination,  age,  as  to,  in  employment,  prohibited   . 

in  examination  of  applicants  for  licenses  to  operate  motor  ve- 
hicles, prohibited  ....... 

emplojTnent,  in,  deemed  to  be  an  unfair  labor  practice  under  state 
labor  relations  act         ....... 

milk  dealers,  by,  as  to  prices,  etc.,  prohibited    .... 

Diseases,  communicable,  division  of  (see  Public  health,  department 
of), 
industrial  or  occupational,  prevention  of,  rules  and  regulations 

for,  making  by  department  of  labor  and  industries  .  .     249 

mental,  department  of  (see  Mental  diseases,  department  of), 
occupational,  prevention  and  control  of,  investigation  and  study 

relative  to  ......        Resolve       46 

See  also  Labor  and  industries,   department  of,  occupational 
hygiene,  di\dsion  of. 
Dissolution,  corporations,  certain,  of  .  .  .  .  .     239  1-4 

Distributive  occupations,  so  called,  changes  in  laws  relating  to 
vocational    education    to    include,    investigation    relative 
to       .......  .       Resolve       63 

DISTRICT   ATTORNEYS: 


241 
437 

1-5 
1-3 

427 

445  465a, 

Page  611 

18 
434  163b.  Page  583 

327 
367 

1,  2 

284 

436 
428 

7 
7 

in  general,  appropriations 


234  79-87 

434     83,  Page  583 


expenses,  certain,  to  be  incurred  by  officers  under  direction  of, 

money  advanced  for,  return,  etc.,  of       ....       64  1 

interstate  rendition,  uniform  law  as  to,  powers  and  duties  under     304  j       '     ^g  20];] 
money  required  to  be  paid  to  county  treasurers  by  public 

officers  or  other  persons,  recovery  by      ....       64  2 

southern  district,  district  attorney  and  assistant  district  attor- 
neys of,  salaries  established  ......     279 

DISTRICT   COURTS: 

in  general,  administrative  committee  of,  appropriation     .  .     234  58 

probation   officers  appointed   for   Boston  juvenile   court   and 
district   courts  in  Suffolk  county  other  than   municipal 
court  of  city  of  Boston,  compensation  of,  approval  by 
appeals,  from,  to  superior  court,  in  criminal  cases,  withdrawal  of 

to,  under  unemployment  compensation  law 
auditors,  appointment  in  motor  vehicle  tort  cases  in,  investi- 
gation and  study  relative  to        .  .  .        Resolve 
appropriation       .           .           .           . 

clerks,  assistant,  salaries  of,  investigation  and  study  relative 
to  .  .  .  .  .  .  .  .       Resolve 

appropriation       ........ 

bond,  to  give,  annually,  etc.     ...... 

salaries  of,  investigation  and  study  relative  to    .        Resolve 
appropriation  ........ 

criminal  jurisdiction  of        ......  . 

equity  jurisdiction,  limited,  extending  to,  investigation  and 
study  relative  to        ....  .        Resolve 

appropriation       ........ 

juries  of  six,  trial  by,  of  civil  actions  in,  investigation  and  study 
relative  to  ......        Resolve 

justices,  bonds,  annual,  of  clerks  of  their  respective  courts,  sum 
of,  approval  by   . 
retirement  or  resignation  of,  pensions  upon,  etc. 
salaries  of,  investigation  and  study  relative  to   .        Resolve 
appropriation  ........ 


18G 

311 

421  1. 

Subs 

. 30, 32 

55 

445 

36m 

55 

445 

36m 

219 

3 

55 

445 

36m 

301 

1,2 

55 

445 

36m 

56 

219 

3 

409 

1, 

2,  5-7 

55 

445 

36m 

784  Index. 

Item  or 
Chap.  Section. 

DISTRICT    COURTS  —  Concluded. 
in  general  —  Conclnded. 

justices,  special,  pensions  for,  investigation  and  study  relative 

to     .  .  .  .  .  .  .        Resolve       55 

appropriation         .......     445  36m 

salaries  of,  investigation  and  study  relative  to       Resolve       55 

appropriation         .......     445  36m 

services  of  certain,  reimbursement  of  counties,  appropria- 
tion       234  55 

waiver  by,  when  holding  court,  of  requirement  of  five  day 

notice  of  intention  of  marriage  .  .  .  .  .11  1,2 

witnesses  from  without  a  state,  attendance  in  criminal 
proceedings,  uniform  law  to  secure,  powers  and  duties 

under 210  1 

superior  court,  sitting  in,  trial,  etc.,  of  certain  criminal  cases 

by,  compensation  and  expenses  of,  appropriations     .     234  53,  54 

law  providing  for,  duration  extended  .  .  .     358 

witnesses  from  without  a  state,  attendance  in  criminal  pro- 
ceedings, uniform  law  to  secure,  powers  and  duties  under     210  1 
records,  papers  and  documents  in,  safeguarding  of,  and  destruc- 
tion of  certain  old  papers  and  documents  in  civil  actions 
therein         .........       59 

reorganization,    etc.,    of,    investigation    and    study    relative 

to  .  .  .  .  .  .  .  .        Resolve       55 

appropriation      ........     445  36m 

small  claims  procedure  in,  made  more  effective       .  .  .     310 

Suffolk  county,  in,  other  than  municipal  court  of  city  of  Bos- 
ton, probation  officers  appointed  for,  fixing  of  compensa- 
tion of         .  .  .  .  .  .  186 

system,   district  court,  of  commonwealth,  investigation  and 

study  relative  to       ....  .        Resolve       55 

appropriation       .  .  .  .  .  .  .  .     445  36m 

tort  actions  arising  out  of  operation  of  motor  vehicles,  auditors 
in,  appointment  of,  investigation  and  study  relative 
to  .  .  .  .  .  .  .  .        Resolve       55 

appropriation       ........     445  36m 

claims  of  plaintiffs  in,  for  trial  by  superior  court,  time  of 

filing  in 133  1,  2 

special  provisions  for  particular  courts: 

Boston,  municipal  court  of  city  of,  justices  of,  retirement  or 

resignation  of,  pensions  upon,  etc.  ....     409  1,  2,  5-7 

Dukes  County,  district  court  of,  justice  of,  salary  established  .     294 
Hampshire,  district  court  of  eastern,  salaries  of  justice  and 

clerk  of,  established      .  .  .  .  .  .      _    .     378  1,  2 

Lowell,  district  of,  additional  land  for  purposes  of,  acquisition 

by  Middlesex  county   .  .  .  .  .  .  .42  1,  2 

Middlesex,  district  court,  first,  of  eastern,  additional  accom- 
modations for      .  .  .  .  .  .  .  .       50  1-4 

Norfolk,    east,    district   court  of,  adequate   accommodations 

for .     100  1-4 

northern,  district  court  of,  adequate  accommodations  for     .100  1-4 

Plymouth,  second  district  court  of,  acquisition  of  property  for 

use  of  .  .  .  .  .  .  .  .  .63  1-4 

Suffolk  county,  in,  other  than  municipal  court  of  city  of  Bos- 
ton, probation  officers  appointed  for,  fixing  of  compensa- 
tion of         ........  .     186 

West  Roxbury  district,  municipal  court  of,  additional  court 

officer  in,  provision  for  ......     298 

Worcester,  district  court,  central,  of,  second  assistant  clerk, 

office  established  .......     297  1,  2 

See  also  Boston  juvenile  court. 
District  of  Columbia,  uniform  criminal  interstate  rendition  law, 

provisions  under,  relating  to  .....     304      1,  Subs.  20k 

DISTRICTS: 

in  general,  borrowing  of  money  by,  federal  emergency  unem- 
ployment relief  projects,  on  account  of  .  .  .  .     107  1-3 

motor  vehicles  owned  by,  exempted  from  law  providing  for 
supervision  and  control  of  motor  vehicles  transporting 
property     .........     381 

pensions   and    retirement    allowances,    non-contributory,    for 
certain  employees  of,  ultimate  abolition  of,  advancement 

of  date  for 102  2,  3,  7,  10 

fire,  Centerville-Osterville  Cotuit  Fire  District,  water  supply  for, 

and  its  inhabitants       .......     169  1-11 


1 


Index. 


785 


DISTRICTS  —  Concluded. 

fire  and  water,  Swansea  fire  and  water  district,  abolished 

Topsfield  Water  District  of  Topsfield,  establishment,  etc. 
metropolitan  (see  Metropolitan  districts). 
tuberculosis  hospital  (see  Tuberculosis  hospital  districts), 
water.  Buzzard's  Bay  Water  District,  establishment,  etc.    . 
Manchaug  Water  District  of  Sutton,  establishment,  etc. 
Topsfield  Water  District  of  Topsfield,  establishment,  etc. 
See  also  Boston  metropolitan  district;    Representative  districts 
Dividends,  closed  banks,  liquidation  of  certain,  payment  in,  relative 

to _      .  ._         . 

domestic  corporations,  paid  by,  taxation  of,  as  income 
foreign  corporations,  paid  by,  credit  for  certain,  not  to  be  al 
lowed  temporarily         ...... 

taxation  of,  as  income  ...... 

DIVISIONS,    STATE   DEPARTMENTS,    OF: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of; 
also  specific  titles,  as  follows:  — 
Accounts  (see  Corporations  and  Taxation,  Department  of). 
Aid  and  Relief  (see  Public  Welfare,  Department  of). 
Banks  and  Loan  Agencies  (see  Banking  and  Insurance,  De- 
partment of). 
Blind  (see  Education,  Department  of). 
Child  Guardianship  (see  Public  Welfare,  Department  of). 
Civil   Service    (see   Civil   Service   and   Registration,    Depart- 
ment of). 
Commercial  Motor  Vehicle  (see  Public  Utilities,  Department 

of). 
Dairying  and  Animal  Husbandry   (see  Agriculture,  Depart- 
ment of). 
Fire  Prevention  (see  Public  Safety,  Department  of). 
Fisheries  and  Game  (see  Conservation,  Department  of). 
Forestry  (see  Conservation,  Department  of). 
Immigration   and  Americanization    (see   Education,   Depart- 
ment of). 
Income  Tax  (see  Corporations  and  Taxation,  Department  of). 
Inspection  (see  Public  Safety,  Department  of). 
Insurance  (see  Banking  and  Insurance,  Department  of). 
Juvenile  Training  (see  Public  Welfare,  Department  of). 
Libraries,  Public  (see  Education,  Department  of). 
Livestock  Disease  Control  (see  Agriculture,  Department  of). 
Markets  (see  Agriculture,  Department  of). 
Necessaries  of  Life  (see  Labor  and  Industries,  Department  of). 
Occupational    Hygiene    (see   Labor   and   Industries,    Depart- 
ment of). 
Plant  Pest  Control  (see  Agriculture,  Department  of) . 
Reclamation,  Soil  Survey  and  Fairs  (see  Agriculture,  Depart- 
ment of). 
Registration    (see    Civil    Service    and    Registration,    Depart- 
ment of). 
Savings  Bank  Life  Insurance   (see  Banking  and  Insurance, 

Department  of). 
Securities  (see  Public  Utilities,  Department  of). 
Smoke  Inspection  (see  Public  Utilities,  Department  of). 
Standards  (see  Labor  and  Industries,  Department  of). 
State  Police  (see  Public  Safety,  Department  of). 
Divorce,  imprisonment  for  five  years  or  more  in  a  federal  penal  insti- 
tution or  any  penal  or  reformatory  institution  in  this  or 
any  other  state  constituted  as  a  cause  for 
Doctors  (see  Physicians). 

Dog  kennels,  licensing  of,  in  case  of  their  removal  to  other  municipal- 
ities within  same  county        .    _       . 
Dog  racing  meetings  (see  Racing  commission,  state). 
Dogs,   "seeing  eye",  so  called,  blind  per-sons  entitled  to  be  accom- 
panied by,  on  common  carriers  wathout  additional  cost 
See  also  Rabies. 
Domestic  corporations  (see  Corporations). 
Domestic  servants,  minimum  wage  law  not  applicable  to 
Dooley  Bros.,  Inc.,  refund  to,  of  certain  money  by  city  of  Boston 
Doorkeepers  (see  General  court). 

Dorchester  district  of  city  of  Boston,  Malibu  beach  in,  further 

improvements  at,  investigation  relative  to     .        Resolve 

sewers,  additional,  in,  etc.,  investigation  by  metropolitan  district 

commission  relative  to  ....        Resolve 


Chap. 

92 
138 


145 
179 
138 

/  170 

\371 

395 

395 
395 


Item  or 
Section. 

1,  2 
1-14 


1-14 
1-14 
1-14 


1,  3,  4 

2 
1.  3.4 


76 


95 


247 


401 
222 


20 
42 


1.  2 


Subs.  2 
1.  2 


786 


Index. 


Douglas,  town  of  (see  Cities  and  towns). 
Dover,  town  of  (see  Cities  and  towns). 
Dracut,  town  of  (see  Cities  and  towns). 

Drafts,  checks,  etc.,  fraudulent,  making,   drawing,   uttering  and 
delivery  of  ........ 

Drainage,  house,  regulations  as  to,  by  boards  of  health  in  towns 

wdthout  authorization  by  their  respective  towns 
Draper,  Charles  J.,  Belmont,  of,  refunding  to,  by  alcoholic  bever- 
ages control  commission  of  a  part  of  a  certain  license 
fee     ........        Resolve 

Drinking  purposes,  interstate  waters  used  for,  protecting  purity  of, 
investigation  relative  to         ...  .        Resolve 

Drinks  (see  Alcoholic  beverages). 

Driving  so  as  to  endanger  (see  Motor  vehicles,  operation  of,  negli- 
gently, etc.). 
Drug  business,  assistant  pharmacists  not  to  engage  in   . 

rules  and  regulations  as  to,  by  board  of  registration  in  pharmacy 
stores  for  retail,  registration,  etc.,  of,  suspension  or  revocation  for 

violation  of  rules  or  regulations  of  board,  etc.  . 
See  also  Pharmacists. 
Druggists  (see  Pharmacists). 

Drugs,  food  and,  inspection  in  department  of  public  health,  appro- 
priations    ......... 

manufacture,  etc.,  by  industrial  homework,  prohibited 
use  for  purpose  of  affecting  speed  of  horses  at  horse  racing  meet- 
ings, prohibited  and  penalized        ..... 

See  also  Medicines. 
DUKES    COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

district  court  of,  justice  of,  salary  established  .  .  .  . 

fishing  without  license  in  certain  ponds  in,  permitted 
Gay  Head,  town  of,  certain  land  in,  acquisition  for  park  purposes 
by      .  .  ...  .  .  .  .  ... 

registry  of  deeds  for,  filing  in,  of  plan  showing  re-established 
boundary  line  between   towns  of  Edgartown  and   Oak 
Bluffs  and  monuments  marking  same     .  .  .  . 

tax  levy        .......... 

Duxbury,  town  of  (see  Cities  and  towns). 

Dwelling  houses,  taxation,  partial  exemption  from,  of  certain,  in- 
vestigation and  study  relative  to  .  .  .        Resolve 
Dwyer,  Johanna,  estate  of  Johanna  O'Donnell  formerly,  balance  of, 
which  has  escheated  to  commonwealth,  payment  from 
state  treasury  of           .....        Resolve 

Roger,  widow  of,  payment  of  annuity  to,  by  city  of  Lynn   . 


Chap. 


Item  or 
Section. 


99 
339 


15 
51 


343 
343 


343 


234 

429 


322 


1 

2,  5,  6 


612,  613 
Subs.  144 


320 

1,  2 

294 

152 

1.  2 

105 


265 
320 


12 


39 
193 


1,  2 


E. 

East  Boston,  airport,  borrowing  of  money  by  city  of  Boston  for  pur- 
poses of,  extension  of  time  for        ..... 

development,  further,  of,  investigation  relative  to       Resolve 

North   Shore  road  in,   etc.,   lighting  of,   investigation  relative 

to       .......  .        Resolve 

pier  one  at,  appropriations      ....... 

rapid  transit  facilities,  extension  of,  in,  investigation  as  to   Resolve 
appropriation  ........ 

sewers  in,  etc.,  construction  by  metropolitan  district  commission 

state  lands,  certain,  in,  leases  of,  to  city  of  Boston  for  airport  and 
seaplane  purposes,  extension  of  certain  .  .        Resolve 

tunnel,  vehicular  (see  Sumner  Tunnel). 
Eastern  Middlesex,  first  district  court  of,  additional  accommoda- 
tions for      ........ 

East  Norfolk,  district  court  of,  Quincy,  at,  adequate  accommoda 
tions  for      ........ 

East  Otis  Reservoir,  outlet  and  spillway  of,  screening  by  department 
of  conservation    ....... 

East  Waushacum  pond,  Sterling,  town  of,  in,  diversion  of  waters 
of,  by  metropolitan  district  commission,  completion  of 
appropriation    ........ 


160 
24 

24 
(234 
\434 

73 
445  36x,  Page 
/433 
\446 

72 


1-3 


697 
697 

612 

1-9 

3 


50 

100 

296 

225 

434  758b,  Page 


1-4 

1-4 


1,2 

584 


Index. 


787 


Chap. 


Item  or 
Section. 


Eating  establishments  (see  Innholders  and  common  victuallers). 
Edgartown,  harbor,  improvements  in  .  .  Resolve 

appropriation  ........ 

pond,  fishing  in,  without  license,  permitted       .... 

town  of  (see  Cities  and  towns). 
Edison,  Electric  Illuminating  Company  of  Boston,  The,  land,  cer- 
tain, near  Fore  River  bridge,  so  called,  conveyance  by 
state  department  of  public  works  to        . 
name  changed  to  Boston  Edison  Company    .... 

Electric  Illuminating  Company  of  Brockton,  The,  name  changed 
to  Brockton  Edison  Company        ..... 

Education  (see  Colleges  and  universities;   Schools). 
Educational  corporations,  change  of  purpose  of  certain 
EDUCATION,    DEPARTMENT    OF: 


in  general,  appropriations 


correspondence  courses,  free,  certain,  furnishing  to  certain 
blind  persons  by  ....... 

furnishing  to  disabled  veterans  by     . 
investigation  of  certain  educational  matters,  special  commis- 
sion for,  membership  on,  by  a  representative  of     Resolve 
superintendents  of  schools  in  superintendency  unions,  certifi- 
cates of  fitness  of,  powers  and  duties  as  to        . 
vocational  schools,   transportation  of  pupils  to,   state  reim- 
bursement for,  in  case  such  pupils  reside  in  a  town  ex- 
empted from  maintaining  a  high  school  by      . 
commissioner,  legislative  petitions,  powers  and  duties  as  to 
certain         ......... 

Middlesex  University,  Trustees  of,  certain  degree  to  be  con- 
ferred by,  courses  required  for,  approval  by,  etc. 
special  commission  to  investigate  relative  to  certain  educa- 
tional matters,  one  member  of,  designation  by         Resolve 
divisions  of: 

blind,  appropriations  ....... 

homework  performed  under  supervision  of,  not  subject  to 
law  regulating  industrial  homework        .... 

immigration  and  Americanization,  appropriations 


libraries,  public,  appropriations    ..... 

teachers'  retirement  board,  appropriations 

exchange  teacher,  service  rendered  as,  in  certain  cases,  allow- 
ance of  credit  for,  under  retirement  system,  powers  and 
duties  as  to 
outside  commonwealth,  public  day  schools,  service  rendered  in, 

allowance  of  credit  for,  powers  and  duties  as  to 
See  also  Retirement  systems  and  pensions. 
Edwards,  General  Clarence  R.,  bridge,  dedication  ol,  expense  in- 
curred by  Lynn  Chapter  of  the  Yankee  Division  Veterans' 
Association  in,  state  reimbursement  in  part  for        Resolve 
Lynn,   Revere  and   Saugua  relieved  from  obligation  of  paying 
compensation  of  draw  tenders  employed  at,  and  munici- 
palities of  metropolitan  parks  district  relieved  of  obliga- 
tion of  paying  cost  of  maintenance  of  said  bridge 
Election  officers  (see  Elections). 
ELECTIONS: 

absent  voting,  appropriation  ...... 

right  to  vote  by,  certain  conditions  of,  liberalized 
town  elections,  regular,  at  . 
acceptances  of  nomination,  time  for  filing  certain 

appropriations       ......... 


27 
445  694a,  Page  6 10 
152  1.  2 


431 
217 

1,  2 

195 

151 

1,2 

234 

434 

331-409; 

Pages 

251,  252 

332-409a; 

366, 

Page  583; 

Pages 

[    585, 587 

213 
327 

38 

281 

323 

364 

326 

38 

(234 
\434 

429 
234 

234 

(234 

434 


232 
302 


11 


380 

234 

162 

77 

45 

234 

434 


358-365 
360, 362 

Subs.  147H 

354,  355; 

Page  252 

356,  357 

366-370 

366; 

366,  367, 

Page  583 


1-4 


Page  251 

1.  2 

1-5 

1 

204-207; 

Page  251 

205,  206 


788 


Index. 


ELECTIONS  —  Continued. 

ballot  law  commission,  appropriation        ..... 

decisions  by,  time  within  which  to  be  rendered 

objections  to  nominations  for  state  offices,  transmission  to,  and 

sending  of  notices  of  such  objections  to  interested  parties  . 

proportional  representation  and  preferential  voting,  election 

of  city  and  town  officers  by,  ballots  used  in,  modification 

of,  approval  by   .  .  .  .  .  .  .  . 

ballots,  delegates  to  political  conventions,  addresses  of  candidates 
for,  printing  on   .  .  .  .  .  . 

preparing,  printing  and  distribution  of,  appropriation 
proportional  representation  and  preferential  voting,  election  of 

city  and  town  officers  by,  use  in,  regulated 
recounts  of,  representation  of  candidates  at  . 
Boston,  annual  listing  of  residents  of,  for  voting  purposes,  infor- 
mation as  to  citizenship  required  in  ...  . 

Braintree,    representative   town   government   by   limited   town 
meetings  in,  establishment,  etc.     .  .  .  . 

caucuses,  challenging  of  voters  at  polling  places  at  certain  .      _    . 
time  of  holding,  before  regular  town  elections  in  towns  having 
absent  voting  at  such  elections     .  .  ._         . 

certificates  of  nomination,  town  offices,  for,  absent  voting  at  regu- 
lar town  elections,  as  affecting       .  .  ._  .   _       . 
challenging  of  voters  at  polling  places  at  certain  elections,  prima- 
ries and  caucuses          ....... 

cities  having  standard  charter  forms,  preliminary  elections  in, 
filing  of  certain  statements  and  petitions  by  candidates  to 
be  voted  for  at,  time  for       ...... 

city  and  town  primaries  (see,  infra,  primaries), 
city  committees  (see,  supra,  political  committees), 
city  elections,  election  of  city  officers  at,  by  proportional  repre- 
sentation and  preferential  voting  .  .  .       _  .      _    . 
nomination  papers  of  candidates  for  city  office,  certification 
of  names  on,  time  for  filing  for       ..... 

redivision  of  cities  into  wards,  taking  effect  of,  for  . 
withdrawals  of  candidates  nominated  for  city  office,  limitation 
of  time  for  receiving     ....... 

city  primaries  (see,  infra,  primaries), 
committees,  political  (see,  infra,  political  committees), 
congressional  districts,  voting  precincts  in  cities  not  to  be  in  more 
than  one  of  the   .  .  .  .  .  ... 

conventions,  national,  delegates  to,  returns  relative  to,  filing  with 
state  secretary,  date  for  filing       .  .    _      . 

addresses  of  candidates  for,  printing  on  official  ballots 
pre-primary,   law  pro\'iding  for,  repealed  and  certain  other 

laws  revived  and  continued  in  force       .  .        _  . 

state,  delegates  to,  addresses  of  candidates  for,  printing  on 

official  ballots      .  .  .  .  .  .  _       . 

delegates  to  political  conventions,  addresses  of  candidates  for, 
printing  on  official  ballots     ...... 

election  districts,  certain,  use  in  cities      ..... 

election  officers,  temporary  additional,  appointment  in  cities 
Essex,  question  of  granting  licenses  for  sale  of  wines  and  malt 
beverages  in,  voting  on,  by  said  town  at  its  annual  town 
meeting  in  current  year         ...... 

Fall  River,  preliminary  elections  in,  arrangement  of  names  of 
candidates  on  ballots  to  be  used  at         ...  . 

laws  relating  to,  revision  of,  appropriation        .... 

listing,  annual,  of  male  persons  seventy  years  of  age  or  older,  con- 
tinuance of,  notwithstanding  their  exemption  from  pay- 
ment of  poll  taxes         .  .  .  .  _        _. 

Melrose,  biennial  municipal  elections  in,  holding  in  odd-num- 
bered years  and  establishment  of  date  of  said  elections 
municipal  employees,  vacations  for  certain,  question  of  accept- 
ance of  law  as  to,  submission  to  voters  of  certain  cities 
and  towns  .  .  .  .  . 

national  conventions  (see,  supra,  conventions). 
New  Bedford,  redivision  into  wards  and  voting  precincts  for  pur- 
poses of  municipal  elections  therein       .... 

Newton,  biennial  municipal  elections  in  .  .  .  . 

nomination  of  candidates,  certificates  of  nomination,  time  for 
filing  certain        ........ 

nomination  papers,  by,  certification  of  names  on,  time  for  filing 
for,  in  certain  cases     ....... 


Chap. 

434 

227 

212 


345 


147 


345 


25 
412 


26 


412 


15 


Item  or 
Section. 


167a 
1,  2 


22 
234 

204 

345 
303 

226 

17 
275 

1-14 
1.  2 

77 

5 

77 

2-5 

275 

1.  2 

24 

22 

f384 

1435 

1 
1.  2 

22 

22 
412 

27 

55 

1.  2 

131 
434 

18a 

1 

1,  2 

266 

1-7 

313 
150 

1-7 

45 

2 

25 

1,2 

Index.  789 


Item  or 
Chap.  Section. 

ELECTIONS  —  Continued. 

nomination  of  candidates,  objections  to,  for  state  offices,  trans- 
mission to  state  ballot  law  commission,  and  sending  of 
notices  of  such  objections  to  interested  parties         .  .     212  ■  1,  2 

primaries,  by  (see,  infra,  primaries), 
proportional  representation  and  preferential  voting,  election 

of  city  and  tovra  officers  by,  systems  of,  under         .  .     345  Subs.  3 

town  offices,  for,  absent  voting  at  regular  town  elections,  as 

affecting     .  .  .  .  .  .  .  .  .77  2-5 

withdrawals,  limitation  of  time  for  receiving  ...       26 

objections  to  nominations  for  state  offices,  transmission  to  state 
ballot  law   commis.sion    and    sending  of    notices  of  such 
objections  to  interested  parties     .....     212  1,  2 

party  primaries,  delegates  to,  notice  relative  to  certain,  date  for 

filing  with  state  secretary      ......       24  3 

hours  in  evening  during  which  polls  may  be  open  at,  limited      .     201 
law  providing  for,  repealed  and  certain  other  laws  revived  and  f  384  1,  2 

continued  in  force         .  .  .  .  .  .  .  \  435 

political  committees,  in  general,  challengers  of  voters  at  polling 
places  at  certain  elections,  primaries  and  caucuses,  persons 
to  act  as,  appointment  by     .  .  .  .  .  .     275  1,  2 

members  of,  returns  relative  to,  filing  with  state  secretary, 

date  established  .......       24  1 

city  and  town,  intention  of,  to  participate  in  city  and  town 

primaries,  furnishing  notice  of        ....  .     410 

number  of  members  of  ward  and  town  committees,  notice 

of,  to  state  secretary  by       ......       24  1 

state,  political  conventions,  delegates  to,  returns  relative  to 

date  for  filing  with  state  secretary  by      .  .  .  .24  1,  3 

See  also  Democratic  state  committee;   Republican  state  com- 
mittee, 
polling  places,   challenging  of  voters  at,   at  certain   elections, 

primaries  and  caucuses  ......     275  1,  2 

polls,  assessed,  number  of,  returns  of,  by  registrars  of  voters  to 

state  secretary  and  by  him  to  general  court,  discontinued       21  1,  2 

state  and  party  primaries,  at,  hours  in  evening  during  which 

may  be  open        ........     201 

precincts,  voting,  cities,  in,  not  to  be  in  more  than  one  congres- 
sional district       ........     412 

towns,  in,  use  in  formation  of  representative  districts  .  .     267  1,  2 

preliminary,  in  cities  ha\'ing  standard  form  charters,  filing  of  cer- 
tain statements  and  petitions  by  candidates  to  be  voted 
for  at,  time  for    ........      147 

pre-primary  conventions  of  political  parties,  delegates  to,  ad- 
dresses of,  printing  on  official  ballots      .  .  .  .22 

notice  relative  to  certain,  date  for  filing  with  state  secretary  .       24  3 

repeal  of  law  providing  for,  etc.  ..... 

presidential  electors,  meetings  of,  provisions  relative  to,  brought 

into  conformity  with  federal  law    .  .  .  .  .23  1,2 

primaries,  challenging  of  voters  at  polling  places  at  certain         .     275  1,  2 

city  and  town,  effect  of  act  providing  for  abolition  of  party 
primaries  and  pre-primary  conventions  upon,  intent  of 
legislature  with  respect  to,  made  clear   ....     435 

intention  of  certain  committees  to  participate  in,  furnishing 
notice  of     ........  .     410 

nomination  papers  for,  time  for  filing  of,  for  certification  in 

certain  cases         .  .  .  .  .  .  .  .411 

notice  of,  to  state  secretary,  date  for  filing  ....       24  2 

city,  redi vision  of  cities  into  wards,  taking  effect  of,  for  .  .412 

nominations  at,  acceptance,  written,  when  required,  time  for 

fiUng  .........       45  1 

party,  delegates  to,  notice  relative  to  certain,  date  for  filing 

with   state  secretary   .......       24  3 

hours  in  evening  during  which  polls  may  be  open  at,  limited     201 
law  pro\'iding  for,  repealed  and  certain  other  laws  revived  f  384  1,  2 

and  continued  in  force  .  .  .  .  .  .  \  435 

state,  hours  in  evening  during  which  polls  may  be  open  at, 

limited         .  .  .  .  .  .  .  .     201 

nomination  papers  of  candidates  at,  certification  of  names 

on,  time  for  filing  for  .......       25  2 

proportional  representation  and  preferential  voting,  election  of 

city  and  town  officers  by       .....  .     345 

recounts  of  ballots,  representation  of  candidates  at   .  .  .     303 


/384  1,2 

\435 


790  Index. 

Item  or 
Chap.  Section. 

ELECTIONS  —  Concluded. 

registrars  of  voters,  assessed  polls,  returns  of  number  of,  to  state 

secretary  by,  discontinued   ......       21  1 

cities,  certain,  in,  registration  of  voters  by,  on  October  four- 
teenth in  current  year,  authorized  ....     146 

nomination   papers,    candidates   for  offices  in   towns  having 

absent  voting  at  regular  town  elections,  of,  certification  by       77        '  2 

city  and  town  primaries,  for,  time  for  submission  of,  for  cer- 
tification purposes  to    .  .  .  .  .  .  .411 

time  for  filing  for  certification  of  names  on,  by   .  .  .25  1,  2 

proportional  representation  and  preferential  voting,  election 

of  city  and  town  officers  by,  petitions  for,  duties  as  to       .     345 
registration  of  voters,  investigation  relative  to  .        Resolve       67 

appropriation  ........     445   36r,  Page  610 

October   fourteenth   in   current   year,    on,    in    certain    cities, 

authorized  ........     146 

representative  districts,  formation  of,  use  of  precincts  in  certain 

towns  in      .  .  .    _       .  .  .  .  .  .     267  1,  2 

Somerville,  non-partisan  municipal  elections  in,  relative  to  .     211  1-3 

state  committees  (see,  supra,  political  committees). 

state  elections,  certificates  of  nomination  of  candidates  for  oflaces 

to  be  filled  at,  time  for  filing         .....       45  2 

election  of  city  and  town  officers  by  proportional  representa- 
tion and  preferential  voting,  questions  as  to,  submission 
to  voters  of  certain  cities  and  towns  at  .  .  .  .     345  Subs.  1 

vacations  for  certain  municipal  employees,   question  of  ac- 
ceptance of  law  as  to,  submission  to  voters  of  certain  cities 
and  towns  at       ........       15 

state  offices,  nominations  for,  objections  to,  transmission  to  state 
ballot  law  commission,  and  sending  of  notices  of  such 
objections  to  interested  parties     .  .  .  .  .212  1,  2 

state  primaries  (see,  supra,  primaries). 

town  committees  (see,  supra,  political  committees). 

town  elections,  absent  voting  at  regular  .....       77  1-5 

election  of  town  officers  at,  by  proportional  representation  and 

preferential   voting       .  .  .  .  ...     345 

nomination  papers  of  candidates  for  town  office,  certification 

of  names  on,  time  for  filing  for     .....       25  1 

withdrawals  of  candidates  nominated  for  town  office,  limita- 
tion of  time  for  receiving     ......       26 

town  primaries  (see,  supra,  primaries). 

vacations  for  certain  municipal  employees,  question  of  accept- 
ance of  law  as  to,  submission  to  voters  of  certain  cities  and 
towns  .  .  .  .  .  .  .  .  .       15 

voters,  challenging  of,  at  poUing  places  at  certain  elections,  pri- 
maries and  caucuses     .......     275  1,  2 

identity  of,  at  polls,  investigation  relative  to  .        Resolve       67 

appropriation       .  .  .  .  .  ...     445   36r,  Page  610 

listing,  annual,  of,  Boston,  in,  information  as  to  citizenship 

required  in  .......  .      226 

inclusion  in,  of  male  persons  seventy  years  of  age  or  older, 
notwithstanding  their  exemption  from  payment  of  poll 

taxes  .  .  . 1  1,  2 

registration  of,  investigation  relative  to  .  .        Resolve       67 

appropriation       ........     445   36r,  Page  610 

voting  machines,  use  of,  in  election  of  city  and  town  officers  by 

proportional  representation  and  preferential  voting  .     345 

ward  committees  (see,  supra,  political  committees), 
wards,  redivision  of  cities  into,  taking  effect  of  .  .  .  .     412 

withdrawals  of  candidates  lor  elective  public  office,  limitation  of 

time  for  receiving  .......       26 

Electrical  appliances,  overhead,  in  town  of  Winchester,  removal  or 

placing  underground  of  certain     .  .  .  .  .71  1-6 

Electric  companies  (see  Gas  and  electric  companies). 
Electricians,  state  examiners  of  (see  Civil  service  and  registration, 

department  of). 
Electricity,  merchandise,  equipment,  etc.,  incidental  or  auxiliary  to 
use  of,  sale,  installation  and  servicing  of,  by  municipalities 
maintaining  municipal  lighting  plants   ....     235  1,  2 

See  also  Gas  and  electric  companies. 
Electric  railroad  companies,  taxation  of  (see  Taxation,  corpora- 
tions, of,  corporate  franchises). 
Elevator  apparatus  and  machinery,  conditional  sales  of     .         .  |  iic  j   2 


Index. 


791 


Ell  pond,  Melrose,  city  of,  in,  control  of       ....  . 

Embalmers  and  funeral  directors,  registration  of,  certain  per- 
fecting changes  in  laws  relative  to  ...  . 

Embalming  and  funeral  directing,  board  of  registration  in 
(sec  Civil  service  and  registration,  department  of). 

EMERGENCY   FINANCE    BOARD: 

appropriations       ......... 

public  welfare  and  soldiers'  benefits  and  federal  emergency  un- 
employment relief  projects,  borrowing  by  cities  and  towns 
on  account  of,  powers  and  duties  as  to    . 

Emergency  laws,  certain  acts  declared  by  governor  to  be 

federal  (see  Federal  emergency  laws). 
EMERGENCY   PUBLIC   WORKS   COMMISSION: 

appropriations       .  .  .  .  .  .  . 

north  metropolitan  sewerage  district,  additional  sewers  in,  con- 
struction, etc.,  of,  powers  and  duties  as  to        . 

term  of  office  extended  ....... 

Employees,  commonwealth,  of  (see  Commonwealth,  officers  and 
emploj^ees  of). 

counties,  of  (see  Counties). 

injured,  compensation  for  (see  Workmen's  compensation). 

municipal  (see  Municipal  officers  and  employees). 

public,  compensation  for  injuries  sustained  by,  appropriations 

See  also  Employers  and  employees;   Labor. 
EMPLOYERS   AND   EMPLOYEES: 

bargaining    power    between,  equality   of,  investigation    relative 
to       .......  .        Resolve 

appropriation  ........ 

discrimination  against  certain  persons  in  employment  on  account 
of  their  age,  prohibited  ...... 

industrial  homework,  regulation  of,  as  affecting 

injured  employees,  compensation  to  (see  Workmen's  compen- 
sation). 

labor  disputes,  etc.,  private  police  and  detective  activity  in,  regu- 
lation of  certain  forms  of,  as  affecting      .... 

state  printing  and  binding,  persons  employed  in,  register  of,  to 
be  kept,  etc.         ........ 

unemployment  compensation,  establishment  and  administra- 
tion of,  as  affecting      .  .  .  .  .  . 

See  also  Labor;  Labor  relations  act,  state,  so  called;  Minimum 
wage  law. 
Employment,  conditions  and  standards  of,  consideration  by  com- 
mission on  interstate  co-operation  .  .  .        _  . 

contracts,  certain  problems  relating  to,  consideration  by  commis- 
sion on  interstate  compacts  affecting  labor  and  indus- 
tries .  .  .  .  .  .  .  .        Resolve 

discrimination  against  certain  persons  in,  on  account  of  their  age, 
prohibited  ........ 

offices,  public,  free,  appropriations  ..... 

establishment,  operation,  etc.  ...... 

See  also  Labor;    Unemployment. 
Encumbrances,  property,  on  (see  Liens;   Mortgages;  Personal  prop- 
erty;   Real  property). 
Endowment  insurance  (see  Insurance,  classes  of  insurance,  life). 

English  speaking  classes,  adults,  for,  appropriations 

Entry  fee,  supplementary  proceedings  in  civil  actions,  for,  reduced 
Equity,  jurisdiction,  in  general,  labor  relations  act,  state,  under,  not 
limited,  etc.  .  .  .  . 

district  courts,  extending  to,  investigation  and  study  relative 
to  .  .  .  .  .  .  .  .        Resolve 

appropriation      ........ 

probate  courts,  injunctions,  temporary,  to  restrain  foreclos- 
ures of  mortgages  which  hinder  proper  administration  of 
estates  or  certain  trusts,  to  provide  for  issuance  in  certain 
instances  of  .......  . 


Chap. 
259 

13 


Item  or 
Section. 


234 
4.34 

223; 

Page  251 
223 

107 
384 
399 
400 

1-3 
1.  2 

1-6 
1-7 

234 
434 

224 
224 

433 
338 

2,  3,  5 

234 
434 

732, 

Page 

732 
583 

70 
445  36v, 

Page  611 

367 
429 

1.  2 

437 

1-3 

373 

421 

1-4 

404 


30 

3G7 
234 
421 


I  234 

[434 
188 


436 


55 
445 


257 


1,  2 
464,  465 
Subs.  44 


348-350; 
Page  252 
Page  585 


10  (h) 
36ra 


hap. 

Item  or 
Section. 

336 

21 

71 

5 

137 

2 

406 

1 

350 
421 

1,  2 
1.  Subs.  32 

792  Index. 


Equity  —  Concluded. 

jurisdiction,  superior  court,  retirement   systems,  laws  as  to,  to 
enforce,  etc.  ........ 

Winchester,  town  of,  removal^  or  placing  underground  of 
certain  overhead  ^ares,  etc.,  in,  to  enforce 
supreme   judicial   court,    Berkshire   county,    transfer   by   As- 
sociated Charities  of  Pittsfield  of  certain  funds  to  be  in 
conformity  with  decree  of     . 
executors  and  administrators  of  deceased  defendants  in  per- 
sonal actions  the  cause  of  which  survives,  citation  of,  with 
respect  to  . 
Franklin  county,  Conway  Cemetery  Association,  transfer  of 
certain  cemetery  funds  to,  extension  of  time  for  entry  of 
decree  authorizing,  by  ...... 

unemployment  compensation  law,  under   .... 

supreme  judicial  and  superior  courts,  state  finance,  certain  pro- 
visions of  law  relative  to,  to  enforce        ....      157 

procedure  and  practice,  probate  and  land  courts,  final  decrees 

by,  directing  conveyance,  etc.,   of  real  estate,  effect  of, 

and  efTect  of  recording  or  registration  of  copies  of  such 

decrees       .  •     .    ■      .  •  •  •  1^1  ^>  ^ 

reach  and  apply  proceedings  with  respect  to  proceeds  of  motor 

vehicle  liability  policies,  certain  presumptions  in      .  .     439  1,  2 

Escapes  of  prisoners  (see  Penal  and  reformatory  institutions). 
Escheated  estates,  deceased  persons,  certain,  of,  payment  from  state 

treasury  of  balances  of         .  .  .  .        Resolve       39 

Essex,  South,  Sewerage  District,  provisions  of  law,  certain,  relating 
to  sewerage  system  of  town  of  Dan  vers  not  to  be  construed 

to  affect  _ 328  5A 

town  of  (see  Cities  and  towns). 
ESSEX   COUNTY: 

agricultural  school,  athletic  field  at,  being  constructed  as  a  federal 
works  progress  administration  project,  expenditures  by 
trustees  toward  completion  of        ....  . 

income  received  at,  disposition  of  ....  . 

appropriation  for  criminal  costs  in  superior  court  made  for,  in 
current  year,  county  treasurer  authorized  to  make  certain 
charge  against     ... 
appropriations  for  maintenance  of,  etc.    ..... 

cancer,  institution  for  care  and  treatment  of  persons  suffering 
from,  establishment  and  maintenance  in,  etc.,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve 

tax  levy        .  .  .... 

training  school,  land,  additional,  in  city  of  Lawrence  to  be  used 
for  purposes  of,  purchase  of  . 
ESTATES    OF   DECEASED   PERSONS: 

banks,  closed,  payment  of  dividends  from,  to  next  of  kin  of  cer- 
tain deceased  persons  .  .  .  .  .  .  .170 

defendants,  deceased,  in  personal  actions  the  cause  of  which  sur- 
Aaves,  citation  of   executors  and    administrators  of,  and 
time  of  bringing  certain  of  such  actions  against  executors 
and  administrators       .......     406  1-3 

escheated,   certain,   payment  from  state  treasury  of  balances 

of       .  .  ...  .  .  .        Resolve       39 

foreclosures  of  mortgages  which  hinder  proper  administration  of, 
temporary  injunctions  to  restrain,  issuance  by  probate 
courts  .........     257 

poor  persons  furnished  support  by  cities  and  towns,  liability  of 

their  estates  for  .  .  .  .  .  .  .  .125 

taxation  of  real  estate  of         .  .  .  .  .  .  .     114 

taxes,  income,  legacy  and  succession,  additional,  tempoi-ary,  im- 
position, etc.        ........     422  2-5 

transfers  of  certain,  taxation  of        .  .  .  .     _     .  .     420  1—4 

trustees  under  wills,  investment  of  funds  by,  in  certain  insurance 

policies  and  annuity  contracts,  permitted        .  .  .     312  2 

See  also  Executors  and  administrators. 
Estate  tax,  United  States,  imposed  by,  as  affecting  taxation  of  trans- 
fers of  certain  estates  .......     420  1-4 

Everett,  city  of  (see  Cities  and  towns). 

Evidence,  burden  of  proof,  in  motor  vehicle  accident  cases  with  re- 
spect to  absence  of  responsibility  of  defendant  for  conduct 
of  operator,  etc.,  of  vehicle  if  registered  in  name  of  de- 
fendant as  owner  .......     439  1,  2 


3 
41 

1.  2 

28 
320 

1,  2 

35 
320 

2 

69 

1,  2 

Index. 


793 


Evidence  —  Concluded. 

prima  facie,  deer,  unlawful  hunting  of      . 

firearms  the  serial  or  identification  numbers  of  which  have 
been  removed,  defaced,  altered,  obliterated  or  mutilated, 
unlawful  possession,  etc.,  of  ..... 

fishing  in  inland  waters  during  close  season  .... 

Nantucket,  fisheries  in  vicinity  of,  violations  of  laws,  regula- 
tions, etc.,  relating  to  ...... 

witnesses  from  outside  a  state,  attendance  in  criminal  proceed- 
ings, uniform  law  to  secure,  certain  certificates  under 
Exchange  teacher,  service  rendered  as,  in  certain  cases,  allowance 

of  credit  for,  under  teachers'  retirement  law  . 
Excise  tax  (see  Taxation,  excise  tax). 

Elxecutive  coun^cil,  salaries  and  expenses,  appropriations 

See  also  Governor  and  council. 

Executive  department,  appropriations         ..... 

See  also  Executive  council;   Governor;   Governor  and  council. 
EXECUTORS   AND   ADMINISTRATORS: 

defendants,  deceased,  of,  in  personal  actions  the  cause  of  which 
survives,  citation  of,  and  time  of  bringing  certain  of  such 
actions  against  executors  and  administrators  . 

foreclosures  of  mortgages,  temporary  injunctions  to  restrain  cer- 
tain, petitions  to  probate  courts  for,  by  .  .  . 

income  received  by,  taxation  of        .....  . 

judges  and  special  judges  of  probate  and  insolvency  as,  relative  to 

poor  persons  furnished  support  by  cities  and  towns,  of,  liability 
for  such  support  ....... 

Expenditures,  public,  investigation  and  study  of  general  subject 
of,  by  special  commission       ....     Resolves 

Explosives,  manufacture  by  industrial  homework,  prohibited  . 

Expressmen's  League,  The,  nomination  by,  of  candidates  for  ap- 
pointment to  special  commission  to  survey  and  study 
laws  relating  to  transportation  of  property  by  motor 
vehicle        .......        Resolve 

Extra-territorial  arrest  on  fresh  pursuit,  law  as  to,  made  uni- 
form, and  commonwealth  authorized  to  co-operate  with 
other  states  in  connection  therewith        .  .  .  . 

Eyeglasses,  lenses  or  eyeglass  frames,  sale  of,  advertising  in  con- 
nection with,  regulated  ...... 

needy  school  children,  for,  municipal  appropriations  for 


Chap. 

Item  or 
Section. 

324 

199 
123 

49 

4 

210 

1 

232 

1-4 

234 
,434 

(" 

,  99,  100, 
102 
100 

|234 
[434 

/ 
I 

95-107; 

Page  250 

98,  100 

406 


1-3 


257 

395 

1 

408 

3,4,  9 

125 

3,  12, 

41,  53, 

58 

429 

Subs.  144 

33 


208 


287 
185 


1,  2 
1.  2 


F. 

Facsimile  signatures,  governor,  of,  use  on  certain  bonds  and  notes 
of  commonwealth  ....... 

Fairhaven,  harbor,  improvement  of,  borrowing  of  money  by  town  of 
Fairhaven  for       ........ 

town  of  (see  Cities  and  towns). 

Fairs,  reclamation,  soil  survey  and,  division  of  (see  Agriculture, 
department  of). 

Fair  Trade  Law,  so  called  ....... 

Fall  River,  city  of  (see  Cities  and  towns). 

Faneuil  Hall  Market,    Boston,  in,   streets  within  limits  of,  etc., 
occupation  of,  for  sale  from  veliicles  of  produce,  etc. 

Farming  (see  Soil  Conservation  and  Domestic  Allotment  Act). 

Farm  laborers,  mininmm  wage  law  not  applicable  to     . 

Farm  pond.  Oak  Bluffs,  in,  fishing  in,  without  license,  permitted 

Farms,  dairy,  inspection  of  certain,  investigation  relative  to   Resolve 
See  also  Agricultural  seeds. 

Farm,  state  (see  State  farm). 

Fascist,  etc.,  organizations,  activities  of, 

to 

appropriation     ......... 

Federal  constitution  (see  Constitution,  United  States,  of). 

Federal  Deposit  Insurance  Corporation,  subrogation  of,  to  cer- 
tain rights  after  payment  of  insured  deposits  . 


investigation  relative 
Resolve 


252 
204 


398 


90 

401 

152 

68 


32 


1.  2 


1.  2 


1,  Subs.  2 
1.  2 


4.34  36h,  Page  584 


276 


794  Index. 


Item  or 
Chap.  Section. 

FEDERAL   EMERGENCY   LAWS: 

in  gfeneral,  Apremont  park  in  city  of  Westfield,  acquisition  and 
development  as  a  war  memorial  by  Hampden  county, 
granting  of  funds  for,  under  .....     389 

Boston,  city  of,  underpass  in  Commonwealth  avenue  at  or  near 
its  intersection  with  Massachusetts  avenue  in,  construc- 
tion of,  from  funds  granted  under,  etc.    ....     173  1-5 

Connecticut  river,   bridge  over,   between  Northampton  and 

Hadley,  reconstruction  of,  granting  of  funds  for,  under     .     337 
Connecticut  river  flood  control  projects  under,  construction 
by  city  of  Springfield  of  flood  control  works  in  conjunction 
with  ..........     119  1 

Cuttyhunk  harbor,  improvement  of,,  granting  of  funds  for, 

under  .......        Resolve       29 

East  Waushacum  pond  in  town  of  Sterling,  diversion  of  waters 
of,  by  metropolitan  district  commission,  grants  of  money 
for,  under  .........     225  1 

Edgartown  harbor,  improvement  of,  granting  of  funds  for, 

under  .......        Resolve       27 

emergency  unemployment  relief  projects  under,  borrowing  by 

cities,  towns  and  districts  on  account  of         .  .  .     107  1-3 

Fairhaven  harbor,  improvement  of,  by  town  of  Fairhaven  in 
co-operation  with  federal  government  under,  etc.,  bor- 
rowing of  money  by  said  town  for         ....     204  1,  2 

Gloucester  harbor,  fish  and  commercial  pier  in,  construction, 

etc.,  of,  grants  of  money  for,  under       ....       29  2 

Melrose,  city  of,  construction  of  certain  sewers  in  southeasterly 

section  of,  in  part  from  funds  granted  under   ...       58  1-7 

north  metropolitan  sewerage  district,  additional  sewers  in,  con- 
struction, etc.,  by  use  of  funds  granted  under  .  .  .     433  1-6 
references  to  National  Industrial  Recovery  Act,  etc.,  in  part  of 
certain  act  enabling  city  of  Boston  to  accept  and  use  for 
certain  subway  project  certain  federal  funds  to  be  held 
and  deemed  to  refer  also  to  certain  acts  and  joint  resolu- 
tions of  congress          .          .          .          .          .          .          .     159                     1,  2 

Suffolk  county,  additional  court  house  accommodations  in, 
temporary  borrowing  by  city  of  Boston  to  provide  funds 
to  meet  in  part  the  cost  of,  in  anticipation  of  receipt  of 
funds  granted  therefor  under  .....     181 

Town  river  in  city  of  Quincy,  improvement  of,  granting  of 

funds  for,  under  .......     419  1 

towns,  contributions  by,  to  unemployment  relief  projects  under, 

etc.    .  .  .  .  .  .  .  .  .  .4 

Works  Progress  Administration  under,  investigation  by  de- 
partment of  public  health  in  co-operation  with,  of  sani- 
tary condition  of  certain  rivers  .  .  .        Resolve       66 
appropriation       ........     445  36q 

federal  works  progress  administration,  Essex  county  agri- 
cultural school,  athletic  field  at,  being  constructed  as  a 
project  under,  expenditures  by  trustees  toward  comple- 
tion of 3  1,2 

National  Industrial  Recovery  Act,  Boston,  city  of,  securing 
by,  of  benefits  of,  for  carrying  out  certain  subway  proj- 
ect, extension  of  provisions  of  certain  enabling  act  rela- 
tive to         .  . 159  1,2 

See  also  Federal  housing  administrator. 
Federal  government  (see  United  States). 

Federal  grants,  public  works,  etc.,  for  (see  Federal  emergency  laws). 
Federal  housing  administrator,   loans  insured   by,   making  by 

banking  institutions  and  insurance  companies  .  .     240 

Federal  penal  institutions,  imprisonment  for  five  years  or  more  in, 

constituted  as  a  cause  for  divorce  .  .  .  .  .76  1,2 

Federal  reserve  bank  of  Boston,   unemployment  compensation 

fund,  deposit  in,  etc.    .......     421         1,  Subs.  41 

Federal  Security  Act  of  1933,  laws  of  commonwealth  relating  to 
promotion  and  sale  of  securities,  bringing  of,  into  harmony 
with,  consideration  by  special  commission     .        Resolve       37 
appropriation     .........     434  36j,  Page  584 

Federal  works  progress  administration,  investigation  by  depart- 
ment of  public  health  in  co-operation  with,  of  sanitary 
condition    of   certain    rivers    within    limits   of   common- 
wealth        .......        Resolve       66 

appropriation    .........     445  36q 


Index.  795 


385 
429 

5,  6 

Subs.  147 

260 

97 
234 

208 

345 
!    74 
1305 

377 

188 

Subs.  10 
1,  2 

Item  or 
Chap.  Section. 

FEES: 

alcoholic  beverages,  storing  and  warehousing  of,  permits  for       .     424  4 

dog  kennels,   licensed,   removal   to  other  municipalities  within 

same  county,  issuance  of  new  license     .  .  .  .95 

hairdressing,  practice  of,  registration  of  certain  persons  under 
law  regulating      ........ 

industrial  homework,  employers'  permits  for   .... 

insurance  brokers'  licenses,  exemption  of  widows  of  certain  war 
veterans  from  payment  of   . 

land,  taking  of,  for  non-payment  of  taxes,  I'ecording  of  instru- 
ments of     ........  . 

medical  examiner.s,  of,  appropriation         ..... 

proportional  representation  and  preferential  voting,  election  of 
city  and  town  officers  by,  systems  of,  inspection  of  ballots 
under  ......... 

scales  and  liquid  capacity  measures,  sealing  of  certain 

semi-trailer  units,  registration  of  certain  .... 

supplementary  proceedings  in  civil  actions,  entry  fee  for,  reduced 
Felonies,  arrest,  extra-territorial,  on  fresh  pursuit  in  case  of,  law  as 

to,  made  uniform,  etc.  ......     208  1,  2 

firearms  the  serial  or  identification  numbers  of  which  have  been 
removed,  defaced,  altered,  obliterated  or  mutilated,  pos- 
session, etc.,  of,  in  commission  of,  penalty        .  .  .      199 
See  also  Uniform  criminal  interstate  rendition  law. 
Felons,  permits  to  be  at  liberty,  granting  to            ....     399  2 

Females  (see  Women). 

Fernald,  Walter  E.,  state  .school,  appropriations  ....  /?i^f  ^"^~5?? 

\  434  524 

Fidelity  bonds  (see  Bonds). 
Fiduciaries,  income  received  by,  taxation  of  ....     395  1 

investment  of  funds  by  certain,  in  certain  insurance  policies  and 

annuity  contracts  .......     312  1,  2 

See  also  Executors  and  administrators. 
Finance,  cities,  towns  and  districts,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 
Finance,   administration  and,   commission  on   (see  Adminis- 
tration and  finance,  commission  on). 
Finance  board,  emergency  (see  Emergency  finance  board). 
Firearms,   deer,   adapted   to   hunting   of,  possession  of,  in  certain 
cases  to  be  prima  facie  evidence  of  unlawful  hunting  of 

deer 324 

serial  or  identification  numbers  of  which  have  been  removed, 
defaced,  altered,  obliterated  or  mutilated,  relative  to  cer- 
tain    199 

See  also  Weapons,  dangerous. 
FIRE   DEPARTMENTS. 

in  general,  pensions,  non-contributory,  for  firemen,  ultimate  aboli- 
tion of,  advancement  of  date  for   .....      102  8,  9 
retirement  of  certain  call  members  in  certain  towns          .           .     220 
Cambridge,  chief  of  department,  office  placed  under  civil  service 

laws 262  1,  2 

Marblehead,  reinstatement  of  Fredric  J.  Hinch  and  Ralph  C. 

Putnam,  Jr.,  in  permanent  force  .....     290  1,  2 

Milford,  call  men  in,  appointment  to  permanent  force  of  certain     .37  1,2 

Milton,  widows  of  members  of,  killed  or  dying  from  injuries  re- 
ceived in  performance  of  duty,  amount  of  certain  annual 
allowances  payable  to,  increased    .  .  .  .  .231  1,  2 

Plymouth,  chief  of  department,  office  placed  under  civ'il  service 

laws  ..........     244  1,  2 

Somerville,  reinstatement,  temporary,  of  J.  Edgar  Thompson  as 

member  of,  for  purposes  of  retirement  only      .  .  .     194  1,  2 

Fire  districts  (see  Districts). 
Fire  insurance  (.sec  Insurance). 

Fire  marshal,  state  (see  Public  safety,  department  of). 
Firemen  (see  Fire  flepartments). 

Firemen's  relief,  commissioners  on,  appropriations   .  2.34  213,  214 

Fire  prevention,  division  of  (see  Public  safety,  department  of). 
Fire  warden,  state  (.sec  Conservation,  department  of). 

Fireworks,  manufacture  bv  industrial  homework,  prohibited    .  .     429  Subs.  144 

FISH    AND    FISHERIES: 

inland  (see  Game  and  inland  fisheries,  fish  and  fishing). 


796  Index. 


Item  or 
Chap.  Section. 


PISH   AND   FISKERIES  —  Concluded. 

marine,  Barnstable  county,  taking  by  seines  of  bluefish,  striped 

bass  and  white  perch  off  shores  of,  regulated   .  .  .     349  1,  2 

coastal  wardens,   deputy,   paid   by  municipalities,   ofHces  of, 

gradual  abolition  of      ......  .     413  1,  3 

crabs,  edible,  taking  from  waters  within  jurisdiction  of  com- 
monwealth during  certain  months  of  year,  prohibited     .     121 
Gloucester  harbor,  fish  and  commercial  pier  in,  construction 

and  leasing  by  commonwealth        .  .  .  .  .29  1,  2 

lobsters,  theft  of,  while  in  storage,  penalized,  and  penalty  for 

certain  other  thefts  thereof  increased     ....     168 

Nantucket,  fisheries  in  vicinity  of,  further  protection  of  .  .49  1-7 

fisheries  of,  acquisition  of  certain  land  for  improvement  of   .       65  1-3 

seines,  taking  by,  of  bluefish,  striped  bass  and  white  perch  off 

shores  of  Barnstable  county,  regulated   ....     349  1,  2 

shellfish,  purification  plants,  cost  of,  and  expenses  of  main- 
tenance thereof,  proportionate  share  of,  imposition  upon 
private  corporations  organized  for  owning  and  maintain- 
ing for  profit  a  system  of  sewage  disposal  .  .  .     246 
theft  of  fish  or  lobsters  while  in  storage  penalized  and  penalty 

for  certain  other  thefts  thereof  increased        .  .  .     168 

trawls,  beam  or  otter,  use  in  taking  fish  from  Swan  Pond  river 
or  any  ponds  or  streams  connected  therewith  in  town  of 
Dennis,  prohibited        .......      182  1,  2 

Fish  and  game  wardens,  municipalities,  paid  by,  offices  of,  gradual 

aboUtion  of 413  1.  3 

title  of,  etc.,  changed  to  conservation  officers,  etc.      .  .  .     413  1,  2,  4 

Fisheries  and  game,  division  of  (see  Conservation,  department  of). 
Fitchburg  state  teachers  college  (see  State  teachers  colleges). 
Five-day  marriage  law,  so  called,  waiving  of  requirements  of,  by 
special    judges   of   probate   and   insolvency   and    special 

justices  of  district  courts,  when  holding  court         .  .11  1,  2 

FLOOD    CONTROL: 

Connecticut  River  valley,  in,  compact  relative  to,  between  com- 
monwealth and  states  of  Connecticut,  New  Hampshire  and 

Vermont,  approval,  ratification,  etc.      ....     402  1-4 

Connecticut  River  valley,  in,  compact  relative  to,  between  com-)  oqy  i   c 

monwealth  and  states  of  Connecticut,  New  Hampshire  i  ^., 
and  Vermont,  provision  for  compliance  by  commonwealth  (    . . «  ■. 

with,  and  for  further  study  relative  to  such  flood  control  J 

4-r  /    190b,  677a, 
appropriation 445  |        Page  611 

Merrimack  river  and  Little  river,  works  along,  for,  construction 

and  maintenance  by  city  of  Haverhill     ....     405  1-4 

Merrimack  River  valley,  in,  compact  relative  to,  between  com- 
monwealth and  state  of  New  Hampshire,  approval,  rati- 
fication, etc.         ........     403  1-4 

( 42^  1—8 

provision  for  compliance  by  commonwealth  with,  and  for  fur-  J  ^^o 

ther  study  relative  to  such  flood  control  .  .  .  .1  ^^g  2 


190a,  677a, 
Page  611 


appropriation  ........     445 

Flowers,  artificial,  sale  by  hawkers  and  pedlers    ....     130 
Food,  bread,  labelling  of,  wrapped  in  cellophane  or  similar  trans- 
parent wrappers  .......       53 

butter,  definition  of        .......  .     335  1 

cheese,  manufacture  and  sale  of       .....  .     335  1-4 

drugs  and,  inspection  in  department  of  public  health,  appropria- 
tions       234  612,  613 

fish  (see  Fish  and  fisheries). 

undernourished  school  children,  furnishing  by  school  committees 

to,  investigation  relative  to  .  .  .  .        Resolve       62 

See  also  Bakeries. 
Food  and  drug   administration.    United   States   department   of 
agriculture,  of,  definitions  and  standards  of  cheese  fixed 
and  promulgated  by,  applicability  to  manufacture  and  sale 

of  cheese  in  this  commonwealth      .....     335  2,  4 

Foreclosures  of  mortgages,  real  estate  acquired  by  savings  banks 
and  savings  departments  of  trust  companies  by,  etc., 
period  of  time  for  holding  thereof  and  exemption  from 
taxation  of  deposits  invested  in  such  real  estate  .  .     274  1,2 

which  hinder  proper  administration  of  estates  or  certain  trusts, 
temporary  injunctions  to  restrain,  issuance  by  probate 
courts         .,..,.,..     257 


Index.  797 

Item  or 
Chap.  Section. 

Foreign  corporations  (see  Corporations). 
Fore  river  (see  Weymouth  Fore  river). 

bridge,  so  called,  land,  certain,  near,  conveyance  by  state  de- 
partment of  public  works  to  The  Edison  Electric  Illumi- 
nating Company  of  Boston,  etc.    .  .  .  .  .431 

Forester,  state  (see  Conservation,  department  of). 
Forest  fires  (see  Forests  and  forestry). 

Forest  Hills  section  of  city  of  Boston,  highway  improvements  at 
junction   of   Arborway   and    Washington   street   in,    pro- 
posed, investigation  relative  to      .  .  .        Resolve       24 
Forestry,  division  of  (see  Conservation,  department  of). 
FORESTS   AND   FORESTRY: 

fire  patrol,  appropriations        .......     234  278,  278a 

fires,  forest,  oxtmguishment  of,  expenses,  etc.,  state  aid  to  towns  1  034  /        ^73,  277; 
for,  appropriations        .  .  .  .  ■  /         I        Page  251 

state  forests,  development  of,  appropriations    .  .  .  .  I  ^'oa  97r 

hunting  in 89  1,2 

Mount  Holyoke  in  towns  of  Hadley  and  South  Hadley,  tract  of 
land  on,  acquisition  for  state  forest  purposes,  investigation 
relative  to  ......        Resolve       44 

Foxborough,  state  hospital,  appropriations  .... 


/ 234  479-481 

1 434  479 


137 

1-3 

320 

1.  2 

67 

1,  2 

350 
320 

1.  2 
2 

town  of  (see  Cities  and  towns). 
Framingham,  state  teachers  college  (see  State  teachers  colleges). 

town  of  (see  Cities  and  towns). 
Francis,  Mary  E.,  fund,  so  called,  transfer  by  Associated  Charities 

of  Pittsfield 

FRANKLIN   COUNTY: 

appropriations  for  maintenance  of,  etc.      ..... 

"old  court  house  property",  so  called,  in  Greenfield,  sale  and 

taxation  of  .       _  . 

supreme  judicial  court,  equity,  sitting  in,  decree  of,  authorizing 
transfer  of  certain  funds  to  Conway  Cemetery  Associa- 
tion, extension  of  time  for  entry  of  ...  . 

tax  levy        .  .     _     _. 

Fraternal    benefit    societies,    beneficiaries    under    death    benefit 

certificates,  designation  by  members  of  .  .  .  .79 

See  also  New  Bedford  Police  Association;    Society  of  St.  Mary 
of  the  Peace. 
Fraudulent  checks,  drafts  and  orders,  making,  drawing,  uttering 

and  delivery  of    .  .  .  .  .  .  .  .99 

Free  employment  offices  (.see  Employment  offices,  public,  free). 

Freight,  carriers  of  (see  Carriers). 

French  river,  sanitary  condition  of,  investigation  relative  to   Resolve      66 

appropriation    .........     445  36q 

Fresh  pursuit,  extra-territorial  arrest  on,  law  as  to,  made  uniform, 
and  commonwealth  authorized  to  co-operate  with  other 
states  in  connection  therewith      .....     208  1,  2 

Frost  bite,  payment  of  workmen's  compensation  in  certain  caises  of  .     370  1 

Fuel  oil,  dealers  in  certain,  exemption  of  certain,  from  provisions  of 

law  relating  to  hawkers  and  pedlers        ....     333 

Fugitives  from  justice  (see  Interstate  rendition). 

Funeral  directing,  embalming  and,  board  of  registration  in 

(see  Civil  ser^■ice  and  registration,  department  of). 
Funeral  directors  and  embalmers,  registration  of,  certain  per- 
fecting changes  in  laws  relative  to  ....        13 

Funerals,  wives  or  widows  of  certain  veterans,  of,  at  public  expense     273  2 

Furniture,  household,  conditional  sale  of,  contracts  of  .  .  .315 

tax  exemption    .........      132 

upholstered,  articles  of,  filled  with  garnetted  clippings,  so  called, 

manufacture  and  sale  of        .  .  .  .  .  .176 


G. 

Gambling  (see  Horse  racing  meetings  conducted  under  pari-mutuel 
system  of  wagering). 

GAME   AND   INLAND   FISHERIES: 

in  general,  amount  received  from  license  and  other  fees  and  fines 
under  laws  relating  to,  and  amount  neces.sary  for  enforce- 
ment of  said  laws,  as  affecting  amount  of  appropriations 
for  use  of  division  of  fisheries  and  game  ....     426  1,  2 


798  Index. 


Item  or 
Chap.  Section. 


191 
413 

1,  2 
1.  2.4 

413 
413 

1,  3 
1.  2,  4 

18 
372 

1,  2 
1.  2 

229 
89 

1,  2 

324 

243 

1.  2 

372 

1,  2 

89 

1.2 

316 

324 

234 

293 

172 

316 

GAME    AND    INLAND    FISHERIES  —  Concluded. 
in  general  —  Concluded. 

complimentary  certificates,  issuance  to  certain  officials  of  cer- 
tain other  states  entitling  them  to  hunt  and  fish  in  this 
commonwealth    ........ 

conservation  officers,   title  of  fish  and  game  wardens,   etc., 
changed  to,  etc.  .  .  .  •..-..• 

fish  and   game  wardens,   paid  by  municipalities,   offices  of, 
gradual  abolition  of      .  .  . 

title  of,  etc.,  changed  to  conservation  officers,  etc. 
birds  and  mammals : 
in  general: 

Barnstable  county,  towns  in,  appropriations  by,  for  liberat- 
ing game  in  such  towns         .  .  .  .  . 

hunting,  Province  lands  at  Provincetown,  on,  relative  to 
protected,  certain,  dead  or  living  bodies  of,  dealing  in  or 

trading  with  respect  to,  further  penalized  _     . 
pubHc  lands,  certain,  hunting  within  boundaries  of 
birds: 

quail,  hunting  in  Nantucket  county  .  .  .  .  .167 

mammals: 

deer,  damages  caused  by,  payment  of,  appropriation  .  .     234  293 

hunting  of,  violation  of  law  regulating,  prima  facie  evi- 
dence of,  etc.   ........ 

open  season  on,  Norfolk  county,  in,  aboUshed 

province  lands  at  Provincetown,  hunting  on,  of,  relative 

to 

state  reservations,  hunting  in         .  .  . 

hares  and  rabbits,  close  season  on,  in  certain  counties,  ex- 
tended        ......... 

hunting  of,  use  of  snares  or  artificial  light  in,  penalty   . 
moose,  damages  caused  by,  payment  of,  appropriation 

rabbits,  hunting  or  possession  of,  in  Nantucket  county 

fish  and  fishing : 

Barnstable  county,  towns  in,  appropriations  by,  for  stocking 

inland  waters  in  such  towns  with  fish      .  .  .  .18  1,2 

close  season  for  fish  with  respect  to  which  no  close  season  is 

otherwise  established  by  law,  established  .  .  .123 

Dukes  County,  fishing  without  license  in  certain  ponds  in, 

permitted   .  .  .  .  .     _      .  .  .  .     152  1,  2 

trout,  taking  from  great  ponds  stocked  with  trout,  restricted  .     269 
taking  from  Miller's  river  and  its  diverted  waters        .  .116 

Game,  fisheries  and,  division  of  (see  Conservation,  department 

of). 
Game  wardens  (see  Fish  and  game  wardens). 

Garages,  accessories  of,  tax  exemption  .....     132 

Garbage,  removal,  transportation  and  removal  further  regulated        .     282 
Gardens  (see  Agricultural  seeds). 

Gardner,   Isabella  Stewart,   Museum,  Incorporated,  real  and  per- 
sonal estate,  additional,  holding  by         ...  .     126 
^  ^    ,         .,    ,                   ...  (234  482-485 
state  hospital,  appropriations           ......  )  434  432  •  Page  587 

Garnetted  clippings,  so  called,  articles  of  upholstered  furniture 

filled  with,  manufacture  and  sale  of        .  .  .  .     176 

Gas,  merchandise,  equipment,  etc.,  incidental  or  auxiliary  to  use  of, 
sale,  installation  and  servicing  of,  by  municipalities  main- 
taining municipal  lighting  plants  .  .  .  .  .     235  1,  2 

meters  for  measuring,   periodic    replacement  of,   by    municipal 

lighting  plants,  required         ......       40  1-3 

GAS   AND   ELECTRIC    COMPANIES: 

in  general,  taxation  of  (see  Taxation,  corporations,  of,  corporate 

franchises). 
See  also  Boston  Consolidated  Gas  Company;  Dedham  and  Hyde 
Park  Gas  and  Electric  Light  Company;  Edison  Electric 
Illuminating  Company  of  Boston,  The;  Edison  Electric 
Illuminating  Company  of  Brockton,  The;  Municipal 
lighting  plants. 
Gasoline  tax,  portion  of  proceeds  of,  transfer  from  Highwaj'  Fund 

to  General  Fund _         .      .    .     443 

reports  and  payments  in  connection  with,  investigation  relative 

to       .......  .        Resolve       58 

Gay  Head,  town  of  (see  Cities  and  towns). 


Index.  799 

Item  or 
Chap.  Section. 

General  Clarence  R.  Edwards  bridge,  Lynn,  Revere  and  Saugus 
relieved  of  obligation  of  paying  compensation  of  draw 
tenders  employed  at,  and  municipalities  of  metropolitan 
parks  district  relieved  of  obligation  of  paying  cost  of  main- 
tenance of  said  bridge  .......     380 

GENERAL   COURT: 

in  general,  acts  and  resolves,  number  passed  by      .  .  .  Page  656 

appropriations  by  (see  Appropriations;  State  finance), 
biennial  sessions  of,  initiative  amendment  to  constitution  pro- 
viding for  .  .  .  .  .  .  .  .  .  Pages  654, 655 

Boston  Elevated  Railway  Company,  bonds  of,  purchased  by 
Boston  metropolitan  district  not  to  be  disposed  of  without 
authority  of         .  .  .  .  .  .  .  .     357  2 

bulletins  of  committee  hearings,  appropriation       .  .  .     234  25 

chaplains,  appropriation      .......     234  17 

clerks,  petitions,  certain,  for  legislation  affecting  certain  corpo- 
rations, powers  and  duties  as  to  .  .  .  .     364  2,  3 

salaries  of,  established  and  relative  to  clerical  assistance  for     360  1-5 

assistant,  salaries  of,  established        .....     360  2,  3,  5 

See  also,  infra,  house  of  representatives;  senate. 

[234/  20-22a. 

committees,  expenses,  appropriations   .  .  .  .  .  {  \  27, 30 

\ 434  22b, 22c 

See  also,  infra,  judiciary,  committee  on  the. 

t 094  32 

contingent  expenses,  appropriations      .  .  .  .  .  <  "T^  00 

corporations,  legislation  affecting  certain,  petitions  for,  to       .     364  1-3 

f 9^4     IS   IQ   2S   31 
counsel  to,  appropriations  .  .  .  .  .  .  .  j  "^^        '      10     19 

special  laws,  indexing  of,  appropriation      ....     234  36 

doorkeepers  and  assistant  doorkeepers,  appropriations    .  .     234  11-13 

uniforms  for,  purchase  of  .....  .     189 

r234  11,13 

general  court  officers,  appropriations    .  .  .  .  .  \  304  11,  13 

1432  11 

uniforms  for,  purchase  of  .....  .     189 

hearings,  bulletins  of,  appropriation      .....     234  25 

daily  list  of,  appropriation         .  .  .  .  .  .     234  25 

interstate  compacts  for  supervision  of  probationers  and  pa- 
rolees, approval  and  ratification  by         ...  .     307  1 

interstate   co-operation,   commission  on,   certain   senate  and 
house  members  as  members  of,  aimual  reports  to  general 
court,  etc.  .........     404  1 

Interstate  Legislative  Assembly,  attendance  upon  sessions  of, 
by  delegates  representing,  expenses  of         .        Resolve 
appropriation       .  .  .  . 

judiciary,  committee  on  the,  investigation  and  study  by,  relative 
to  the  district  court  system  of  commonwealth    Resolve 
appropriation  .  .  .  .  . 

relative  to  trial  of  civil  actions  in  district  courts  by  juries 
of  six       .  .  .  .  .  .  .       Resolve 

labor  relations  commission,  state,  reports  by,  to     . 
legislative  document  room,  clerks,  appropriation    . 
manual  of,  printing  of,  appropriation    ..... 

Massachusetts  state  college,  carrying  out  by,  of  provisions  of 
act  of  congress  known  as  Soil  Conservation  and  Domestic 
Allotment  Act,  annual  report  as  to,  rendering  to 

members,  compensation  of,  appropriations    .... 

relative  to  payment  of  ...... 

distribution  to  certain,  of  Tercentenary  Edition  of  General 
Laws  .  .  .  .  .  .        Resolve       16 

interstate  co-operation,  commission   on,  nine  members  of, 
to  be 404 

portraits,  etc.,  of,  books  containing,  purchase  of,  appropria- 
tion  ......... 

pages,  appropriations  ...... 

uniforms  for,  purchase  of  ....  . 

petitions  to,  corporations,  legislation  affecting  certain,  for 

water  supply,  drainage  or  sewerage  systems,  for,  to  be  ac- 
companied by  copy  of  approval  of  department  of  public 

health 340 

planning  board,  state,  reports  by,  as  to  flood  control,  making  /  397 
to \423 


36 
434 

36k,  Page  584 

55 
445 

36m 

56 
436 
234 
234 

3 

15 

24 

374 
/234 
1434 

236 

6 
1-4 

1 
1.  2 

234 

34 

234 

11,  13 

189 

364 

1-3 

800  Index. 


Item  or 

Chap. 

Section. 

21 

2 

234 

12 

234 

23;  Page  250 

Page  657 

25 

434 

36g,  Page  584 

/234 
\434 

9-16,  32,  35 

10,32 

189 

234 

26,29 

234 

33 

234 

2,4,  11,22 

421 

1,  Subs.  11 

189 

234 

35 

GENERAL   COURT  —  Concluded. 
in  general  —  Concluded. 

polls  assessed,  number  of,  reports  as  to,  by  state  secretary  to, 
discontinued         ........ 

postmaster,  appropriation  ....... 

printing,  binding  and  paper,  appropriations 
prorogation  of,  statement  as  to    . 

rules  and  regulations  of  state  departments,  commissions,  etc.,  re- 
quiring approval  of,  by,  investigation  relative  to  Resolve 
appropriation      ........ 

sergeant-at-arms,  salary,  clerical  assistance,  etc.,  appropria- 
tions ......... 

unifoims  for,  and  certain  of  his  appointees,  purchase  of 
stationery,  appropriations  ....... 

telephone  service,  appropriation  ..... 

traveling  expenses,  appropriations         ..... 

unemployment  compensation  commission,  reports  by,  to 
uniforms  for  sergeant-at-arms,   doorkeepers,   assistant  door- 
keepers, general  court  officers  and  pages  of,  purchase  of 
witness  fees,  appropriation  ...... 

house  of  representatives,  Boyer,  Albert  O.,  former  member  of 
present,  widow  of,  payment  by  commonwealth  of  com- 
pensation to         .....  .        Resolve         8 

clerk  of,  clerical  assistance,  appropriation      ....     234  7 

employment  by         ......  .     360  2, 5 

salary  of ,  appropriations (234      ^   p^^^  gg| 

established .     360  1, 3, 5 

assistant,  salary  of,  appropriations    .  .  .  .  .  i  ^„f       „  „        _„„ 

\  434       6,  Page  583 

established 360  2, 5 

representative  districts,  formation  of,  use  of  precincts  in  cer- 
tain towns  in       .......  .     267  1,  2 

speaker  of,  commission  on  interstate  co-operation,  six  mem- 
bers of,  from  house  of  representatives,  designation  by 
senate,  clerk  of,  clerical  assistance,  appropriation     . 

employment  by         ......  . 

salary  of,  appropriations       ...... 

established       ........ 

assistant,  salary  of,  appropriations    ..... 

established       ........ 

president   of,    commission   on   interstate   co-operation,    three 
members  of,  from  senate,  designation  by  .  .  . 

General  court  officers  (see  General  court). 
General  Fund,  transfer  to,  of  portion  of  proceeds  of  gasoline  tax 
General  Laws,  changes  in,  table  of       .....  . 

Tercentenary  Edition,  distribution  to  certain  members  of  present 

general  court        ......        Resolve       16 

Gerry's  Landing,  Charles  river,  on,  in  city  of  Cambridge,  building 
for  bath  house  and  recreational  purposes  at  laeach  at, 
investigation  relative  to       .  .  .  .        Resolve       54 

Girls,  industrial  school  for,  appropriations     .  .  .  .  .  j  ^^4  585, 586 

parole  of,  department  of  public  welfare,  appropriations       .  .  I  ~^^  •  foT 

Glasses  (see  Ej'eglasses) . 

Glass,  insurance,  coverage  of  policies  of       .  .  .  .  .261 

Gleason,  Richard  D.,  widow  of,  payment  of  sum  of  money  to,  by 

city  of  Boston 198  1,  2 

Gloucester,  city  of  (see  Cities  and  towns). 

harbor,  fish  and  commercial  pier  in,  construction  and  leasing  by 

commonwealth    .  .  .  .  .  .  .  .29  1,  2 

Gonorrhea,  persons  suffering  from,  treatment  of,  responsibility  for, 

transferred  to  commonwealth        .  .  .  .  .391 

appropriation     .........     445  605a,  Page  610 

Gosnold,  town  of  (see  Cities  and  towns). 

Government,  American  form  of,  movements  subversive  to,  organi- 
zations promoting,  furthering  or  participating  in,  activi- 
ties of,  investigation  relative  to     .  .  .        Resolve       32 
appropriation    .........     434  36h,  Page  584 


404 

1 

234 

8 

360 

2,5 

234 

5 

434 

5,  Page  583 

360 

1,3-5 

234 

6 

434 

6,  Page  583 

360 

2,5 

404 

1 

443 

Pages  661-734 

Index.  801 

Item  or 
Chap.  Section. 

GOVERNOR: 

[234  1-8 

in  general,  budget  of,  appropriation  acts  based  on  .  .         .  {  434  1-5 

1 445  1-3 

See  also  Appropriations. 

[  384  1,  2 

emergency  laws,  certain  acts  declared  to  be,  by     .  .         .  \  399  1-6 

i  400  1-7 

Massachusetts  state  college,  carrying  out  by,  of  provisions  of 
act  of  congress  known  as  Soil  Survey  and  Domestic  Allot- 
ment Act,  annual  report  as  to,  rendering  to     .  .  .     374  6 

officers,  boards  and  commissions  appointed  by,  and  having 
supervision  and  control  of  municipal  departments,  etc., 

appointment  and  removal  of  confidential  secretaries  by     .     414  2 

f  95, 101,  102, 

salary  and  expenses,  appropriations      .....     234  {         105,  106; 

[        Page  250 

signatures,  facsimile,  of,  use  on  certain  bonds  and  notes  of 

commonwealth    ........     252 

vetoes  by  .........  Pages  656,  657 

appointments  by,  airports  and  aviation,  special  commission  to 

investigate  relative  to,  two  members  of  .  .        Resolve       59 

appellate  tax  board,  members  of  .....     400  3,  7 

Boston  Consolidated  Gas  Company,  lease  by  city  of  Boston  to, 
of  certain  property  of  Dedham  and  Hyde  Park  Gas  and 
Electric  Light  Company,  board  to  make  inventory,  etc., 
in  connection  w4th,  third  member  of,  if,  etc.      .  .  .     292  5 

Boston  Port  Authority,  functions  and  problems  of,  and  other 
related  matters,  special  commission  to  make  a  study  rela- 
tive to,  three  members  of     .  .  .  .        Resolve       57 

chiropody  (podiatry),  board  of  registration  in,  members  of        .     425  1,  14,  15 

Communistic,  Fascist,  Nazi  and  other  subversive  organiza- 
tions, so  called,  activities  of,  special  commission  to  investi- 
gate relative  to,  three  members  of  .  .        Resolve       32 

Connecticut  River  Valley  Flood  Control  Commission,  three 

members  of  .......  .     402  3 

East  Boston,  rapid  transit  facilities  in,  extension  of,  special 
commission  to  investigate  relative  to,  two  members 
of       .......  .        Resolve       73 

educational  matters,  certain,  special  commission  to  investigate 

relative  to,  three  members  of  .  .  .      Resolve       38 

interstate  co-operation,  commission  on,  certain  members  of     .     404  1 

labor  matters,  certain,  special  commission  to  investigate  rela- 
tive to,  three  members  of     .  .  .  .        Resolve       70 

labor  relations  commission,  members  of  ...  .     436  3 

Massachusetts  development  and  industrial  commission,  five 

members  of  .......  .     427 

mentally  diseased,  whole  matter  of,  in  their  relation  to  com- 
monwealth, etc.,  special  commission  to  investigate  rela- 
tive to,  members  of     .  .  .  .  .        Resolve         7 

Merrimack  River  Valley  Flood  Control   Commission,   three 

members  of  .......  .     403  3 

milk  and  milk  products,  laws  relating  to,  special  commission  to 

investigate  and  study,  three  members  of  .        Resolve       68 

parole  board,  members  of    .  .  .  .  .  .  .     399  1,  5 

rules  and  regulations  of  state  departments,  commis.sions,  etc., 
requiring  approval  of,  by  general  court,  special  commis- 
sion to  investigate  relative  to,  two  members  of       Resolve       25 

taxation  and  public  expenditures,  problems  of,  special  commis- 
sion to  make  an  investigation  and  study  relative  to,  three 
members  of  .....  .        Resolve         3 

transportation  of  property  by  motor  vehicle,  laws  relating  to, 
special  commission  to  survey  and  study,  five  members 
of       .......  .        Resolve       33 

voters,  registration  of,  special  commission  to  investigate  rela- 
tive to,  one  member  of         ...  .        Resolve       67 

World's  Fair  to  be  held  in  New  York  city  in  year  1939,  partici- 
pation by  commonwealth  in,  special  commission  to  investi- 
gate relative  to,  three  members  of         .  .        Resolve       17 

powers  and  duties,  Connecticut  river  valley,  flood  control  in,     ^^^  2*  o 

compact  relative  to,  between  commonwealth  and  states  i  r^^  ' 

of  Connecticut,  New  Hampshire  and  Vermont,  as  to       .     t^i  . 


802 


Index. 


GOVERNOR  —  Concluded. 

powers  and  duties  —  Concluded. 

hunting  and  fishing  certificates,  special  complimentary,  issu- 
ance to  certain  officials  of  certain  other  states,  approval 
by      .         .         .         .     . 

interstate  co-operation,  commission  on,  as  to 

interstate  rendition,  criminal,  uniform  law,  under  . 

interstate  supervision  of  probationers  and  parolees,  compacts 
for,  as  to    .  .  . 

labor  relations  commission,  as  to  . 

Mann,  Horace,  distinguished  public  service  of,  observances 
during  current  year  in  commemoration  of,  proclamation 
relative  to,  by     .  .  .  .  .  .        Resolve 

Merrimack  river  valley,  flood  control  in,  compact  relative  to, 
between  commonwealth  and  state  of  New  Hampshire,  as 
to 

north  metropolitan  sewerage  district,  additional  sewers  in,  con- 
struction, etc.,  of,  as  to 
Quabbin  Park  cemetery  in  town  of  Ware,  certain  trust  funds 
for  perpetual   care  of  lots  in,   disposition  of,   approval 
by      .......  .       Resolve 

tent  caterpillars,  suppression  of ,  as  to   . 
See  al.'so  Governor  and  council;    Militia,  commander-in-chief. 
GOVERNOR   AND    COUNCIL: 

in  general,  salaries  and  expenses,  appropriations 

powers  and  duties,  appellate  tax  board,  as  to 

East  Boston,  certain  state  lands  in,  leases  of,  to  city  of  Boston 
for  airport  and  seaplane  purposes,  extension  of  certain, 
as  to  .......        Resolve 

Edison  Electric  Illuminating  Company  of  Boston,  The,  con- 
veyance to,  by  department  of  public  works  of  certain  land 
near  Fore  River  bridge,  so  called,  approval  by 
Massachusetts  development  and  industrial  commission,  as  to  . 
state  highway  construction,  certain,  approval  by  .  _ 
taxation  and  public  expenditures,  special  commission  on,  re- 
ports, etc.,  by,  to  .  .  .  .  .        Resolve 

unemployment  compensation  law,   bonds  of  state  treasurer 
under,  amount  of,  approval  by      . 
Sfee  also  Executive  department. 
Governor's  council  (see  Governor  and  council). 
Governors  of  other  states,  flood  control  compacts,  interstate,  cer- 
tain, approval  and  ratification  of,  notice  to  certain  . 
probation  or  parole,  interstate  supervision  of  persons  on,  com- 
pacts for,  powers  and  duties  under         .  .      _     . 
rendition,  interstate,  uniform  law  as  to,  powers  and  duties  under 
warrants  for,  under  uniform  law  as  to  extra-territorial  arrest  on 
fresh  pursuit        ........ 

Grade  crossings,  lists  of,  which  should  be  abolished,  filing  vdth  de- 
partment of  public  utihties  by  department  of  public  works 

Grafton  state  hospital,  appropriations        ..... 

Grand  Army  of  the  Republic,  Department  of  Massachusetts,  ex- 
penses of,  state  aid  in  defraying     .  .  .        Resolve 
appropriation           ........ 

Highway,  designation  of  certain  highway  as       .       _    . 

Grand  jury  investigations,  etc.,  witnesses  from  without  a  state, 
attendance  in,  law  securing,  made  uniform 

Grantees,  conditional  sales  of  certain  personal  property  used  in  con- 
nection with  real  estate,  validity  as  against     . 

Gratuities,  hat^check  and  cigarette  girls  and  the  like,  given  to,  bene- 
ficiaries of,  misleading  of  patrons  of  certain  places  as  to, 
prevention  of       .......  • 

Gravel  island,  fisheries  in  coastal  waters  adjacent  to,  etc.,  further 
protection  of        .......  • 

Graves  (see  Cemeteries). 

Gray-Draper  Company,  partnership  formerly  doing  business  as, 
refunding  to  assignee  of  assets  of,  of  a  part  of  a  certain 
liquor  license  fee         ....  •        Resolve 

Great  Harrington,  town  of  (see  Cities  and  towns). 


Chap. 


Item  or 
Section. 


191 

2 

404 

1 

304 

1.3 

307 

1 

436 

3,  11 

4 

403 

2.3 

423 

4.  6 

442 

446 

2 

433 

2,3,8 

446 

3 

52 

415 

3,  6A 

f  95-97,  99- 

234  ^ 

102,105,106; 

[        Page  250 

434 

100 

400 

4,5 

72 


431 

427 
218 

2 

3 

421  1, 

Subs.  39.  42 

(402 
1403 

2 

2 

307 
304 

1 
1-3 

208 

1 

270 
/234 
\434 

48&-490 
486 

6 
434  163a,  Page  583 
19         1.  2 

210 
/112 
\245 

1.  2 
1.  2 

342 

1.2 

49 

1-7 

15 


Index.  803 

Item  or 
Chap.  Section. 

Great  Neck,   Ipswich,  town  of,  in,  land  at,  owned  by  said  town, 

board  of  trustees  to  manage,  establishment  of         .  .16  1-3 

Great  ponds,  trout,  stocked  with,  taking  of  trout  from,  restricted     .     2G9 
Greenfield,  town  of  (see  Cities  and  towns). 
Green  harbor,  Marshfield,  in,  dredging  of  portion  of,  investigation 

relative  to  ......        Resolve       69 

appropriation 44.5  36t,  Page  610 

Greylock,  Mount,  war  memorial,  maintenance  of,  appropriation      234  169 

Groveland,  town  of  (see  Cities  and  towns). 

Guardians  ad  litem,   land  court,  appointed  by,  on  petitions  for 

registration  of  title  to  land,  payment  of  compensation  of  .      118 
Guardians  and  conservators,  in  general,  cost  of  appointment,  ex- 
penses, etc.,  payment  by  insurers  under  workmen's  com- 
pensation law       .  .  .  .  .  .  .        _  .     317 

foreclosures  of  mortgages,  temporary  injunctions  to  restrain 

certain,  petitions  to  probate  courts  for,  by      .           .           .     257 
judges  and  special  judges  of  probate  and  insolvency  as,  rela- 
tive to         .  .  . 408  3,  4,  9 

guardians,  income  received  by,  taxation  of        .  .  .  .     395  1 

infants  prematurely  born,  certain,  of,  care  of  such  infants, 

duties  as  to  .  .  .  .  .  .        _  .  .     332 

investment  of  funds   by,   in   certain   insurance   policies  and 

annuity  contracts,  permitted  .....     312  1 

Guns  (see  Firearms,  Weapons,  dangerous). 

H. 

Habeas  corpus,  writs  of,  under  uniform  criminal  interstate  rendition  1  ^q^    f  1,  Subs.  19, 
law    ........../  \  20J 

Hadley,  town  of  (see  Cities  and  towns). 

Hairdressers,  board  of  registration  of  (see  Civil  service  and  registra- 
tion, department  of). 
See  also  Barbers. 
Hairdressing,  occupation  of,  further  regulated       ....     385  1-10 

Halibut  Point,  so  called,   Rockport,  town  of,  in,  acquisition  by 
commonwealth  for  public  reservation  purposes,  investi- 
gation relative  to  ....  .        Resolve       44 

HAMPDEN    COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     320  1,  2 

Apremont  park  in  city  of  Westfield,  acquisition  and  development 

as  a  war  memorial,  etc.,  by  .  .  .  .  .  .     389 

appropriation  .  .  .  .  ...  .     445  217a,  Page  6 10 

metropolitan  water  supply  system,  establishment  within  bounda- 
ries of,  certain  litigation  arising  out  of,  reimbursement  of 
county  for  expense  to  it  of    .  .  .  .  .  .     348  1-3 

tax  lew 320  2 

HAMPSHIRE    COUNTY: 

appropriations  for  maintenance  of,  etc.     .....     320  1,  2 

bridge,  certain,  over  Connecticut   river    between    Northampton 
and  Hadley,  purchase  by,  and  land  takings  and  borrow- 
ings of  money  by  said  county  in  connection  with  construc- 
tion of  new  bridge  in  vicinity  thereof      ....      155  1-4 

district  court  of  eastern  Hampshire,  salaries  of  justice  and  clerk 

of,  established     .  .  .  .  ...  .     378  1,  2 

metropolitan  water  supply  system,  establishment  within  bounda- 
ries of,  certain  litigation  arising  out  of,  reimbursement  of 
county  for  expense  to  it  of   .  .  .  .     347  1-4 

tax  levy 320  2 

Hanover,  town  of  (see  Cities  and  towns). 
Hanson,  town  of  (see  Cities  and  towns). 

Harbor  lines.  New  Bedford  harbor,  in,  relocation  of  certain  .127  1,2 

Weymouth  Fore  river,  in,  in  Quincy  and  Braintree,  re-established     120  1-3 

Harbors  (see  Waters  and  waterways). 

Hardy  pond,  Lakeview  section  of  city  of  Waltham,  in,  pollution  of, 
investigation  relative  to,  by  state  department  of  public 
health  in  co-operation  with  said  city  and  with  town  of 
Lexington  .......        Resolve       28 

Hares,  close  season  on,  in  certain  counties,  extended        .  .  .     316 

Harrison,  Agnes  L.,  Boston,  of,  payment  by  commonwealth  of  sum 

of  money  to  .....  .        Resolve       49 

Harvard,  town  of  (see  Cities  and  towns). 
Harwich,  town  of  (see  Citiea  aad  towns) . 


804  Index. 

Item  or 
Chap.  Section. 

Hat-check  and  cigarette  girls,  so  called,  tips  given  to,  beneficiaries 
of,  misleading  of  patrons  of  certain  places  as  to,  prevention 

of 342  1,  2 

Haverhill,  city  of  (see  Cities  and  towns). 

Hawkers  and  pedlers,  flowers,  artificial,  sale  by   .  .  .  .     130 

fuel  oil,  certain  dealers  in  certain,  exempted  from  provisions  of 

law  relating  to     .......  .     333 

milk  dealers,  licensed,  sale  by  certain,  of  milk,  cream  and  certain 

milk  products  without  being  licensed  as         .  .  .     214 

HEALTH,    LOCAL   BOARDS   OF: 

alcohol,  methyl  or  wood,  so  called,  and  certain  preparations  con- 
taining such  alcohol,  term  of  licenses  for  dealing  in,  issued 

by      .  . 177  ] 

drainage,  house,  regulations  as  to,  by       .  .  .  .  .     339 

frozen  desserts  and  ice  cream  mix,  manufacture  and  sale  of, 

powers  and  duties  as  to         .  .  .  .  .  .     341  1 

gonorrhea  or  syphilis,  persons  suffering  from,  treatment  of,  co- 
operation with  commonwealth  in,  by      .  .  .  .     391 

appropriation  ........     445  605a,  Page  610 

infants  prematurely  born,  care  of  certain,  powers  and  duties  as 

to 332 

information,   certain,  for,  publication  by  state  department  of 

public  health        ........     365 

lungs,  diseases  of,  other  than  recognizable  tuberculosis,  certain 
patients  with,  admission  to  state  sanatoria  and  county 
tuberculosis  hospitals  for  purposes  of  diagnosis  and  obser- 
vation, certain  powers  as  to  .  .  .  .  .     392 

nuisances,  decisions  with  respect  to,  by,  appeals  from         .  .     278 

rabies,  treatment  against,  powers  and  duties  as  to     .  .  .     375 

sewers,  common,  connection  with,  regulations  as  to,  by      .  .     339 

Health,  public,  department  of  (see  Public  health,  department  of). 

regulations,  boards  of  health,  adopted  by,  violations  of       .  .     285 

Hearing,  children  hard  of,  instruction  in  lip  reading  for,  investigation 

relative  to  ......        Resolve       38 

appropriation     .........     434    361,  Page  584 

Hearings,  legislative,  appropriations  ......     234  25 

Heating  apparatus,  conditional  sales  of        ....  .     245  1,  2 

Hemenway's  pond,  Milton,  town  of,  in,  dredging,  etc.,  of,   investi- 
gation relative  to  ....  .        Resolve       54 

Highway  fund,  restricting  use  of,  for  highway  purposes,  proposed 
constitutional  amendment  for,  investigation  and  study 
relative  to  .  .  .  .  .  .  .        Resolve         3 

transfer  from,  to  General  Fund  of  portion  of  proceeds  of  gasoline 

tax 443 

Highways  (see  Ways). 

Hinch,  Fredric  J.,  reinstatement  in  permanent  force  of  fire  depart- 
ment of  town  of  Marblehead 290  1,  2 

Hingham,  bay,  construction  of  breakwater  in,  investigation  relative 

to       .......  .        Resolve       69 

appropriation  ........     445  36t,  Page  610 

town  of  (see  Cities  and  towns). 
Historical  publications,  state,  certain,  for  which  there  is  now  no 

public  demand,  disposition  of         .  .  .        Resolve       14 

Holden,  town  of  (see  Cities  and  towns). 
Holidays,  alcoholic  beverages,  sales  by  package  stores,  so  called,  on, 

certain  hours  for  .......     268 

See  also  Memorial  Day. 
HoUiston,  town  of  (see  Cities  and  towns). 
Holyoke,  city  of  (see  Cities  and  towns). 
Home  Missions  of  the  Congregational  and  Christian  Churches, 

The  Board  of,  incorporation  of   .  .  .  .     166  1-9 

Homes  (see  Dwellings). 

Homework,  industrial,  regulated        ......     429 

Hopkinton,  town  of  (see  Cities  and  towns). 

Horse  Neck  beach,  Westport,  town  of,  in,  acquisition  and  main- 
tenance   as   a    state    reservation,    investigation    relative 
to       .......  .        Resolve       44 

HORSE   RACING  MEETINGS   CONDUCTED   UNDER   PARI- 
MUTUEL    SYSTEM   OF   WAGERING: 
drugs,  use  for  purpose  of  affecting  speed  of  horses  at,  prohibited 

and  penalized       ........     322 

Hospital  Cottages  for  Children,  appropriations  .         .  .         .  1 1||  ^gX 


Index. 


805 


Chap. 
HOSPITALS: 

in  general,  cancer,  care  and  treatment  of  persons  suffering  from, 
for,  establishment  and  maintenance  in  county  of  Essex  or 
Middlesex,  investigation  relative  to        .  .        Resolve       35 

gonorrhea  or  syphilis,   treatment  of  persons  suffering  from, 
co-operation  with  commonwealth  in,  by      . 
appropriation       .  .  .  •  • 

infants  prematurely  born,  certain,  care  of,  at  .  . 

rheumatism,    chronic,   hospitalization   of   patients  with,   con- 
tracts by  state  department  of  public  health  for,  with 
certain     .......■• 

appropriation      ......-• 

Pondville  Hospital  at  Norfolk,  appropriations 

state  hospitals  for  insane,  etc.: 

in  general,  conspiracies  to  commit  to,  persons  who  are  not  in- 
sane, penalty        . 
Boston,  appropriations        ....... 

McMahon,    Mary    Alice,    superintendent    of   nurses    at, 
retirement  allowance  of,  under  state  retirement  system 

psychopathic,  appropriations    ...... 

Danvers,  appropriations      ....... 

Foxborough,  appropriations  ...... 

Gardner,  appropriations      ....... 

Grafton,  appropriations       ....... 

Medfield,  appropriations     ....... 

land,  certain,  conveyance  to  Alice  W.  Saltonstall  by  trustees 

of 

Metropolitan,  appropriations       ...... 

Monson,  appropriations      ....... 

Northampton,  appropriations      ...... 

Taunton,  appropriations     ....... 

Westborough,  appropriations       ...... 

Worcester,  appropriations  ....... 

tuberculosis  (see  Tuberculosis  hospitals). 

hospital  districts  (see  Tuberculosis  hospital  districts). 

Hospital  School,  Massachusetts,  appropriations 

conveyance  by  trustees  of,  of  certain  land  in  town  of  Canton 
Hotels,   alcoholic   beverages,   sale,   serving,   etc.,  in   (see  Alcoholic 
beverages) . 
See  also  Innholders  and  common  victuallers. 
Hours  of  Labor  (see  Labor). 

Housatonic  river,  flood  control  of,  reappropriation         .  .     434 

Household  furniture,   conditional  sale  of,  or  other  household  or 

personal  effects  except  jewelry,  contracts  of     .  .  .     315 

tax  exemption        .........     132 

House  of  representatives  (see  General  court). 
Houses  (see  Buildings:   Dwelling  houses). 

correction,  of  (see  Penal  and  reformatory  institutions,  counties,  of). 
Housing,  administrator  federal,  loans  insured  by,  making  by  banking 

institutions  and  insurance  companies      .  .  .  .     240 

authorities,  establishment,   powers  and  duties  of,   in  common- 
wealth, investigation  relative  to     .  .  .        Resolve       53 
problem  of,  investigation  and  study  relative  to  .        Resolve       64 
appropriation           ........     445 

HOUSING,    STATE    BOARD   OF: 

appropriations       .........     234 

investigation  and  study  by,  relative  to  problem  of  housing  Resolve      64 
appropriation  ........     445 


Item  or 
Section. 


391 

445  605a,  Page  610 

332 

393 

445  605b,  Page  610 

(234 
\434 

638-640 

638 

136 

(234 
\434  473 

473-475b 

;  Page  587 

355 

/234 

472 

1  434 

472 

/234 

476--i78 

\434 

476 

/234 

479-481 

\434 

479 

/234 

482-485 

\434  482; 

;  Page  587 

/234 

486-490 

\434 

486 

/234 

491-494 

1  434  491 ; 

Page  588 

329 

(234 

495-498a 

(434  495; 

;  Page  588 

/2-34 

516-519 

\434 

516 

/234 

499-503 

\434 

499,  50.3a 

/234 

504-506 

1  434 

504-506b 

/234 

508-513 

\434 

508,  513a 

/234 

514,  515 

\434 

514,  515a 

/2.34 
\434 

589,  590 

589 

175 

Page  588 


36p 

560,  561 

36p 


806  Index. 


Item  or 
Chap.  Section. 


Hull,   bay,   improvements  in,   additional    contribution   toward,  by 
state  department  of  public  works,  investigation  relative 
to      .......  .       Resolve      fi9 

appropriation  ........     445  36t,  Page  610 

town  of  (see  Cities  and  tOMms). 

Hunt,  Gilbert  W.,  former  armorer  at  Lowell  armory,  retirement 

allowance  of         .......  .     356 

Hunting  (see  Game  and  inland  fisheries). 

Husband  and  wife  (see  Divorce;    Marriage). 

Hyannis  state  teachers  college  (see  State  teachers  colleges). 

Hyde  Park  district  of  Boston,  Dedham  and  Hyde  Park  Gas  and 
Electric  Light  Company,  property  of,  in,  acquisition  by 
city  of  Boston  and  lease  thereof  to  Boston  Consolidated 
Gas  Company 292  1-9 

Hygiene,  occupational,  division  of  (see  Labor  and  industries, 
department  of). 

Hypnotics,  patent  and  proprietary  medicines  intended  for  internal 

use  which  are,  sale  regulated  .  .  .  .  .     343  4 

Hypodermic  use,   medicines,   patent  and  proprietary,  exclusively 

prepared  for,  in  human  system,  sale  regulated  .  .     343  4 


I. 

Ice  cream  (see  Frozen  desserts  and  ice  cream  mix). 

Ice  milk,  so  called,  manufacture  and  sale  of,  further  regulated  .     341  1-4 

Immigration  and  Americanization,  division  of  (see  Education, 

department  of). 
Imprisonment,  divorce,  as  cause  for  (see  Divorce). 
Income  tax,  division  of  (see  Corporations  and  taxation,  department 

of). 
Income  taxes  (see  Taxation,  incomes,  of). 
Indebtedness,  commonwealth,  of  (see  State  finance). 

county  (see  County  finance). 

municipal  and  district  (see  Municipal  finance). 
Indexing,  special  laws,  of,  appropriation        .....     234  36 

Indigent  persons  (see  Poor  and  indigent  persons). 
INDUSTRIAL   ACCIDENTS,   DEPARTMENT    OF: 

appropriations {g^  445-450 

See  also  Workmen's  compensation. 
Industrial,    development   and,    commission,    Massachusetts, 

establishment,  powers,  duties,  etc.  ....     427 

appropriation    .........     445  465a,  Page  611 

Industrial  diseases,  prevention  of,  rules  and  regulations  for,  mak- 
ing by  department  of  labor  and  industries        .  .  .     249 
Industrial  homework,  regulated          ......     429 

Industrial  Recovery  Act,  National  (see  National  Industrial  Re- 
covery Act). 
Industrial  resources,  commonwealth,  of,  promotion  and  develop- 
ment of,  commission  for,  establishment,  etc.    .  .  .     427 

appropriation    .........     445465a,  Page  611 

Industrial  school,  boys,  for,  appropriations          .          .          .          .  1 1^|  ^^^'  g|| 

girls,  for,  appropriations 1 1|^  ^^^'  ||| 

Industries,  labor  and,  department  of  (see  Labor  and  industries, 
department  of), 
interstate  compacts  affecting,  commission  on,  consideration  by, 
of  certain  problems  relating  to  employment  of  persons, 
etc.    ........       Resolve      30 

termination  of  existence  of,  and  establishment  of  commission 

on  interstate  co-operation  as  its  successor        .  .  .     404  1-3 

Industry,  discrimination  by,  against  certain  persons  in  employment 

on  account  of  their  age,  prohibited  .  .  .  .     367  1,  2 

standards,  fair  and  reasonable,  for,  consideration  by  commission 

on  interstate  co-operation     ......     404  (1) 

See  also  Employment;   Unemployment. 
Infants,  prematurely  born,  care  of  certain     .....     332 

Infirmary,  state  (see  State  infirmary). 

Inheritance  tax  (see  Taxation,  legacies  and  successions,  of). 


257 

436 

10 

428 

2 

234 

198 

Index.  807 

Item  or 
Chap.  Section. 

INITIATIVE   AND   REFERENDUM: 

f384  1.2 

emergency  laws  under,  certain  acts  declared  by  governor  to  be  .  {  399  1-6 

[ 400  1-7 

initiative  amendment  to  constitution  providing  for  biennial  ses- 
sions of  the  general  court  and  for  a  biennial  budget  .  .  Pages  654,  655 
initiative  petitions  pending  before  general  court  proposing  con- 
stitutional amendments  limiting  rate  of  taxation  on  real 
estate  and  restricting  use  of  certain  motor  vehicle  revenues 
for  highway  purposes,  investigation  and  study  relative  to 
subject  matter  of          ....          .        Resolve         3 

Injunctions,  foreclosures  of  mortgages  which  hinder  proper  admin- 
istration of  estates  or  certain  trusts,  to  restrain,  equity 
jurisdiction  of  probate  courts  extended  to  provide  for  is- 
suance in  certain  instances  of  ....  . 

labor  relations  act,  state,  under       ...... 

milk  control  law,  so  called,  under    ...... 

Ink,  purchase  of,  appropriation     ....... 

Innholders  and  common  victuallers,  tips  or  gratuities  given  to 
hat-check  and  cigarette  girls,  etc.,  on  premises  of,  benefici- 
aries of,  misleading  of  patrons  as  to,  prevention  of  .  .     342  1,2 
See  also  Alcoholic  beverages. 
INSANE,   FEEBLE-MINDED   AND   EPILEPTIC   PERSONS: 
commitment  to  institutions  for  insane  of  persons  who  are  not 

insane,  participation  in  conspiracies  in,  etc.,  penalty  .     136 

guardians  and  conservators  of,  cost  of  appointment,  expenses, 
etc.,  payment  by  insurers  under  workmen's  compensa- 
tion law      .........     317 

investigation  and  study  by  a  special  commission  of  whole  mat- 
ter of  mentally  diseased  in  their  relation    to    common- 
wealth       .......       Resolve        7 

appropriation  .  .  .  .  .  .  .  .     434  36b,  Page  584 

See  also  Defective  delinquents;    Hospitals,  state  hospitals  for 
insane,  etc. 
Insect  pests,  prizes  for  elimination,  etc.,  of,  offering  by  department 

of  agriculture       ........     415  1 

tent  caterpillars,  elimination  and  suppression  of         .  .  .     415  2-11 

Insolvency,  judges  of  (see  Probate  and  insolvency,  judges). 

registers  of  (see  Probate  and  insolvency,  registers). 
Inspection,  division  of  (see  Public  safety,  department  of). 
Institutions,  savings,  for  (see  Banks  and  banking,  savings  banks). 
INSURANCE: 

in  general.  Federal  Deposit  Insurance  Corporation,  subrogation 

of,  to  certain  rights  after  payment  of  insured  deposits  .     276 

fraternal  benefit  societies  (see  Fraternal  benefit  societies). 
agents  and  brokers,  in  general,  motor  vehicle  liability  insurance 
law,  compulsory,  policies  and  bonds  under,  renewal  of, 
duties  as  to,  in  certain  cases  ......     390 

brokers,  licenses  of,  fee  for,  exemption  of  widows  of  certain  war 

veterans  from  payment  of     .  .  .  .  .  .     260 

classes  of  insurance : 

annuity   contracts,   fiduciaries,   certain,   permitted   to  invest 

funds  in  certain  ........     312  1,  2 

endowment  (see,  infra,  classes  of  insurance,  life). 

fire,  rates,  board  of  appeal  on,  appropriation  .  .  .     234  316 

life,  commissions  with  respect  to  certain  policies  issued  on  lives 
of  certain  employees  of  life  insurance  companies,  payment 
to  such  employees        .  .  .  .  .  .  .103 

policies,  investment  of  funds  in  certain,  by  certain  fiduci- 
aries, permitted  ........     312  1,  2 

sa\'ings  banks,  by  (see  Banking  and  insurance,  department 
of,  savings  bank  life  insurance,  di\asion  of). 
motor  vehicle,  premiums,  payment  in  instalments         .  .     314 

motor  vehicle  liability,  against,  compulsory  (see  Motor  ve- 
hicles, hability  for  bodily  injuries,  etc.,  caused  by,  security 
for), 
plate  glass,  so  called,  coverage  of  policies  of  ...     261 

unemployment  (see  Unemployment  compensation). 
See  also,  infra,  companies. 
companies : 

in  general,  loans  insured  by  federal  housing  administrator, 

making  by  ........     240 


808  Index. 


Item  or 
Chap.  Section. 

INSURANCE  —  Concluded. 
companies  —  Concluded. 

liability,  motor  vehicle  liability  policies  or  bonds,  issuance, 
etc.,  by,  renewal  of,  powers  and  duties  as  to,  in  certain 
cases  .  .  .  .  .  .  .  .  .     390 

life,  commissions,  payment  to  certain  employees  of,  with  re- 
spect to  certain  policies  issued  on  lives  of  such  employees  .     103 
fiduciaries,  certain,  investment  of  funds  by,  in  policies  of  life 
or  endowment  insurance  or  annuity  contracts  of,  per- 
mitted        .  .  ._ .312  1,  2 

motor  vehicle  insurance,  writing,  acceptance  by,  of  premiums 

in  instalments     .  .  .  .  .  .  .  .314 

workmen's  compensation  insurance,  writing,  payment  by,  of 
cost  of  appointment  and  expenses  of  guardians  and  con- 
servators of  employees  or  dependents  under  workmen's 
compensation  law         .  .  .  .  .  .  .317 

payments  by,  into  state  treasury  in  certain  death  cases         .     394 
specified  injuries,  payments  in  case  of  certain,  by  .  .     321 

See  also  Workmen's  compensation. 
Insurance,  banking  and,  department  of  (see  Banking  and  insur- 
ance, department  of). 
Insurance,  division  and  commissioner  of  (see  Banking  and  insur- 
ance, department  of). 
Interest,  taxes,  local,  unpaid,  on,  rates  of,  further  reduced        .  .     203  1,  2 

unemployment  compensation  law,  insufficient  contributions  by 

employers  under,  in  case  of  .  .  .  .  .  .     421  1,  Subs.  8 

overdue  payments  under,  on        .  .  .  .  .  .421  1,  Subs.  5 

INTERSTATE   COMPACTS: 

crimes  or  offences,  persons  convicted  of,  who  are  on  probation  or 

parole,  mutual  helpfulness  in  relation  to,  for   .  .  .     307  1,  2 

flood  control,  relative  to,  Connecticut  River  valley,  in,  between 
commonwealth  and  states  of  Connecticut,  New  Hampshire 
and  Vermont,  approval,  ratification,  etc.  .  .  .     402  1-4 

f  397  1—8 

provision  for  compliance  by  commonwealth  wdth,  and  for  I  ^^^ 

further  study  relative  to  such  flood  control  .  .  1  ^^q  ^ 

... f     190b,  677a, 
appropriations     ........     445  <         Page  611 

relative  to,  Merrimack  River  valley,  in,  between  common- 
wealth and  state  of  New  Hampshire,  approval,  ratifica- 
tion, etc 403  1-4 

provision  for  compliance  by  commonwealth  with,  and  for  I  ^^o 

further  study  relative  to  such  flood  control  .  .  .1  aaq  o 

appropriations 445  |        p^'g^  gjj 

milk,  with  respect  to,  investigation  relative  to  .  .        Resolve       68 

minimum  wage,  on,  commission  required  to  be  established  under, 

provision  for        ........     404        1,  Subs.  25 

Interstate  compacts  affecting  labor  and  industries,  commis- 
sion on,  consideration  by,  of  certain  problems  relating  to 
employment  of  persons,  etc.  .  .  .        Resolve       30 

termination  of  existence  of,  and  establishment  of  commission  on 

interstate  co-operation  as  its  successor  ....     404  1-3 

Interstate  Conference  on  Labor  Compacts,  co-operation  by,  in 
prohibiting   certain   discrimination  with  respect  to   con- 
tracts of  employment,  etc.    ....        Resolve       30 

Interstate  co-operation,  commission  on,  establishment  of,  as 
successor  to  commission  on  interstate  compacts  affecting 
labor  and  industries     .......     404  1-3 

appropriation    .........     445  36u,  Page  610 

Interstate  highway  transportation,  federal  statutes  governing, 
consideration  of,  by  special  commission  appointed  to  sur- 
vey and  study  laws  relating  to  transportation  of  property 
by  motor  vehicle         .....        Resolve       33 

appropriation    .........     434   36i,  Page  584 

Interstate  Legislative  Assembly,  delegates  representing  general 

court  in  attendance  upon  sessions  of,  expenses  of    Resolve       36 
appropriation     .........     434  36k,  Page  584 

Interstate  rendition,  criminal,  uniform  law         ....     304  1-3 

waiver  of  requirements  of,  under  interstate  compacts  for  super- 
vision of  probationers  and  parolees  ....     307  1 

warrants  of  governors  of  other  states  for,  under  uniform  law  as  to 

extra-territorial  arrest  on  fresh  pursuit  ....     208  1 


315 

132 

395 

1.4 

234 

150 

Index.  809 

Item  or 
Chap.  Section. 

Interstate  waters,  drinking  purposes,  used  for,  protecting  purity  of, 

investigation  relative  to         ...  .        Resolve       51 

Intoxicating  liquor  (see  Alcoholic  beverages). 

Ipswich,  river,  water,  taking  from,  by  Lynn,  Peabody,  Salem,  Bev- 
erly and  Danvers,  for  emergency  purposes,  time  extended       88 
town  of  (see  Cities  and  towns). 
Isabella  Stewart  Gardner  Museum,  Incorporated,  real  and  per- 
sonal estate,  additional,  holding  by        ...  .     126 


Jack  lights,  hunting  of  deer  and  other  mammals  by  use  of,  unlawful, 

prima  facie  evidence,  etc.      .  .  .  .  .  .     321 

Jails  (see  Penal  and  reformatory  institutions,  counties,  of). 
Jamaica  Plain  section  of  city  of  Boston,  highway  improvements, 

proposed,  in,  investigation  relative  to   .  .        Resolve       24 

Janitors,  school,  pensions,  non-contributory,  for,  ultimate  abolition 

of,  advancement  of  date  for  ......     102 

retired,  in  certain  cities  and  towns,  pensions  payable  to  certain, 

increase  of  ........     202 

Jewelry,  conditional  sale  of  personal  effects,  certain  provisions  of  law 

regulating  contracts  of,  not  applicable  to         .  .  . 

tax  exemption        ......... 

Joint  stock  companies,  dividends  on  shares  in,  taxation  of 

Judge  advocate,  state,  appropriation  ...... 

Judges   and   justices    (see  Courts;    District  courts;    Land   court; 
Probate  courts;    Supreme  judicial  and  superior  courts; 
Trial  justices). 
Judgments  in  civil  actions,  actions  on,  in  certain  motor  vehicle 

accident  cases,  certain  presumptions  in  .  .  .  .     439  1,  2 

vacating,  in  case  of  death  of  defendant  in  certain  instances         .     406  1 

JUDICIAL   COUNCIL: 

aircraft,  owners  and  operators  of,  liability  of,  in  case  of  accident, 

investigation  relative  to,  by         .  .  .        Resolve         2 

appropriations       .  .  .  ....  .  .     234  56,  57 

Massachusetts  bar,  organization  of,   investigation  relative  to, 

by      .......  .       Resolve        9 

security  for  payment  for  material  employed  in  construction  or 
repair  of  buildings,  providing  for,  investigation  relative 
to,  by  .  .  .  .  .  .  .        Resolve         1 

wages,  attachments  of,  etc.,  investigation  relative  to,  by   Resolve         5 
Judiciary,  committee  on  the,  investigation  and  study  by,  rela- 
tive   to    the   district    court   system    of    the    common- 
wealth    .......        Resolve       55 

appropriation       .  .  .  .  .  •       .  • .        •     ^^  36m 

relative  to  trial  of  civil  actions  in  district  courts  by  juries  of 

six      .......  .        Resolve       56 

Juries,  six,  of,  trial  of  civil  actions  in  district  courts  by,  investigation 

and  study  relative  to   .  .  .  .  .       Resolve       56 

Jurors  (see  Grand  jury  investigations,  etc.). 

Juvenile  court,  Boston  (see  Boston  juvenile  court). 

Juvenile  training,  division  of  (see  Public  welfare,  department  of). 

K. 

Keepers,  attached  personal  property,  of,  appointment  of         .  .     308 

Kennels,  dog  (see  Dog  kennels). 

Kinzler,  Mary,  Cambridge,  of,  payment  by  commonwealth  of  sum 

of  money  to         .....  .        Resolve       50 

Kirtland,  William  B.,  police  department  of  city  of  Pittsfield,  in, 

transferred  to  rank  of  regular  officer  of  said  department     .     272  1,2 

L. 

Labels,    bread,  of,  wrapped  in   cellophane   or   similar   transparent 

wrappers    .........  53 

cheese,  on     .........          .  335                     2-4 

ice  milk,  so  called,  containers  of,  on          .      _    .          .          .          .  341                          2 

methyl  or  wood  alcohol  and  certain  preparations  containing  such 

alcohol,  containers  of,  on      .          .          .          .          .          .  177                          2 

taps  used  for  sale  of  malt  beverages  on  draught,  on   .          .          .  264 


810 


Index. 


Chap. 


Item  or 
Section. 


1-3 

1,  2 

436  1-16 

70 
445  36v,  Page  611 

1-3 


LABOR: 

1^^     bargaining,  collective,  investigation  relative  to  .        Resolve       70 

appropriation  .  .  ...  .  .  .     445  36v,  Page  611 

children,  of,  minimum  wage  for  (see  Minimum  wage), 
contracts  relating  to  employment,  etc.,  certain  problems  of,  con- 
sideration by  commission  on  interstate  compacts  affecting 
labor  and  industries     ...  .  .        Resolve       30 

detective  and  police  activity,  private,  in  labor  disputes,  etc.,  cer- 
tain forms  of,  regulated         ......     437 

discrimination  against  certain  persons  in  employment  on  account 

of  their  age,  prohibited  ......     367 

disputes,  labor,  burdening  or  obstructing  industry,  act  to  di- 
minish causes  of,  etc.  ....... 

diminishing  causes  of,  investigation  relative  to     .        Resolve 
appropriation      ........ 

private  police  and  detective  activity  in,  certain  forms  of,  regu- 
lated  437 

employment  of  persons,  etc.,  certain  problems  relating  to,  con- 
sideration by  commission  on  interstate  compacts  affecting 
labor  and  industries     .....        Resolve       30 

health  and  safety  of  workers: 

rules  and  regulations  by  department  of  labor  and  industries  for 
prevention  of  accidents  and  industrial  or  occupational 
diseases       ......... 

homework,  industrial,  regulated       ... 
hours,  maximum,  of,  matter  of,  consideration  by  commission  on 
interstate  co-operation  ...... 

women  employed  in  textile  industry,  of         ...  . 

investigation  of  certain  matters  pertaining  to  .  .        Resolve 

appropriation  .  .  . 

labor  relations  commission,  creation,  etc.  .... 

appropriation 
See  also  Labor  relations  act,  state,  so  called, 
minimum  wage,  interstate  compact  on,  coijimission  required  to 
be  established  under,  provision  for  .... 

law  providing  for,  wage  rates  under,  for  women  and  minors, 
determination  and  establishment  of        ...  . 

matter   of,    consideration   by    commission   on   interstate   co- 
operation   ......... 

public  works,   state   department  of,   laborers   employed    by, 
for     .  .  .  .  .  .  .  .  .  . 

minors,  conditions  of  employment  of,  consideration  by  commis- 
sion on  interstate  co-operation       ..... 

minimum  wage  for  (see  Minimum  wage), 
municipal  laborers,  etc.,  vacations  for      .  .  .  .  . 

occupational  diseases,  prevention  and  control  of,  investigation 
and  study  relative  to   .  .  .  .  .        Resolve 

one  day's  rest  in  seven  law,  so  called,  provisions  of,  made  appli- 
cable to  restaurants     ....... 

public  employees,  laborers  employed  by  state  department  of  pub- 
lic works,  minimum  wage  for         .  .  . 
pensions,  non-contributory,  for  municipal  and  district  laborers, 
service  required  for,  need  not  be  continuous   . 
ultimate  abolition  of,  advancement  of  date  for  . 
restaurants,  one  day's  rest  in  seven  law,  so  called,  made  apph- 
cable  to      ........  . 

six  o'clock  law,  so  called,  relating  to  hours  of  employment  of 

women  in  textile  industry,  suspension  until  April  1,  1938  . 

standards,  fair  and  reasonable,  for,  consideration  by  commission 

on  interstate  co-operation   ...... 

state  labor  relations  act,  so  called   ...... 

appropriation  ........ 

See  also  Labor  relations  act,  state,  so  called, 
state  printing  and  binding,  persons  employed  in,  register  of 
unemployment  compensation,  relative  to  .  .  ... 

wages,  minimum,  laborers  employed  by  state  department  of  pub- 
lic works,  for       .  .  .  .  .  .  .  .     346 

See  also,  supra,  minimum  wage, 
women,  of,  conditions  of  employment,  consideration  by  commis- 
sion on  interstate  co-operation     .  .  .  .  .     404 

hours  of,  textile  industry,  in,  six  o'clock  law,  so  called,  relating 

to,  suspension  until  April  1,  1938  .....     153 

minimum  wage  for  (see  Minimimi  wage). 


249 
429 

404          1 
153 
70 
445  36v,  Page  611 
436        1-16 
445  465b,  Page  612 

404    1 

Subs.  25 

401 

1-3 

404   1 

Subs.  23 

346 

404 

1 

15 

46 

221 

346 

283 
102 

1,2 

7 

221 

153 

404          1 
436        1-16 
445  465b,  Page  612 

373 
421 

1-4 

/  234     451-462 
\  434     457-460 


Index.  811 

Item  or 
Chap.  Section. 

LABOR  —  Concluded. 

See  also  Employers  and  employees;  Employment;  Interstate 
Conference  on  Labor  Compacts;  Labor  and  industries, 
department  of;  Labor  and  industries,  interstate  compacts 
affecting,  commission  on;  Massachusetts  development 
and  industrial  commission;  Massachusetts  Federation  of 
Labor;  Unomploymont;  Workmen's  compensation. 
LABOR  AND   INDUSTRIES,    DEPARTMENT   OF: 

in  general,  accidents  and  industrial  or  occupational  diseases, 

prevention  of,  rules  and  regulations  for,  by     .  .  .     249 

appropriations  ....... 

conciliation,  mediation  or  statistical  work,  service  as  to,  that 
may  be  obtained  from,  state  labor  relations  commission 
not  to  appoint  individuals  for  purpose  of  .  .  .     436  4 

discrimination  against  certain  persons  in  employment  on  ac- 
count of  their  age,  prohibition  of,  powers  and  duties  as  to  .     367  1,  2 

industrial  homework,  rules  and  regulations  as  to,  by,  etc.  .     429       Subs.  147E 

occupational  diseases,  prevention  and  control  of,  investigation 

and  study  relative  to,  by,  etc.        .  .  .        Resolve       46 

printing   and    binding,    state,   persons   employed   in,    certain 

records  as  to,  open  to  inspection  of,  etc.  ....     373 

tips  given  to  hat-check  and  cigarette  girls  and  the  like,  benefici- 
aries of,  misleading  of  patrons  of  certain  places  aa  to,  pre- 
vention of,  powers  and  duties  as  to  .  .  .  .  342  1,  2 
commissioner,  discrimination  against  certain  persons  in  employ- 
ment on  account  of  their  age,  prohibition  of,  powers  and 
duties  as  to          .          .          .          .          .          .          .          .     367  1,  2 

industrial  homework,  regulation  of,  powers  and  duties  as  to     .     429 

Massachusetts  development  and  industrial  commission,  to  be 

member  of  ........     427 

minimum  fair  wage  rates  for  women  and  children,  determina- 
tion, estabhshment,  etc.,  powers  and  duties  as  to      .  ,     401  1-3 

six  o'clock  law,  so  called,  relating  to  hours  of  employment  of 

_  women  in  textile  industry,  suspension  until  April  1, 1938  by     153 
commissioners,  associate,  minimum  fair  wage  rates  for  women 
and  children,  determination,  estabhshment,  etc.,  powers 
and  duties  as  to  ..... 

conciliation  and  arbitration,  board  of,  appropriations 

labor  relations  commission,  creation,  powers,  duties,  etc. 

appropriation  .  .  .  .  .  . 

Massachusetts  development  and  industrial  commission, 
lishment,  powers,  duties,  etc. 

appropriation  ...... 

minimum  wage  commission,  establishment,  powers,  duties 

necessaries  of  life,  di\asion  on,  appropriations  . 

occupational  hygiene,  division  of,  appropriations 
standards,  division  of,  appropriations 

director,    bread    wrapped    in    cellophane,    etc.,    labelling    of, 

powers  as  to         .  .  .  .  .  .  .  .53 

LABOR  AND  INDUSTRIES,  INTERSTATE  COMPACTS   AF- 
FECTING,   COMMISSION   ON: 
consideration  by,  of  certain  problems  relating  to  employment  of 

persons,  etc.         .  .  .  .  .  .        Resolve       30 

termination  of  existence  of,  and  establishment  of  commission  on 

interstate  co-operation  as  its  successor  ....     404  1—3 

Laboratories,  division  of  (see  Public  health,  department  of). 
Labor  Compacts,  Interstate  Conference  on,  co-operation  by,  in 
prohibiting  certain  discrimination  with  respect  to  certain 
contracts  of  employment,  etc.        .  .  .       Resolve       30 

Laborers,  municipal,  vacations  for        .  .  .  .  .  .15 

state  department  of  public  works,  employed  by,  minimum  wage 

for 346 

See  also  Labor. 
Labor  relations  act,  national,  unfair  labor  practices  subject  to, 

state  labor  relations  act  not  to  be  deemed  applicable  to      .     436  14 

LABOR   RELATIONS   ACT,    STATE,    SO    CALLED: 

in  general     ..........     436  1-16 

appropriation  for  administration  of  .....     445  465b,  Page  612 

definitions    .    •       .  .  .  .  .  .  .  .  .     436  2 

findings  and  policy         ........     436  1 


.  401 

1-3 

/234 
•  1  434 

459,  460 
459,  460 

.  436 

3-12 

.  445  465b,  Page  612 
estab- 

.  427 

.  445  465a 
,  etc.  .  401 

Page  611 
1-3 

/234 
•  1 434 

457,  458 
457 

.  234 

454,  455 

.  234 

461,  462 

812  Index. 


Item  or 

Chap. 

Section. 

■  Concluded. 

.     436 

11,  12 

.     436 

3-6 

.     436 

13-15 

.     436 

10 

.     436 

9 

.     436 

7-8A 

.     436 

3-12 

.     445  465b,  Page  612 

/234 
•  1  434  626 

626-627a 

Page  588 

LABOR  RELATIONS  ACT,  STATE,  SO  CALLED 

investigatory  powers      .  .       _    . 

labor  relations  commission,  creation,  etc. 

limitations    ....... 

prevention  of  unfair  labor  practices 

representatives  and  elections 

rights  of  employees         ..... 

Labor  relations  commission,  creation,  etc. 

appropriation     ...... 

Lakes  (see  Waters  and  waterways). 

Lakeville  state  sanatorium,  appropriations 

Land,  registration  of  title  to,  attachments  of  real  estate  affecting, 

relative  to  .  .  .  .  .  .  .  .     144  1,  2 

guardians  ad  litem  appointed  by  land  court  on  petitions  for, 

payment  of  compensation  of  .  .  .  .  .118 

taken  or  sold  for  taxes,  redemption  of,  penalty  for  violation  of 

certain  provisions  of  law  relative  to        .  .  .  .43 

See  also  Taxation,  local  taxes,  collection  of,  sale  or  taking  of 
land,  by. 
See  also  Real  property. 
LAND   COURT: 

[234      88-90;  Page 
appropriations       .........  \  250 

[434     90;  Page  583 
books,  printed  blanks,  forms  and  stationery,  providing  for         .183  1,  2 

equity,  certain  final  decrees  in,  by,  directing  conveyance,  etc.,  of 
real  estate,  effect  of,  and  effect  of  recording  or  registration 
of  copies  of  such  decrees        ......     101  1,  2 

expenses,  certain,  of,  payment  by  commonwealth      .  .  .     183  1,  2 

guardians  ad  litem  appointed  by,  on  petitions  for  registration  of 

title  to  land,  payment  of  compensation  of        .  .  .118 

judge  and  associate  judges  of,  retirement  or  resignation  of,  pen- 
sions upon,  etc.   ........     409  2-4,  7 

Larceny  (see  Theft). 

Lawrence,  city  of  (see  Cities  and  towns). 

Laws,  county,  and  court  decisions  relatiye  thereto,  copies  of  compila- 
tion of,  sale  by  county  commissioners  of  certain  counties  .       46 
special,  indexing  of,  appropriation  ......     234  36 

See  also  Acts  and  resolves;   General  Laws;   Statutes. 
Laws,  state,  uniform,  commissioners  on,  appropriation     .         .     234  168 

Lawyers  (see  Attorneys). 

Legacies  and  successions,  tax  on,  additional,  temporary,  imposi- 
tion, etc .422  2,3,5 

Legal  holidays  (see  HoUdays). 

Legislative  Assembly,  Interstate  (see  Interstate  Legislative  As- 

semljly). 
Legislative  document  room  (see  General  court) . 
Legislature  (see  General  court). 
Lenses  (see  Eyeglasses). 
Lexington,  town  of  (see  Cities  and  towns). 

Liability,  aircraft  owners  and  operators,  of,  in  case  of  accident,  inves- 
tigation by  judicial  council  relative  to   .  .        Resolve         2 
insurance  (see  Insurance,  classes  of  insurance). 
Libraries,  public,  division  of  (see  Education,  department  of). 
Library,  state  (see  State  library). 
LICENSES   AND    PERMITS: 

alcoholic  beverages,  manufacture,  transportation,  sale,  etc.,  of 

(see  Alcoholic  beverages), 
alcohol,  methyl  or  wood,  so  called,  and  certain  preparations  con- 
taining such  alcohol,  dealing  in,  term  of  .  .  .  .     177  1 

common  victuallers,  fixtures,  equipment,  etc.,  required  on  prem- 
ises, filing  of  plans  of,  etc.,  in  case  of  applications  for  cer- 
tain licenses  of    .  .  .  .  .  .  -  •     424  6,  7 

rejection  of  appUcations  for  renewal  of,  appeal  to  alcoholic 

beverages  control  commission  in  certain  cases         .  .331 

detectives,  private,  revocation,  etc.,  in  certain  cases  .     ..-..•     437  1 

dog  kennels,  in  case  of  their  removal  to  other  municipalities 

within  same  county      .  .  .  .  .  .  .95 

frozen  desserts  and  ice  cream  mix,  manufacture  and  sale  of         .     341  1 

garbage,  offal  and  other  offensive  substances,  removal  and  trans- 
portation of         .......  .     282 

hairdressing,  practice  of,  by  operators,  so  called         .  .  .     385  3 


Index.  813 

Item  or 
Chap.  Section. 

LICENSES   AND   PERMITS  —  Conchided. 

hawkers  and  pedlers,  fuel  oil,  certain  dealers  in  certain,  exempted 

from  pro\asions  of  law  relating  to  ....     333 

sale  by  certain  licensed  milk  dealers  of  milk,  cream  and  certain 

milk  products  without  bemg  licensed  as  .  .  .     214 

homework,  industrial,  for        .  .        _  .  .  .  .  .     429 

horse  racing  meetings   (see  Horse  racing   meetings   conducted 

under  pari-mutuel  system  of  wagering), 
hunting  and  fishing  certificates,  special  complimentary,  issuance 

to  certain  officials  of  certain  other  states  .  .  .191  1,  2 

insurance  brokers,  fee  for,  exemption  of  widows  of  certain  war 

veterans  from  payment  of     .  .  .  .  .  .     260 

Lord's  day,  keeping  open  of  certain  places  of  business  on,  for, 

granting  and  taking  effect  of  .  .  .  .  .124 

milk  and  cream  dealers  ........     428  4-6 

motor  vehicles,  transporting  property  for  hire  in  city  of  Boston, 
certain,  licensing  by  police  commissioner  for  said  city,  dis- 
continued  .........     122 

See  also  Motor  vehicles, 
theatrical,  etc.,  exhibitions  in  city  of  Boston,  for,  term  of  certain  .91  1,2 

Liens,  material  employed  in  construction  and  repair  of  buildings,  for, 
investigation  by  judicial  council  relative  to     .        Resolve 
unemployment  compensation  law,  so  called,  under   . 
water,  investigation  and  study  relative  to         .  .       Resolve 


1 

421 

1,  Subs.  6 

12 

234 

96,  99,  100 

434 

100 

Lieutenant  governor,  salary  and  expenses,  appropriations 

Life  insurance  (see  Insurance,  classes  of  insurance,  life). 

Lighting  plants,  municipal,  meters  for  measuring  gas,  periodic 

replacement  by   .  .  .  .  .  .  .  .40  1-3 

sale,  installation  and  servicing  of  certain  merchandise,  equipment, 

utensils  and  chattels  by  municipalities  maintaining  .  .     235  1,2 

Lighting    systems,    state    highways,    on,    investigation    relative 

to       .......  .        Resolve       24 

Lights,  hunting  of  deer  and  other  mammals  by  use  of,  unlawful, 

prima  facie  evidence,  etc.      .  .  .  .  .  .     324 

Limitation  of  actions,  death,  actions  for,  payment  of  judgment  in 
which  is  required  to  be  secured  under  compulsory  motor 
vehicle  liability  insurance  law,  so  called,  against  executors 

or  administrators  of  deceased  defendants  in    .  .  .     406  2,  3 

hairdressers,   registered,   and   certain  operators  and   registered 
shops  under  hairdressing  law,  so  called,  certain  actions 
against,  in  case  of         ......  .     385  9,  10 

unemployment  compensation  law,  actions  to  enforce  certain  pro- 
visions of 421  1,  Subs.  8 

Limited  town  meetings  (see  Town  meetings). 

Lip  reading,  instruction  in,  for  hard  of  hearing  children  in  public  and 

private  schools,  investigation  relative  to         .        Resolve       38 
appropriation 434  361.  Page  584 

Liquidation,  closed  banks,  certain,  of,  payment  of  dividends  in        .  \  g^j 

Liquid  capacity  measures,  sealing  of  certain,  fees  for  .  .  .       74 

Liquors,  intoxicating  (see  Alcoholic  beverages). 
Listing,  annual,  of  male  persons  seventy  years  of  age  or  older,  con- 
tinuance of,  notwithstanding  their  exemption  from  pay- 
ment of  poll  taxes       .  .  .  .  .  .  .         1  1,  2 

Little  river,  flood  protection  works  along,  construction  and  main- 
tenance by  city  of  Haverhill,  etc.  .....     405  1-4 

Livestock  disease  control,  division  of  (see  Agriculture,  depart- 
ment of). 
Loan  agencies,  banks  and,  division  of  (see  Banking  and  insur- 
ance, department  of). 
Loan  agencies,  supervisor  of  (see  Banking  and  insurance,  depart- 
ment of). 
Loans,  banks,  by  (see  Banks  and  banking), 
county  (see  County  finance), 
municipal  (see  Municipal  finance), 
state  (see  State  finance). 
Lobsters,  theft  of,  while  in  storage,  penaUzed,  and  penalty  for  cer- 
tain other  thefts  thereof  increased  ....     168 

Lord's  day,  bicycles,  letting  on,  permitted     .  .  .  .  .     286 

business,  certain  places  of,  licenses  to  keep  open  on,  granting  and 

taking  effect  of    .  .  .  .  .  .  .  .     124 

laws,  etc.,  regulating  observance  of,  to  be  applicable  to  Memorial 

Day  between  hours  of  seven  a.m.  and  one  p.m.  .  .       38 


814  Index. 


Item  or 
Chap.  Section. 


Lord's  Day  —  Concluded. 

motor  vehicles,  letting  on,  permitted        .....     286 

trains,  letting  on,  of  certain  equipment  or  accessories  for  per- 
sonal use  in  connection  with  outdoor  sports  and  recreation 
on,  permitted       ........     286 

Lowell,  armory,  Gilbert  W.  Hunt,  former  armorer  at,  retirement 

allowance  of         .......  .     356 

city  of  (see  Cities  and  towns). 

district  court  of,  additional  land  for  purposes  of,  acquisition  by 

Middlesex  county         .  .  .  .  .  .  .42  1,  2 

state  teachers  college  (see  State  teachers  colleges). 

textile  institute,  appropriations        ......     234  394,  395 

Lower  Chilmark  pond,  fishing  without  license  in,  permitted   .  .     152  1,2 

Lung  diseases,  other  than  recognizable  tuberculosis,  certain  patients 
with,  admission  to  state  sanatoria  and  county  tuberculosis 
hospitals  for  purposes  of  diagnosis  and  observation  .     392 

Lyman  school  for  boys,  appropriations       .  .         .         .  |  |o|  '  f o| 

Lynn,  Chapter  of  the  Yankee  Division  Veterans'  Association,  re- 
imbursement  in   part   by    commonwealth    for    expenses 
incurred  in  dedication  of  General  Clarence  R.  Edwards 
bridge         .......        Resolve       11 

city  of  (see  Cities  and  towns). 

M. 

r  112 

Machinery,  elevator,  conditional  sales  of       .  .  .  .         .  <  245  1   2 

manufacturing  corporations,  of,  exemption  from  local  taxation, 
deductions,  certain,  in  taxation  of  such  corporations  dis- 
continued on  account  of        .  .      _    .  .  .  .     383  1-3 
distribution  to  cities  and  towns  of  certain  corporation  taxes 

on  account  of      .......  .     108  1,  3 

Machines,  voting  (see  Voting  machines). 

Madden,  John,  death  of,  payment  of  a  sum  of  money  by  city  of 
Boston  on  accoxmt  of,  investigation  by  attorney  general 
relative  to  .  .  .  .  .  .  .        Resolve       45 

Maiden,  city  of  (see  Cities  and  towns). 

Malibu  beach,  so  called,  Dorchester  district  of  city  of  Boston,  in, 

further  improvements  at,  investigation  relative  to  Resolve       20 

Malpractice,  actions  against  registered  hairdressers,  etc.,  for,  time 

within  which  may  be  commenced  ....     385  9,  10 

Malt  beverages  (see  Alcoholic  beverages). 

Mammals  (see  Game  and  inland  fisheries:   birds  and  mammals). 

Manchaug  Water  District  of  Sutton,  estabhshment,  etc.  179  1-14 

Mann,  Horace,  distinguished  public  service  of,  observances  during 
current  year  in  commemoration  of,  proclamation  by  gov- 
ernor relative  to  .  .  .  .  .        Resolve         4 

Manual  of  the  general  court,  printing  of,  appropriation       .  .     234  24 

Manufacture,  materials  or  articles,  of,  in  homes,  regulated     .  .     429 

Manufacturing  corporations,  taxation  of  (see  Taxation,  corpora- 
tions, of). 

Marblehead,  town  of  (see  Cities  and  towns). 

Marine  fisheries  (see  Fish  and  fisheries). 

state  supervisor  of  (see  Conservation,  department  of,  divisions 
of,  fisheries  and  game). 

Marines  (see  Soldiers,  sailors  and  marines). 

Market  limits,  Boston,  city  of,  of,  use  further  regulated  .  .90  1,  2 

Markets,  division  of  (see  Agriculture,  department  of). 

Marriage,  notice  of  intention  of,  five  day  waiting  period  after  filing, 
requirement  of,  waiver  by  special  judges  of  probate  and 
insolvency  and  special  justices  of  district  courts,  when 
holding  court       ........       11  1,2 

See  also  Divorce. 

Marshal,  state  fire  (see  Public  safety,  department  of). 

Marshfield,  town  of  (see  Cities  and  towns). 

Massachusetts,  agricultural  experiment  station,  director  of,  powers 

and  duties  of,  as  to  agricultural  seeds   ....     288  1,  2 

archives,  reproduction  of  manuscript  collection,  appropriation   .     234  197 

bar,  organization  of,  investigation  by  judicial  council  relative 

to       .......  .       Resolve         9 

development  and  industrial  commission,  establishment,  powers, 

duties,  etc.  ........     427 

appropriation  ........     445  465a,  Page  611 


Index. 


815 


Massachusetts  —  Concluded. 

Federation  of  Labor,  candidates  for  appointment  to  special  com- 
mission to  survey  and  study  laws  relating  to  transportation 
of  property  by  motor  vehicle,  nomination  by  .        Resolve 

hospital  school,  appropriations       ...... 

land,  certain,  in  town  of  Canton,  conveyance  by  trustees  of    . 
national  guard  (see  Militia). 

nautical  school,  appropriations         ...... 

reformatory,  appropriations   ....... 

school  of  art,  appropriations  ....... 

Soldiers'  Home  in  (see  Soldiers'  Home  in  Massachusetts). 

state  college,  appropriations  ....... 

Massachusetts  agricultural  experiment  station  at  (see  Mas- 
sachusetts agricultural  experiment  station). 

Soil  Conservation  and  Domestic  Allotment  Act,  act  of  congress 

known  as,  co-operation  by  commonwealth  with  federal 

government  in   carrying  out  provisions  of,   powers  and 

duties  as  to 

training  schools,  trustees  of,  appropriations       .... 

vocational  training  of  certain  children  in  charge  of 
University  of.  Inc.,  property,  etc.,  of,  transfer  to  the  Trustees  of 

Middlesex  University  .  .         _. 

University  of,  name,  future  use  of,  restricted    .... 

volunteer  militia  (see  Militia). 
See  also  Commonwealth. 
Material  men,  security  for,  for  material  employed  in  construction 
and  repair  of  buildings,  investigation  by  judicial  council 
relative  to  .  .  .  .  .  .  .        Resolve 

Matrimony  (see  Marriage). 
MAYOR   AND   ALDERMEN: 

collectors  of  taxes,  bonds  of,  powers  as  to 
treasurers,  city,  bonds  of,  powers  as  to    . 
MAYORS: 

assessors,  assistant,  appointment  by,  discontinued     . 

borrowing  of  money  by  cities,  public  welfare,  soldiers'  benefits 

and  federal  emergency  unemployment  relief  projects,  on 

account  of,  approval  by         ....  . 

dog  kennels,  Hcensed,  removal  to  other  municipalities  within  same 
county,  approval  by     ...... 

election  by  preferential  voting         .  .  . 

election  officers,  temporary  additional,  appointment  by 
eyeglasses  for  needy  school  children,  expenditures  for,  under  di 
rection  of  city  councils  and  ..... 

officers,  city,  temporary,  appointment  of  certain,  by 
retirement  systems,  contributory,  for  cities,  powers  and  duties 
as  to  .  .  .  .  .  .  . 

tent  caterpillars,  suppression  of,  powers  and  duties  as  to 
May  thirtieth,  Memorial  Day,  as,  observance  of  . 
McCann,  Anne,  estate  of,  balance  of,  which  has  escheated  to  com- 
monwealth, payment  from  state  treasury  of  .        Resolve 
McDonald,  Daniel  J.,  pensioning  by  city  of  Boston 
McKee,  Alfred  H.,  chief  of  police  of  town  of  North  Andover,  placed 
under  civil  service  laws  ..... 

McMahon,  Mary  Alice,  retirement  allowance  of,  under  state  retire 
ment  system         ....... 

Measures  (see  Weights  and  measures). 
Mechanics,  municipal,  vacations  for     . 

Medfleld,  state  hospital,  appropriations  .... 

land,  certain,  conveyance  to  Alice  W.  Saltonstall  by  trustees  of 
town  of  (see  Cities  and  towns). 
Medford,  city  of  (see  Cities  and  towns). 

Medical  attendance,  needy  persons,  furnishing  by  cities  and  towns  to 
Medical  examiners,  fees  of,  appropriation    ..... 
Medicine,  board  of  registration  in  (see  Civil  service  and  registra- 
tion, department  of). 


Chap. 


33 

/234 

\434 

175 

234 
434 
234 
434 
'234 
434 

234 
434  < 


374 
/234 
\434 

323 

326 
326 


Item  or 
SectioD. 


589,  590 
589 


371-373 
371 

547-549 
547 
392 
392 

397-409 

397,  409a; 

Page  587 


1-7 
575-588 
575-587 


6,  7 

7 


143 
143 


129 


107 

95 
345 

27 

185 
143 


57 

415 

38 

1,2 
5.  6B 

39 
368 

1,2 

7 

1,2 

355 

15 

/234 

1  434  491; 
329 

491-494 
Page  588 

234 


208 


816 


Index. 


Chap. 
Medicines,  patent  and  proprietary,  sale  of  certain,  further  regulated     343 
Medway,  town  of  (see  Cities  and  towns). 

Meetings,  stockholders  of  business  corporations,  of,  special,  calling  of 
Melrose,  city  of  (see  Cities  and  towns). 

Memorial  Day,  laws,  etc.,  regulating  observance  of  Lord's  day  to  be 

applicable  to,  between  hours  of  seven  a.m.  and  one  p.m. 

observance  of        .  .  .  .  .  .  .  ._         . 

Memorial  drive,  Cambridge,  city  of,  in,  overpass  at  or  near  inter- 
section of,  and  Cottage  Farm  bridge  and  Brookline  street, 
construction  of,  investigation  relative  to         .        Resolve 
MEMORIALS: 

Storrow,  James  Jackson,  improvements,  certain,  in  Charles  River 
basin,  establishment  as  memorials  to     .        .        Resolve 
tablet  commemorating  public  services  rendered   by,  accept- 
ance   by    commonwealth   and    placing    thereof   in    state 
house  .  .  .  .  .  .  .        Resolve 

Westfield,  city  of,  Apremont  park  in,  acquisition  and  develop- 
ment as  a  war  memorial  and  removal  thereto  of  a  certain 
existing  memorial         ....... 

appropriation  .  _.  .  .  ... 

world  war  mothers,  mural  painting  commemorating  sacrifices  of, 
placing  of,  in  state  house        ....        Resolve 

appropriation  ........ 

See  also  Calvin  Coolidge  Memorial  Bridge;    Wellington  Memo- 
rial Bridge. 
Mental  diseases  (see  Defective  delinquents;   Insane,  feeble-minded 

and  epileptic  persons;    Mental  diseases,  department  of). 
MENTAL   DISEASES,    DEPARTMENT    OF: 


Item  or 
Section. 

4 


in  general,  appropriations       ....... 

work  of,  investigation  relative  to  all  phases  of,  by  a  special 
commission  ......        Resolve 

appropriation  .   _       .  .  •    .  .   •  . 

Mercantile  agencies,  labor  disputes,  etc.,  activities  in,  of,  prohibited 
Merchandise,  sale  or  resale  of,  provisions  as  to,  under  Fair  Trade 
Law,  so  called     ........ 

Merrim.ack  river,  flood  protection  works  along,  construction  and 
maintenance  by  city  of  Haverhill,  etc.   .... 

problems,  certain,  pertaining  to,  investigation  relative  to  Resolve 
sanitary  condition  of,  investigation  relative  to  .  .       Resolve 

appropriation  .  .  .  . 

valley,  flood  control  in,  compact  relative  to,  between  common- 
wealth and  state  of  New  Hampshire,  approval,  ratification, 
etc.    .......... 

provision  for  compliance  by  commonwealth  with,  and  for 
further  study  relative  to  such  flood  control  . 

appropriations     ........ 

Merrimack   River   Valley   Flood   Control   Commission,   The, 

creation,  appointment  of  members,  powers,  duties,  etc.  . 

appropriation     ......... 

Merrimack  valley,  so  called,  problems,  certain,  in,  investigation  and 
study  relative  to  .....        Resolve 

Merrimac,  town  of  (see  Cities  and  towns). 

Mesne  process,  attachment  of  motor  vehicles  on,  in  actions  of  con- 
tract, further  regulated  ...... 

See  also  Attachments,  real  estate,  of. 

Meters,  gas,  periodic  replacement  of,  by  municipal  lighting  plants, 
required      ......... 

Methuen,  town  of  (see  Cities  and  towns). 

Methyl  or  wood  alcohol,  so  called,  term  of  licenses  for  dealing  in, 
and  certain  preparations  containing  such  alcohol,  and 
labelling  of  same  ....... 

METROPOLITAN   DISTRICT    COMMISSION: 


in  general,  appropriations 


52 


75 


31 


10 


389 

445 


19 
434 


217a,  Page  610 
163c,  Page  583 


234 
434 


7 
434 
437 

398 

405 
60 
66 

445 


466-529 

469-529; 

Pages  587, 

588 


36b,  Page  584 
3 


1-4 


36q 


403 

1^ 

423 

1-8 

442 

446 

2 

445/ 

190a.  677a, 
Page  611 

403 

1,  3,4 

423 

1-7 

442 

446 

2 

445  190a,  Page  611 

60 

295 

1,2 

40 

1-3 

177 

234 
434 


1,  2 

721-726, 

739-758; 

Page  253 

722-726a, 

739-758a 


Index.  817 


Item  or 
Chap.  Section. 

METROPOLITAN   DISTRICT    COMMISSION  —  Conduced, 
in  general  —  Concluded. 

bridge,   traffic,    bath  house,   recreational   and   other  improve- 
ments within  metropolitan  parks  district,  certain,  investi- 
gation and  study  relative  to,  by    .  .  .    Resolves  54,  75 
Brookline,   town  of,  intersection  of  West  Roxbury  parkway 
and  Grove  street  in,  construction  of  traffic  circle  at,  inves- 
tigation relative  to,  by          ...  .        Resolve       43 

Charles  river  basin,  certain  improvements  in,  establishment  as 
memorials  to  the  late  James  J.  Storrow,  powers  and  duties 
asto  .  .  .  .  .  .  .  .        Resolve       31 

Charles  river  meadows,  so  called,  improvement  of,  investiga- 
tion relative  to,  by       .  .  .  .  .        Resolve       40 

Cochituate,  Lake,  in  town  of  Natick,  powers  as  to  .  .  .     197  1,2 

contracts,  certain,  making  and  awarding  by,  regulated    .  .     352  1 

East  Waushacum  pond  in  town  of  Sterling,  completion  of  di- 
version of  waters  of,  by     .  .  .  .  .  .     225  1,  2 

appropriation      .  .  .  .  .  .  .  .     434  758b,  Page  584 

Malibu  beach  in  Dorchester  district  of  city  of  Boston,  further 

improvements  at,  investigation  relative  to,  by       Resolve       20 
Mystic  river,  bridge  over,  at  Harvard  street  in  Medford  and  at 
River  street  in  Arlington,  construction  by   . 
appropriation       ........ 

Nahant,  town  of,  Bass  Point  section  of,  certain  property  in, 
acquisition    for   recreational   purposes   by,   investigation 
relative  to  ......        Resolve 

north  metropolitan  sewerage  district,   construction  of  addi- 
tional sewers  in,  by  . 
investigation  relative  to,  by,  etc.    .  .  .        Resolve 

pensions,   contributory,  for  employees  of,  investigation  and 
study  relative  to       ....  .        Resolve 

appropriation       ........ 

police  force  of,  call  officers,  establishment  of  reserve  police 
force,  as  afifecting      ....... 

non-contributory  pensions  for,  ultimate  abolition  of,  ad- 
vancement of  date  for        ...... 

regular  force,  appointments  to  ..... 

reserve  force,  establishment,  etc.       ..... 

south  metropolitan  sewerage  district,   construction  of  addi- 
tional sewers  in,  investigation  relative  to,  by,  etc.  Resolve       42 
Veterans  of  Foreign  Wars  Parkway,  so  called,  extension  into 

town  of  Dedham,  investigation  relative  to,  by       Resolve       40 
Watertown,  town  of,  Charles  river  in,  beach  at  location  of  pro- 
posed public  bath  house  on,  construction  by  .  .  .      178 
Wellington  Memorial  Bridge,  tablet  or  marker  to  be  attached 

to,  by 47 

metropolitan  planning,  division  of,  appropriation        .  .     234  747 

METROPOLITAN   DISTRICTS: 

in  general,  hospitals  within,  contracts  with,  by  department  of 
public  health  for  hospitalization  of  patients  with  chronic 
rheumatism  ........     393 

appropriation  ........     445  605b,  Page  610 

Boston  metropolitan  district  (see  Boston  metropolitan  dis- 
trict). 
parks  district,  cities  and  towns  of.  General  Clarence  R.  Edwards 

bridge,  cost  of  maintenance  of,  by,  discontinued      .  .     380 

metropolitan  district  commission,  members  of  reserve  police 

force  of,  to  be  residents  within      .....     416  1 

Mystic  river,  bridge  over,  at  Harvard  street  in  Medford  and  at 
River  street  in  Arlington,  cost  of  maintenance  of,  assess- 
ment upon  municipalities  of  ..... 

sewer  districts,  north  district,  additional  sewers,  construction 
in  .  .  .  . 

investigation  relative  to         ...  .        Resolve 

appropriations  ........ 

south  district,  additional  sewers,  construction  in,  investigation 
relative  to  ......        Resolve 

appropriations         ........ 

water  district,  appropriations       ...... 


432         1-5 
445  726b,  Page  612 

54 
/433 
\446 

42 

1-9 
3 

26 
434 

36f, 

Page  584 

416 

2,4.5 

102 
416 
416 

5 
3,5 
1-5 

432 

5 

/433 
\446 

1-9 

3 

42 

/234 
\434 

750 

750 

42 

/234 

754 

\434 

754 

/234 

755-758 

1434 

758a 

818  Index. 


Item  or 
Chap.  Section. 


METROPOLITAN  DISTRICTS  —  Concluded. 
water  district  —  Concluded. 

Cochituate,  Lake,  in  town  of  Natick,  boating  and  fishing  per- 
mitted in,  until  waters  thereof  are  used  for  water  supply- 
purposes  of  ......._■     197  1 

East  Waushacum  pond  in  town  of  Sterling,  completion  of 
diversion  of  waters  of,  by  metropolitan  district  commis- 
sion, sums  expended  in,  assessment  upon  cities  and  towns 

of .  .  .     225  1.2 

water  supply  system  of,  establishment  within  boundaries  of 
Hampden  county,  certain  litigation  arising  out  of,  reim- 
bursement of  said  county  for  expense  to  it  of  .  .  .     348  1-3 
establishment  within  boundaries  of  Hampshire  county,  cer- 
tain litigation  arising  out  of,  reimbursement  of  said  county 
for  expense  to  it  of       .          .          .          .          .          .          ■     347  1-4 

Metropolitan  district  water  supply  commission,  contracts,  cer- 
tain, making  and  awarding  by,  regulated  .  .  .     352  1,  2 
Quabbin  Park  cemetery  in  town  of  Ware,  trust  funds  for  per- 
petual care  of  lots  in,  powers  and  duties  as  to  .        Resolve       52 
reimbursement  by,  Hampden  county,  of,  for  expense  to  said 
county  of  certain  litigation  arising  out  of  establishment  of 

metropolitan  water  supply  system  within  its  boundaries  .     348  1-3 

Hampshire  county,  of,  for  expense  to  said  county  of  certain 
htigation   arising   out   of   establishment   of   metropolitan 

water  supply  system  within  its  boundaries     .  .       _   .     347  1-4 

Metropolitan  planning,   division  of   (see   Metropolitan  district 
commission) . 

f  234  495— 498a 

Metropolitan  state  hospital,  appropriations        ....  |  434  495.  p^ge  533 

Metropolitan  transit  council,  one  member  of,  to  be  member  of 
special  commission  to  investigate  relative  to  removal  of 
Atlantic  avenue  section,  so  called,  of  elevated  railway 
structure  in  city  of  Boston    ....        Resolve       22 

Metropolitan  water  district  (see  Metropolitan  districts,  water  dis- 
trict). 
Mexican  border  service,  certificates  of  honor,  appropriations 
veterans  of,  widows  of  certain,  eligibility  to  receive  state  aid 
wives  or  widows  of  certain,  burial  at  public  expense 
Middlesex  College,  property,  etc.,  of,  transfer  to  the  Trustees  of 
Middlesex  University  ....... 

MIDDLESEX   COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .  .  •      _    . 

cancer,  institution  for  care  and  treatment  of  persons  sufTering 
from,  estabUshment  and  maintenance  in,  etc.,  investiga- 
tion relative  to    .  .  .  .  .  •        Resolve 

clerk  of  courts,  fifth  assistant,  for,  appointment,  etc.  . 
district  court,  first,  of  eastern  Middlesex,  additional  accommo- 
dations for,  providing  by      .  .  .        _  ■_ 
Lowell,  of,  additional  land  for  purposes  of,  acquisition  by 
registry  of  deeds  for,  southern  district,  recording  in,  of  certain 
certificates  relating  to  sewer  assessments  in  city  of  Melrose 
tax  levy        .          .          .          .          •          .  •     .     •         ,•,,." 

tuberculosis  hospital  district,  hospital  of,  alterations  and  addi- 
tions to,  funds  for,  assessment  of  cost,  etc.     .  .  .     205  1,  2 

Middlesex  turnpike,  old,  so  called,  state  highway  over  route  of, 
from    Lexington    to    Chelmsford    with    connecting    links 
between  Chelmsford  and  Lowell,  investigation  relative 
to       .......  •        Resolve       24 

Middlesex  University,  Trustees  of,  incorporated  with  power  to 

grant  certain  degrees   .......     326  1-7 

Milford,  town  of  (see  Cities  and  towns). 

Military,  aid  (see  State  aid,  military  aid  and  soldiers'  relief). 

expenses,  special,  appropriation       ......     234  135 

I  "'''*  1         Page  250 
in  general,  appropriations       ......  "1434/         112-131; 


234 
273 
273 

135 

1 
2 

326 

6,  7 

320 

1,  2 

35 

158 

1,2 

50 

42 

1-4 
1,2 

58 
320 

5 

2 

Harrison,  John,  lulled  by  lightning  while  in  performance  of 
duty  as  employee  of  military  department  of  common- 
wealth, payment  of  sum  of  money  to  widow  of      Resolve       49 

Hunt,  Gilbert  W.,  former  armorer  at  Lowell  armory,  retire- 
ment allowance  of        ....••  •     356 


Page  585 


Index. 


819 


MILITIA  —  Concluded. 

in  general,  officers  of  Massachusetts  national  guard,  appointment 
of  certain    ......... 

twenty-sixth  division,   Massachusetts  national  guard,  major 
general  commanding,  to  be  member  of  armory  commission 
adjutant  general,  appointment  of    . 

appropriations  ......... 

armory  commission,  to  be  member  of  . 

armories,  appropriations  ....... 

Chicopee,  city  of,  erection  in,  investigation  relative  to    Resolve 
Lawrence,  city  of,  acquisition  of  land  in,  for  purposes  of,  in- 
vestigation relative  to  ....        Resolve 
Melrose,  city  of,  erection  in,  investigation  relative  to     Resolve 
armory  commissioners  (see  Armory  commission;   Armory  com- 
missioners), 
commander-in-chief,  appointment  by,  of  certain  officers  of  Mas- 
sachusetts national  guard      .... 
judge  advocate,  state,  appropriation 
property  and  disbursing  officer,  appropriation 

quartermaster,  state,  appropriations 

armory  commission,  to  be  member  of  . 
superintendent,  armories,  of,  appropriation 

arsenal,  of,  appropriation    ..... 

surgeon,  state,  appropriations  .... 

Milk,  dealers,  bonding  of,  investigation  relative  to  .  .        Resolve 

licensed,  sale  by  certain,  of  milk,  cream  and  certain  milk  prod- 
ucts without  being  licensed  as  hawkers  and  pedlers  . 
production,  sale,  etc.,  of,  and  of  milk  products,  investigation 
relative  to  ......        Resolve 

sale  by  certain  licensed  milk  dealers  without  being  licensed  as 
hawkers  and  pedlers     ....... 

surplus,  so  called,  investigation  relative  to       .  .       Resolve 

See  also  Butter;    Cheese;    Frozen  desserts  and  ice  cream  mix; 
Milk  control  law,  so  called. 
MILK    CONTROL   BOARD: 

appropriations       ......... 

interstate  compacts,  certain,  negotiation  by,  investigation  rela- 
tive to        ......  .       Resolve 

powers  and  duties  further  defined   ...... 

MILK    CONTROL   LAW,    SO    CALLED: 

applicability  ......... 

certified  milk,  applicability  to  .....  . 

co-operative  associations,  etc.  ...... 

cream  used  for  manufacturing  purposes,  applicability  to 
dealers,  co-operative  associations,  etc.,  as  affecting   . 
discrimination  by,  as  to  prices,  etc.,  prohibited 
exemption  of  certain  ....... 

information  by,  to  control  board  ..... 

licenses,  revocation,  suspension,  refusal,  etc. 

payments,  monthly,  by,  to  control  board      .... 

injunctions  under  ........ 

prices  .  .  .  .  .  .  . 

stores,  dealers  selling  only  at,  etc.,  exemption  of        .  .  . 

definition  ......... 

Miller's  river,  sanitary  condition  of,  investigation  relative  to  Resolve 
appropriation  ........ 

trout,  taking  from,  and  its  diverted  waters       .... 

Mill  river,  diversion  of  water  of,  or  altering  of  course  thereof  by  city 
of  Springfield       ........ 

Milton,  town  of  (see  Cities  and  towns). 

Mineral  deeds,  so  called,  inclusion  of,  within  provisions  of  laws  re- 
lating to  promotion  and  sale  of  securities,  investigation 
relative  to  ......        Resolve 

appropriation     ......... 

Minimum  wage,  commission,  appropriations         .... 

establishment,  powers,  duties,  etc.         ..... 

interstate  compact  on,  commission  required  to  be  established 
iinder,  provision  for     ....... 


Chap. 


192 


Item  or 
Section. 


1.2 


300 

1 

192 

1 

J234{ 

108-111; 
Page  250 

[434  111 

Page  585 

300 

1 

/234 
1434 

143,  144 

143 

34 

34 

34 

192 

1.2 

234 

150 

234 

132 

/234 
\434 

137-146 

141-145 

300 

1 

234 

139 

234 

137 

234 

147-149 

68 

214 


214 

68 

/234 
1434 

252,  252a 

252, 252a 

68 

428 

1-11 

428 

10 

428 

10 

428 

8 

428 

10 

428 

8 

428 

7 

428 

3 

428 

6 

428 

4.6 

428 

6 

428 

2 

428 

7,8 

428 

3 

428 

1 

66 

445 

36q 

116 

119 


37 
434  36j, 
234 
401 

404 


1^ 


Page  584 

623-625 

1-3 


820  Index. 


Item  or 
Chap.  Section. 

Minimum  wage  —  Concluded. 

laborers  employed  by  state  department  of  public  works,  for        .     346 
law,  wage  rates  under,  for  women  and  minors,  determination  and 

establishment  of  .......     401  1-3 

matter  of,  consideration  by  commission  on  interstate  co-operation     404  1 

service,  department  of  labor  and  industries,  appropriations  .     234  623-625 

Minors,  alcoholic  beverages  or  alcohol,  sale  or  delivery  to,  penalty    .     424  5 

banks,  closed,  payment  of  dividends  from,  to  certain  .  .170 

employment  of,  conditions  of,  consideration  by  commission  on 

interstate  co-operation  ......     404  1 

guardians  of,  cost  of  appointment,  expenses,  etc.,  payment  by 

insurers  under  workmen's  compensation  law  .  .  .     317 

See  also  Guardians  ad  litem, 
school  attendance,  compulsory,  age  limit  for,  raising  of,  investi- 
gation relative  to  ....  .        Resolve       65 

song  sheets,  so  called,  sale  by  ......       73 

wage,  minimum,  for  (see  Minimum  wage  law). 
See  also  Children. 
Miramichi  pond,  use  of  Wading  river  as  source  of  water  supply  of 

city  of  Attleboro,  as  affecting         .....     149 

f  ''34  516-519 

Monson  state  hospital,  appropriations        .         .         .         .         .  <  ^^^  ^^q 

Montague,  town  of  (see  Cities  and  towns). 
Monterey,  town  of  (see  Cities  and  towns). 

Moose,  damages  caused  by,  payment  by  commonwealth  of,  appro- 
priation  234  293 

Mortgagees,  conditional  sales  of  certain  personal  property  used  in  f  112 

connection  ^vith  real  estate,  validity  as  against  .  .  \  245  1,  2 

Mortgages,  personal  property,  foreclosures  of,  which  hinder  proper 
administration  of  estates  or  certain  trusts,  issuance  of 
temporary  injunctions  by  probate  courts  to  restrain  .     257 

real  estate,  co-operative  bank  loans  secured  by,  differing  from 

ordinary  co-operative  bank  loans  .....     233 

foreclosures  of,  real  estate  acquired  by  savings  banks  and  sav- 
ings departments  of  trust  companies  by,  etc.,  period  of 
time  for  holding  thereof  and  exemption  from  taxation  of 
deposits  invested  in  such  real  estate        ....     274  1,  2 

which  hinder  proper  administration  of  estates  or  certain 
trusts,    issuance    of    temporary   injunctions    by  probate 
courts  to  restrain         .......     257 

investments  in,  by  savings  banks  .  .  .    _   _  .  .     180 

loans  secured  by,  and  insured  by  federal  housing  administrator, 

making  by  banking  institutions  and  insurance  companies     240 
Morticians  (see  Embalming  and  funeral  directing). 
Mothers  with  dependent  children,  aid  to,  borrowing  by  cities  and 

towns  on  account  of     .  .  .  .  .  .  .      107  1-3 

Motor  Truck  Club  of  Massachusetts,  Inc.,  nomination  by,  of 
candidates  for  appointment  to  special  commission  to  sur- 
vey and  study  laws  relating  to  transportation  of  prop- 
erty by  motor  vehicle  ....        Resolve       33 

Motor  Truck  Rate  Bureau  of  Massachusetts,  Inc.,  nomination 
by,  of  candidates  for  appointment  to  special  commission 
to  survey  and  study  laws  relating  to  transportation  of 
property  by  motor  vehicle   ....        Resolve       33 

Motor  trucks  (see  Motor  vehicles,  trucks). 

Motor  vehicle,  commercial,  division  (see  Public  utilities,  depart- 
ment of). 
Motor  vehicle  liability  insurance,  compulsory,  law  as  to  (see 
Motor  vehicles,  liability  for  bodily  injuries,  etc.,  caused 
by,  security  for). 
MOTOR   VEHICLES: 

accident  cases,  service  of  process  on  certain  defendants  in   .  .     387 

See  also,  infra,  tort  actions  arising  out  of  operation  of. 
age,  discrimination  as  to,  in  examinations  of  applicants  for  li- 
censes to  operate,  prohibited  .  .  .    _      .  .     284 
arrest,  warrant  for,  issuance  of  summons  instead  of,  in  certain 

prosecutions  for  violation  of  laws  relative  to  .  .,         .     230  1,  2 

attachment  of,  on  mesne  process  in  actions  of  contract,  further 

regulated 295  1.2 

examinations  of  applicants  for  licenses  to  operate,  discrimination 

as  to  age  in,  prohibited  ......     284 

excise  tax  on  registered,  payment  of,  a  prerequisite  to  registration, 

investigation  relative  to  making    .  .  .        Resolve       58 

fees  for  registration  of  semi-trailer  units  .....     377 


230 

286 

1.2 

/234 

1434 
390 

314 
314 

406 
390 

2,3 

43d 
314 

1.2 

Index.  821 

Item  or 
Chap.  Section. 

MOTOR   VEHICLES  —  Continued. 

fuel  used  in  propelling  (see,  infra,  gasoline,  etc.). 
gasoline  and  certain  other  fuel  used  in  propelling,  excise  tax  on 
sales  of,  portion  of  proceeds  of,  transfer  from  highway  fund 
to  general  fund    ........     443 

reports  and  payments  in  connection  w-ith,  investigation  rela- 
tive to         .  .  .  .  .  .  .        Resolve       58 

insurance  in  relation  to,  compulsory  liability  (see,  infra,  liability 
for  bodily  injuries,  etc.,  caused  by,  security  for), 
premiums  on,  payment  in  instalments  .....     314 

laws  as  to,  violation  of,  certain  prosecutions  for,  issuance  of  sum- 
mons instead  of  warrant  for  arrest  in      . 
letting  of,  on  Lord's  day,  permitted  ..... 

liability  for  bodily  injuries,  etc.,  caused  by,  security  for: 

bonds  and  policies,  appeal,  board  of,  on,  appropriations 

findings,  certain,  by,  relative  to     . 
death,  actions  for,  payment  of  judgment  in  which  is  secured 
by,  time  of  bringing  of,  against  executors  or  administra- 
tors of  deceased  defendants  in        ....  . 

renewal  of,  in  certain  cases,  relative  to       . 
suits  and  actions  by  judgment  creditors  with  respect  to,  cer- 
tain presumptions  in    . 
premiums,  insurance,  payment  in  instalments 
license  to  operate,  examinations  of  applicants  for,  discrimination 

as  to  age  in,  prohibited  ......     284 

revocation  on  conviction  of  operating  negligently  so  that  lives 

or  safety  of  public  might  be  endangered  .  .  .117 

lives  and  safety  of  public,  endangering  by  operation  of,  prose- 
cutions for,  issuance  of  summons  instead  of  warrant  for 

arrest  in 230  1,  2 

revocation  of  licenses  on  conviction  of  .  .  .  .  .117 

Lord's  day,  letting  on,  permitted     ......     286 

mesne  process  in  actions  of  contract,  attachment  on,  of,  further 

regulated    .  .  .  .     _ 295  1,  2 

operation  of,  licenses  for  (see,  supra,  license  to  operate). 

negligently  so  that  lives  or  safety  of  public  might  be  en- 
dangered, prosecutions  for,  issuance  of  summons  instead 
of  warrant  for  arrest  in  .....  .     230  1,  2 

revocation  of  licenses  on  conviction  of        .  .  .  .117 

tort  actions  arising  out  of  (see,  infra,  tort  actions  arising  out  of 
operation  of), 
property,  transporting,  Boston,  in,  for  hire,  certain,  licensing  by 

police  commissioner  for  said  city,  discontinued  .  .      122 

laws  relating  to,  survey  and  study  of   .  .  .        Resolve       33 

appropriation      ........     434    36i,  Page  584 

supervision  and  control  of,  certain  laws  regulating,  exemption 
from,  of  certain  motor  vehicles  owned  by  commonwealth 
and  its  political  subdivisions         .  .  .  .  .     381 

prosecutions  for  v-iolation  of  laws  relative  to,  issuance  of  sum- 
mons instead  of  warrant  for  arrest  in  certain  .  .  .     230  1,  2 
registrar  and  registry  of  (see  Public  works,  department  of). 

registration  of,  appropriations  .  .  .  .  .  .  |  ^^|  pfq 

excise  tax  for  privilege  of  (see,  sup7-a,  excise  tax  on  registered). 

fees  for,  in  case  of  semi-trailer  units      .....     377 

revenues,  certain,  from  registrations,  etc.,  restricting  use  of,  for 

highway   purposes,   proposed   constitutional   amendment 

for,  investigation  and  study  relative  to  .  .        Resolve 

semi-trailer  units,  registration  of,  fees  for  .... 

tax,  excise,  on  (see,  supra,  excise  tax  on  registered), 
tort  actions  arising  out  of  operation  of: 

auditors  in,  in  district  courts,  appointment  of,  investigation 
and  study  relative  to  ...  .        Resolve 

appropriation       ........ 

costs  in  certain,  relative  to  ...... 

filing  in  district  courts  by  plaintiffs  in,  of  claims  of  trial  by 
superior  court,  time  of  ...... 

presumption  as  to  responsibility  of  defendant  in,  for  conduct  of 
operator,  etc.,  of  vehicle  if  registered  in  name  of  defendant 
as  owner     ......... 

service  of  process  on  certain  defendants  in    . 
traflBc  signs,  lights,  etc.,  uniform,  in  connection  with  operation  of, 

providing  for,  investigation  relative  to  .        Resolve       24 


3 
377 

55 

445 
44 

36m 
1.  2 

133 

1,  2 

439 

387 

1.  2 

822  Index. 

Item  or 
Chap.  Section. 

MOTOR   VEHICLES  —  Concluded. 

trailers,  excise  on  registered,  in  lieu  of  local  tax,  investigation 

relative  to  ......        Resolve       58 

trucks,  Boston,  in,  licensing  of  certain,  by  police  commissioner  for 

said  city,  discontinued  ......     122 

supervision  and  control  of  certain  (see  Public  utilities,  depart- 
ment of,  commercial  motor  vehicle  division), 
transportation  and  delivery  of  alcoholic  beverages  or  alcohol  in, 

_  permits  for  ........     418 

violation  of  laws  relative  to,  certain  prosecutions  for,  issuance  of 

summons  instead  of  warrant  for  arrest  in  .  .  .     230  1,  2 

See  also  Aircraft. 
Mount  Greylock  war  memorial,  maintenance  of,  appropriation    .     234  169 

Municipal  courts  (see  District  courts). 
MUNICIPAL   FINANCE: 

accounts,  auditing  and  installing  of,  appropriations  .  .  .     234  327,  328 

appropriations,  Barnstable  county,  towns  in,  by,  for  stocking 
inland  waters  in  such  towns  with  fish  and  for  liberating 
game  therein        .  .  .  .  .  .  .  .18  1,2 

eyeglasses  and  spectacles  for  needy  school  children  .  .     185 

reserve  funds,  for,  by  cities  ......       34 

unemployment  funds,  temporary  emergency,  for,  in  towns     .         4 
war  veterans'  organizations,  incorporated,   headquarters  for 

local  posts  of,  for  providing  .....     255 

borrowing  of  money,   federal   emergency  unemployment  relief 

projects,  on  account  of  .  .  .  .  .        ■  .     107  1-3 

public  welfare  and  soldiers'  benefits,  on  account  of  .  .107  1-3 

emergency  finance  board  (see  Emergency  finance  board). 

f    3   12 
expenditures,  public,  and  taxation,  problems  of ,  investigation  J  ^^'  go' 

and  study  of,  by  special  commission       .  Resolves  1      '   ro 

extraordinary  or  unforeseen  expenditures,  establishment  of  re- 
serve funds  for,  by  cities,  appropriations  for   .  .  .       34 
loans  (see,  supra,  borrowing  of  money). 

reserve  funds,  establishment  by  cities,  appropriations  for  .  .       34 

revenue  loans  (see,  supra,  borrowing  of  money), 
taxes,  and  charges  due  from  cities  and  towns  to  commonwealth, 

warrants  for,  payment,  etc.  .....     444  2-4 

corporation,  certain,  distribution  to  cities  and  towns      .  .     108  1,  3 

See  also  Taxation,  local  taxes. 
See  also  City  and  town  treasurers. 
Municipal  lighting  plants,  meters  for  measuring  gas,  periodic  re- 
placement by       .  .  .  .  .  .  .  .40  1-3 

sale,  installation  and  servicing  of  certain  merchandise,  equip- 
ment, utensils  and  chattels  by  municipalities  maintaining     235  1,  2 
MUNICIPAL   OFFICERS   AND   EMPLOYEES: 
in  general,  accounts  of  (see  Municipal  finance). 

civil  service  laws,  as  affecting  (see  Civil  service  laws). 
confidential  secretaries,  appointment  and  removal  by  officers, 
etc.,  appointed  by  governor  and  havang  supervision  and 
control  of  municipal  departments,  etc.   ....     414  2 

election  of  (see  Elections). 

pensions   and   retirement   allowances,   non-contributory,    for, 

ultimate  abolition  of,  advancement  of  date  for         .  .     102  1-3,  7-10 

See  also  Retirement  systems  and  pensions, 
employees,  vacations  for  certain      ......       15 

officers,  bonds  of  certain,  giving,  etc.        .....     143  1-5 

election  by  proportional  representation  and  preferential  voting     345 
state  aid,  military  aid  and  soldiers'  relief,  names  of  recipients 

of,  restrictions  as  to  disclosure  by  .  .  .  .  .     196 

See  also  specific  titles  of  officers,  etc. 
Murphy,  Francis  S.,  parents  of,  of  Melrose,  payment  by  common- 
wealth of  sum  of  money  t  >  .  .  .  .        Resolve       48 

Timothy  H.,  temporary  reinstatement  as  emplos'ee  of  city  of 

Worcester  for  sole  purpose  of  being  retired        .  .  .     254  1,  2 

Music  (see  Song  sheets,  so  called). 
Musical  instruments,  tax  exemption  .....     132 

Muskegat  island,  fisheries  in  coastal  waters  adjacent  to,  etc.,  fur- 
ther protection  of         .......       49  1-7 

Musquashiat  pond,  sometimes  called  Musquashcut  pond,  in  town 
of  Scituate,  investigation  relative  to  improvement  of  con- 
ditions at   .  .  .  .  .  .  .        Resolve       13 

appropriation 434    36c,  Page  584 


Index. 


823 


Mutual  insurance  companies  (see  Insurance  companies). 
Mystic  river,  bridge  over,  between  cities  of  Somerville  and  Medford, 
designated  as  Wellington  Memorial  Bridge 
between  city  of  Medford  and  town  of  Arlington,  construction  of 
appropriation  ........ 

sanitary  condition  of,  investigation  relative  to  .        Resolve 

appropriation  ........ 

valley  of,  additional  sewers  in,  construction,  etc. 


Item  or 

liap. 

Section. 

47 

432 

1-5 

445  726b,  Page  612 

66 

445 

36q 

433 

1-9 

446 

3 

N. 

Nahant,  town  of  (see  Cities  and  towns). 

Nantasket  beach  reservation,  maintenance  of,  appropriations 

Nantucket,  sound,  at  entrance  to  Witchmere  harbor  in  town  of  Har- 
wich,  improvements    in,   investigation    relative    to    cer- 
tain  ........       Resolve 

appropriation  ........ 

town  of  (see  Cities  and  towns). 
NANTUCKET    COUNTY: 
quail,  hunting  in  . 

rabbits,  hunting  or  possession  of,  in 

Nashua  river,  sanitary  condition  of,  investigation  relative  to  Resolve 
appropriation     ......... 

Natick,  town  of  (see  Cities  and  towns). 
National  banks  (see  Banks  and  banking). 
National  conventions  (see  Elections,  conventions). 
National  guard  (see  Militia). 
NATIONAL   INDUSTRIAL   RECOVERY   ACT: 

Boston,  city  of,  securing  by,  of  benefits  of,  for  carrying  out  certain 
subway  project,  extension   of  provisions   of   certain   en- 
abling act  relative  to  ...... 

See  also  Federal  emergency  laws. 
National  labor  relations  act,   unfair  labor  practices  subject  to, 

state  labor  relations  act  not  to  be  deemed  applicable  to 
Nautical    school,    Massachusetts    (see    Massachusetts    nautical 

school). 
Nazi,    etc.,    organizations,    activities    of,    investigation    relative 
to       .......  .        Resolve 

appropriation     ......... 

Necessaries  of  life,  division  on  (see  Labor  and  industries,  depart- 
ment of). 
Needham,  town  of  (see  Cities  and  towns). 
Needy  persons  (see  Poor  and  indigent  persons). 
Negotiable  instruments,  fraudulent  drawing,  etc.,  of  checks,  drafts, 

etc.     . 

Neponset  river,  part  of,  in  towTi  of  Norwood,  dredging  and  deepen- 
ing channel  ol,  or  altering  course  thereof,  investigation 
relative  to  .  .  .  .  .  .  .        Resolve 

appropriation  ....... 

sanitary  condition  of,  investigation  relative  to  .  .        Resolve 

iippropriation  ....... 

New  Bedford,  city  of  (see  Cities  and  towns), 
harbor,  harbor  lines  in,  relocation  of  certain 
Police  Association,  increased  benefits,  payment  by    . 
state  pier,  increasing  facilities  of,  investigation  relative  to  Resolve 

operation  and  maintenance  of,  appropriation 
textile  school,  appropriation   ...... 

Newburyport,  city  of  (see  Cities  and  towns). 
Newbury,  town  of  (see  Cities  and  towns). 
New  England  Council,  contributions  to,  by  Massachusetts  develop 
ment  and  industrial  commission     .... 

New  Hampshire,  state  of,  Connecticut  river  valley,  flood  control 
in,  compact  relative  to,  between  commonwealth  and,  etc., 
approval,  ratification,  etc.     ..... 

provision  for  compliance  by  commonwealth  with,  and  for  fur- 
ther study  relative  to  such  flood  control 

appropriations         ....... 


r234 
1434 


69 
445 


167 
172 
316 
66 
445 


748 
748 


36t,  Page  610 


36q 


159 

1.  2 

436 

14 

32 
434  36h, 

Page  684 

99 


21 

434  36e, 

Page  584 

66 

445 

36q 

127 

1.2 

141 

74 

234 

688 

234 

396 

427 


402 

1-4 

397 

1-8 

441 

446 

1 

445  { 

190b, 

677a, 

Page  611 

824  Index. 


Item  or 
Chap.  Section. 


New  Hampshire,  state  of  —  Concluded. 

Merrimack  river  valley,  flood  control  in,  compact  relative  to, 

between  commonwealth  and,  approval,  ratification,  etc.  .     40.3  1-4 

provision  for  compliance  by  commonwealth  with,  and  for  fur-  I  ^^2 

ther  study  relative  to  such  flood  control  .  .  .1  ^^  2 

.,,/    190a,  677a, 
appropriations         ........     440  \         Page  611 

Newspapers,  dentists,  dental  hygienists  and  other  persons  practicing 

dentistry,  advertising  by,  in,  restricted  .  .  .     253 

discrimination  against  certain  persons  in  employment  on  ac- 
count of  their  age,  certain  findings,  etc.,  in  connection  with, 
publication  in      .  .  .  .  .  .  •  •     367  2 

eyeglasses,  lenses  or  eyeglass  frames,  sale  of,  advertising  as  to,  in, 

restricted    .........     287  1,  2 

Newton,  city  of  (see  Cities  and  towns). 

New  York,  city  of.  World's  Fair  to  be  held  in,  in  year  1939,  par- 
ticipation by  commonwealth  in,  investigation  relative 
to       .......  •        Resolve       17 

appropriation •     434  36d,  Page  584 

New  Haven  and  Hartford  Railroad  Company,  nomination  by, 

etc.,  of  candidates  for  appointment  to  special  comrnission 

to  survey  and  study  laws  relating  to  transportation  of 

property  by  motor  vehicle    ....        Resolve       33 

railroad  service  by,  in  towns  of  Marshfield  and  Duxbury,  cost 

of,  contributions  toward,  by  said  towns  ....     354  1,  2 

Noble,  Thomas  Tertius,  conveyance  to,  by  town  of  Rockport  of 
portion  of  Old  Garden  Beach  Landing,  so  called,  in  said 

town 110  1.2 

Nomination  of  candidates  (see  Elections). 

Non-residents,  motor  vehicle  accident  cases,  as  defendants  in,  serv- 
ice of  process  on  ......  •     387 

NORFOLK    COUNTY: 

agricultural  school,  income  received  at,  disposition  of 
appropriations  for  maintenance  of,  etc.    ..... 

deer,  open  season  on,  abolished  in  . 

district  court,  east  Norfolk,  of,  at  Quincy,  adequate  accommo- 
dations for,  providing  by       .  .  .  .  .  • 

northern  Norfolk,  of,  at  Dedham,  adequate  accommodations 
for,  providing  by  ....••  ■ 

tax  levy        .......... 

tuberculosis  hospital,  land,  certain,  acquisition  for  purposes  of   . 
Norfolk,  town  of  (see  Cities  and  towns). 
North  Adams,  city  of  (see  Cities  and  towns). 

state  teachers  college  (see  State  teachers  colleges). 
Northampton,  city  of  (see  Cities  and  towns). 

X  X    1,       •!  1  •  +•  /234  499-503 

state  hospital,  appropriations  .  .  .  .  .  .  <  ^^^  ^gg   503a 

Street  Railway  Company,  bridge  now  or  formerly  owned  by,  over 
Connecticut   river   between    Northampton   and   Hadley, 

purchase  by  Hampshire  county      .  .  .  .  .155  1,  3,  4 

North  Andover,  town  of  (see  Cities  and  towns). 
Northbridge,  town  of  (see  Cities  and  towns). 
Northern  Artery,  so  called,  state  highway,  maintenance,  etc.,  as  a, 

investigation  relative  to         .           .           .           .    _   Resolve       24 
traffic  improvements  pertaining  to,  certain  proposed,  investiga- 
tion relative  to Resolve       24 

Northern  Norfolk,  district  court  of,  at  Dedham,  adequate  accom- 
modations for     .  .  .  .  .  ...     100  1—4 

North  metropolitan  sewerage  system  (see  Metropolitan  districts, 

sewer  districts).  ,  „   „„„ 

r  234  628-632 

North  Reading,  state  sanatorium,  appropriations  .  .  .  .  \  434         /  628,  630; 

\  \  Page  588 

town  of  (see  Cities  and  towns). 
North  Shore  road,  Lynn,  Revere  and  East  Boston,  in,  lighting  of, 

investigation  relative  to         ...  .        Resolve       24 

Norwood,  town  of  (see  Cities  and  towns). 
Notes,  cities,  towns  and  districts,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 
Notices  (see  titles  of  specific  proceedings). 
Nuisances,  boards  of  health,  decisions  of,  with  respect  to,  appeals 

from  .....••••     278 


320 
243 

1,  2 
1,  2 

100 

1-4 

100 
320 
330 

1-4 

2 

1-3 

Index.  825 

Item  or 
Chap.  Section. 

Nurses,  army,  non-contributory  pensions  and  retirement  allowances 

for,  ultimate  abolition  of,  advancement  of  date  for   .  .     102  3 

board  of  registration  of  (see  Civil  service  and  registration,  de- 
partment of). 

o. 

Oak  Bluffs,  town  of  (see  Cities  and  towns). 

Occupational  diseases,    prevention   and   control   of,   investigation 

and  study  relative  to   .  .  .  .  .        Resolve       46 

prevention  of,  rules  and  regulations  for,  making  by  department  of 

labor  and  industries      .......     249 

Occupational  hygiene,   division  of    (see   Labor  and  industries, 

department  of). 
O'Donnell,  Johanna,  estate  of,  balance  of,  which  has  escheated  to 

commonwealth,  payment  from  state  treasury  of     Resolve       39 
Offal  and  other  offensive  substances,   removal,   transportation 

and  disposal  further  regulated        .....     282 

Offensive  substances,  garbage,  offal  and  other,  removal,  transpor- 
tation and  disposal  further  regulated      ....     282 

Office  hours,  state  departments,  of       .....  .     430 

Officers,  county  (see  Counties,  officers  and  employees  of). 
court  (see  Court  officers). 
general  court  (see  General  court), 
militia  (see  Militia). 

municipal  (see  Municipal  officers  and  employees), 
police  (see  Police  officers), 
probation  (see  Probation  officers), 
state  (see  Commonwealth,  officers  and  employees  of). 
Oil,  fuel,  dealers  in  certain,  exemption  of  certain,  from  provisions  of 

law  relating  to  hawkers  and  pedlers        ....     333 

Old  age  assistance,  so  called,  administration  of  law  providing  for, 
appropriations     ........ 

amounts,  deductions,  etc.        ....... 

appeals  in  matters  relating  to  ...... 

borrowing  of  money  on  account  of,  by  cities  and  towns 
changes  in  law  providing  for  ....... 

children,  support  of  parents  by,  criminal  liability,  actions  to  en- 
force, in  connection  with  granting  of       . 
recipients  of,  permitted  to  leave  commonwealth  without  suspen- 
sion of  such  assistance 
resources  of  applicants,  consideration  of,  etc.   .... 

Old  Colony  parkway,   Dorchester  district  of  city  of  Boston,  in, 
Malibu  beach  near,  further  improvements  at,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve       20 

Old  Colony  Railroad  Company,  property  of,  adjoining  state  pier 
at  New  Bedford,   acquisition  for  purposes  of  said   pier, 
investigation  relative  to         ...  .        Resolve       74 

Old  provincial  state  house,  appiopriation  .....     234  191 

One  day's  rest  in  seven  law,  so  called,  provisions  of,  made  appli- 
cable to  restaurants      .......     221 

Optometry  (see  Eyeglasses). 

board  of  registration  in  (see  Civil  service  and  registration,  de- 
partment of). 
Organizations  (see  Corporations;   Fraternal  benefit  societies). 
Orleans,  town  of  (see  Cities  and  towns). 
Otis,  town  of  (see  Cities  and  towns). 
Otter  trawls  (see  Fish  and  fisheries,  marine). 

Outdoor  sports  and  recreation,  equipment  and  accessories,  cer- 
tain, for  personal  use  in  connection  ^vith,  letting  of,  on 
trains  on  Lord's  Day,  permitted    .....     286 

Out-of-state    probationer   and   parolee    supervision    law,    so 

called         .  .  ;.•.•.■  •  .307  1,  2 

Oyster  pond,  Edgartown,  in,  fishing  in,  without  license,  permitted    .     152  1,  2 

Oysters  (see  Fish  and  fisheries,  marine,  shellfish). 


Package  stores,  so  called  (see  Alcoholic  beverages). 
Padanaram,  harbor  at,  in  town  of  Dartmouth,  improvements  in, 

investigation  relative  to  certain     .  .  .        Resolve       69 

appropriation    .........     445  36t,  Page  610 


234 

569,  570 

440 

1-3 

440 

3 

107 

1-3 

440 

1-3 

440 

2 

165 

440 

1-3 

826  Index. 

Item  or 
Chap.  Section. 

Pages,  general  court  (see  General  court). 
Palmer,  town  of  (see  Cities  and  towns). 

Pamphlet  edition,  acts  and  resolves,  appropriation  .     234  201 

Paper,  purchase  of,  appropriations       ......     234  154;  Page  251 

Pardons,  advisory  board  of  (see  Correction,  department  of). 
PARENT   AND    CHILD: 

prematurely  born,  infants,  care  of  certain,  rights  and  obligations 

of  parents  as  to  .  .  .  .  .  .  _        .  •     332 

support  of  parents  by  children,  criminal  liability,  actions  to  en- 
force, in  connection  with  granting  of  old  age  assistance, 

so  called .     440  2 

Pari-mutuel  system  of  wagering  (see  Horse  racing  meetings  con- 
ducted under  pari-mutuel  system  of  wagering). 
^     ,  .  ,.  •   .  w  (234  740;  Page  253 

Park  reservations,  metropolitan,  maintenance,  appropriations       .  <.  ^g^  ^^q 

parks,  division  of,  under  control  of,  hunting  within  boundaries 

of 89  1,2 

„  ,.  ,  „       ^  ..  •.  r  •  .•  (234  282;  Page  251 

Salisbury  Beach  reservation,  maintenance  of,  appropriations     .  <,  ^g^  282   282a 

Parks,  division  of  (see  Conservation,  department  of). 

Parkways  (see  Boulevards  and  parkways). 

Parole,  board,  creation,  powers,  duties,  etc.  .  .  .  . 

interstate  rendition,  uniform  law  as  to,  powers  and  duties  under 
interstate  supervision  of  probationers  and  parolees,  compacts 
for,  powers  and  duties  under  ..... 

board  of,  abolished,  and  succeeded  by  a  parole  board 

appropriations  ......... 

boys',  department  of  public  welfare,  appropriations 

girls',  department  of  public  welfare,  appropriations  . 

interstate  rendition    of    persons  charged  with    having    broken 

terms  of,  uniform  law  as  to  . 
interstate  supervision  of  persons  released  on,  compacts  for  . 
Partnerships,  income  received  by,  taxation  of        .  . 

See  also  Associations,  partnerships  and  trusts  having  transferable 
shares. 
Party   primaries   and   pre-primary   conventions   of   political)  „o.  2   2 

parties,   law  providing  for,  repealed  and  certain  other  >  .„g  ' 

laws  revived  and  continued  in  force        .  .  .  .J 

See  also  Elections. 
Paskamansett  river,  mouth  of,  in  town  of  Dartmouth,  improve- 
ments at,  investigation  relative  to  certain        .        Resolve       69 

appropriation 445  36t,  Page  610 

Patent  and  proprietary  medicines,  sale  of  certain,  further  regu- 
lated   343  4 

Peabody,  city  of  (see  Cities  and  towns). 

Pedlers  (see  Hawkers  and  pedlers). 

PENAL   AND   REFORMATORY   INSTITUTIONS: 

in  general,  escapes  of  prisoners  from,  proceedings  upon,  under 

uniform  criminal  interstate  rendition  law         .  .  .     304  1-3 

imprisonment  for  five  years  or  more  in,  constituted  as  a  cause 

for  divorce  .  .  .  .  .  .  .  .76  1,2 

commonwealth,  of,  in  general,  warden  and  superintendents  of, 

parole  board,  meetings  of,  attendance  by,  etc.      .  .     399  2 

powers  and  duties  of,  under  uniform  criminal  interstate 

rendition  law 304     1,  Subs.  20L 

XT  ^  ,  .  •  .•  /234  547-549 

Massachusetts  reformatory,  appropriations  .  .  .  .  j  ^3^  547 

I  234  550—554 

reformatory  for  women,  appropriations  .  .  .  .  |  434  55Q .  p^ge  588 

,  ,    ,  .  ,.  /234         '    539-545 

state  farm,  appropriations  .  .  .  .  .  .  .  1 434  539 

defective  delinquent'departments  of,  permits  to  be  at  liberty 

from  .  .' .399  2 

officers,  subordinate,  of,  required  to  take  and  subscribe  to 

certain  oaths  of  office  .  .  .  .  .  .  .20  1,2 

+  *        •  •  .•  /234  546 

state  prison,  appropriations  .  .  .  .  .  .  1 434  545 

Kinzler,  Theodore,  who  died  as  result  of  injuries  sustained 
at,  payment  by  commonwealth  of  sum  of  money  to 
mother  of  .  .  .  .  .  .  .       Resolve       60 


399 

1-6 

304 

1,  Subs.  20L 

307 

1 

399 

1-6 

234 

532 

434 

532 

445 

532 

234 

577-579 

434 

578 

234 

580,  581 

434 

581 

304 

1-3 

307 

1.  2 

395 

1 

Index.  827 

Item  or 
Chap.  Section. 

PENAL    AND    REFORMATORY    INSTITUTIONS  —  CowcZwdcd. 
commonwealth,  of  —  Concluded. 

state  prison  colony,  appropriations        .....     234  555, 556 

land,  certain,  in  town  of  Norfolk  used  for  purposes  of,  sale 

by  commissioner  of  correction        .....     200 

counties,  of,  jails,  interstate  rendition,  uniform  law  as  to,  con- 
finement of  prisoners  under,  in       ....  .     304        1,  Subs.  20 

masters,  jailers  or  keepers  of,  to  give  bond  annually  .  219  6 

Plymouth  county,  jail  and  house  of  correction  for,  making  of 

certain  improvements  at       .  .  .  .  .  .62  1-4 

Pensions  (see  Retirement  systems  and  pensions). 

state  aid  and,  commissioner  of  (see  State  aid  and  pensions,  com- 
missioner of). 
Perch,  white  (see  Fish  and  fisheries,  marine). 
Permits  (see  Licenses  and  permits). 
Personal  injuries,  compensation  of  certain  public  employees  for,  (234  732 

appropriations _.  .        _.  1 434  732,  Page  583 

motor  vehicles,  caused  by,  security  for  payment  of  judgments  in 
actions  for  (see  Motor  vehicles,  liability  for  bodily  injuries, 
etc.,  caused  by,  security  for). 
See  aho  Workmen's  compensation. 
Personal  property,  attachment  of  (see  Attachment). 

conditional  sales  of  certain,  contracts  of,  with  respect  to  house- 
hold furniture  or  household  or  personal  effects  except 
jewelry  .  .  .  .  .  .  .     315 

used  in  connection  with  real  estate,  validity  as  against  mort-  f  112 

gagees,  purchasers  or  grantees  of  such  real  estate     .  .  \  245  1,2 

mortgages  of  (see  Mortgages), 
tangible,  exemption  from  local  taxation  .....     132 

Pests,  insect,  elimination  and  suppression  pf  .  .  .  .     415  1-11 

Petroleum  and  petroleum  products  (see  Gasoline;   Oils,  fuel). 

Pharmacists,  assistants,  drug  business,  not  to  engage  in,  etc.    .  .     343  1 

privileges  of  registered  pharmacist,  to  have,  during  temporary 

absence  of  latter,  etc.  .......     343  1,  3 

rioles  and  regulations  of  board  of  registration  in  pharmacy,  viola- 
tion by,  hearing  of  complaints  as  to,  etc.  .  .     343  2 
Pharmacy,  board  of  registration  in  (see  Civil  service  and  registra- 
tion, department  of). 
rules  and  regulations  as  to,  by  board  of  registration  in  pharmacy  .     '343                2,  5,  6 
See  also  Pharmacists. 
Phrases  (see  Words  and  phrases). 

Physically  handicapped  children,  education  of  certain,  by  cities 
and  towns,  state  reimbursement  for,  investigation  relative 
to       .......  .        Resolve       38 

appropriation .     434   361,  Page  584 

Physicians,  cities  and  towns,  contracts  or  agreements  by,  ■n^th,  for 

furnishing  medical  attendance  to  needy  persons       .          .       86 
infants,  prematurely  born,  care  of  certain,  duties  as  to          .          .     332 
lung  diseases  other  than  recognizable  tuberculosis,  certain  pa- 
tients with,  admission  to  state  sanatoria  and  county  tu- 
berculosis hospitals  for  purposes  of  diagnosis  and  observa- 
tion upon  written  application  of    .                    .          .          .     392 
Pier,  Gloucester  harbor,  in,  construction  and  leasing  by  common- 
wealth          29  1.2 

See  also  New  Bedford  state  pier. 
Pistols,  unlawfully  carrjnng,  penalty  for         ....  .     250  1,  2 

See  also  Firearms:    Weapons. 
Pittsfield,  Associated  Charities  of  (see  Associated  Charities  of  Pitts- 
field), 
city  of  (see  Cities  and  towns). 
Plan  B,  standard  form  of  city  charter  known  as,  city  council  in,  filling 

of  vacancies  in     .......  .     224  1-3 

Plan  E,  standard  form  of  city  charter  to  be  known  as,  investigation 

relative  to  ......        Resolve       76 

PLANNING   BOARD,    STATE: 

•     •  f '>34  172    173 

appropriations |  ^^^  ^-,2^  173 

chairman  of,  Merrimack  Valley,  so  called,  .special  commission  to 
investigate  relative  to  certain  problems  in,  to  be  member 
of       .......  .        Resolve       60 

Connecticut  River  valley,  flood  control  in,  compact  relative  to, 
between  commonwealth  and  states  of  Connecticut,  New 
Hampshire  and  Vermont,  powers  and  duties  as  to     .  .     402  1,2 

study,  further,  relative  to,  by  .  .  .  .  .  .     397  8 


320 

1.  2 

63 

1-4 

62 

1-4 

320 

2 

61 

1-3 

429 

Subs.  144 

368 

1.  2 

/234 
\434 

180 

180 

828  Index. 

Item  or 
Chap.  Section. 

PLANNING    BOARD,    STATE  —  Concluded. 

interstate  co-operation,  commission  on,  membership  on,  by  chair- 
man or  a  member  of,  etc.      ......     404  1 

Merrimack  River  valley,  flood  control  in,  compact  relative  to, 
between  commonwealth  and  state  of  New  Hampshire, 
powers  and  duties  as  to  .  .  .  .  .  .     403  1,  2 

studj',  further,  relative  to,  by  .  .  .  .  .  .     423  8 

Plant  pest  control,  division  of  (see  Agriculture,  department  of). 
Plate  glass  insurance,  so  called,  coverage  of  policies  of  .     261 

Plumbers,  state  examiners  of  (see  Civil  service  and  registration, 

department  of). 
Plumbing  goods,  conditional  sales  of  .  .  .  .  .  .     245  1,  2 

PLYMOUTH    COUNTY: 

appropriations  for  maintenance  of,  etc.    .... 

district  court,  second,  of,  acquisition  of  property  for  use  of  . 
jail  and  house  of  correction,  making  of  certain  improvements  at 
tax  levy        ......... 

tuberculosis  hospital,  improvements,  certain,  at 
Plymouth,  town  of  (see  Cities  and  towns). 
Podiatry  (see  Chiropody  (podiatry),  board  of  registration  in). 
Poisons,  manufacture,  etc.,  by  industrial  homework,  prohibited 

See  also  Methyl  or  wood  alcohol,  so  called. 
POLICE   OFFICERS: 

Adams,  pensioning  by,  of  Edward  H.  Cassidy,  former  member  of 

its  police  force 299  1,  2 

Boston,  Daniel  J.  McDonald,  former  police  ofBcer  of,  pensioning 
of 

capitol  police,  appropriations  ...... 

Chelmsford,  chief  of  police,  office  of,  and  positions  of  members 
of  regular  and  permanent  police  force  placed  under  civil 
service  laws  .  .  .  .  .  .  .  .48  1,2 

Dracut,  police  department,  civil  service  laws  applicable  to,  vote  of 

town  by  which  it  revoked  its  acceptance  of,  validated        .       32  1-3 

Holliston,  chief  of  police,  office  placed  under     ....         8  1,  2 

interstate  rendition,  criminal,  uniform  law  as  to,  powers  and 

duties  under         ........     304  1 

Lynn,  Roger  Dwyer,  former  police  officer  of,  widow  of,  payment 

of  an  annuity  to,  by  said  city         .....      193  1,  2 

Medfield,  chief  of  police,  office  placed  under  ci\dl  service  laws       .31  1,2 

Medway,  chief  of  police,  office  placed  under  civil  service  laws     .5  1,  2 

metropolitan  district  commission,  of  (see  Metropolitan  district 
commission) . 

Milton,  widows  of,  members  of  police  force  of,  killed  or  dying 
from  injuries  received  in  performance  of  duty,  amount  of 
certain  annual  allowances  payable  to,  increased        .  .231  1,  2 

Nantucket,  Samuel  T.  Burgess,  former  police  officer  of,  widow  of, 

payment  of  an  annuity  to,  by  said  town  .  .  .     242  1,  2 

North  Andover,  chief  of  police,  office  placed  under  civil  service 

laws .  •        .  •  ■         ''  1'  2 

Northbridge,  chief  of  police,  office  placed  under  ci\'il  service  laws       12  1,  2 

one  day  off  in  every  seven  days  for,  in  certain  cities  and  towns      .85  1,2 

pensions,  non-contributory,  for,  ultimate  abolition  of,  advance- 
ment of  date  for 102  5,  9 

Pittsfield,  certain  drivers  of  patrol  wagons  and  ambulances  of 
police  department  of,  transferred  to  rank  of  regular  oSicers 
of  said  department        ....... 

Plymouth,  pensioning  by,  of  Lincoln  S.  Wixon,  former  member  of 
its  police  force     ........ 

private  police  and  detective  activity  in  labor  disputes,  etc.,  cer- 
tain forms  of,  regulated         ...... 

state,  retired,  compensation,  appropriations 

See  also  Public  safety,  department  of. 

states,  other,  of,  extra-territorial  arrest  on  fresh  pursuit,  uniform 
law  as  to,  powers  and  duties  under  .  .      _     . 

Tewksbury,  chief  of  police,  office  placed  under  civil  service  laws  . 

Westwood,  chief  of  police,  office  of,  and  positions  of  members 
of  regular  or  permanent  police  force  of,  placed  under  civil 
service  laws  ........ 

Weymouth,  police  department,  retirement  of  permanent  mem- 
bers of,  and  validation  of  certain  action  taken  by  said 
town  and  its  officials  in  relation  thereto 


272 

1.2 

60 

1,  2 

437 
r234 
\434 

1-3 
730 
730 

208 
2 

1 
1.2 

30 

1.2 

70 

1.2 

Index.  829 

Item  or 
Chap.  Section. 

Police  patrol,  state  (see  Public  safety,  department  of:  divisions 
of:    state  police). 

Police,  state,  division  of  (see  Public  safety,  department  of). 

Police  stations,  lockups  and  houses  of  detention,  confinement 
of  prisoners  in,  under  uniform  criminal  interstate  rendi- 
tion law 304        1,  Subs.  20 

Policies  of  insurance  (see  Insurance). 

Political  committees  (see  Elections,  political  committees). 

Political  conventions  (see  Elections,  conventions). 

Political  parties  (see  Elections). 

Polling  places  (see  Elections). 

Poll  taxes,  annual  listing  of  male  persons  seventy  years  of  age  or 
older,   continuance  of,   notwithstanding  their  exemption 
from  payment  of  .......  1  1,  2 

number  assessed,  returns  of,  by  registrars  of  voters  to  state  secre- 
tary and  by  him  to  general  court,  discontinued  .  .21  1,2 

Ponds  (see  Waters  and  waterways). 

Pondville  hospital  at  Norfolk,  appropriations      .  .  .         .  /  ?2f  ^^^"^12 

( 4o4  boo 

Poor  and  indigent  persons,  eyeglasses  and  spectacles  for  needy 

school  children,  appropriations  for,  by  cities  and  towns      .     185 
medical  attendance,  furnishing  to    .  .  .  .  .  .86 

relief,  public,  receiving,  may  be  required  to  work  in  return  therefor     113 
settlement,  care  of  certain  infants  prematurely  born,  as  affecting     332 
support  of,  applicants  in  cities  and  in  certain  towns  to  be  inter- 
viewed privately,  etc.  .......     277 

liability  to  cities  and  towns  of  persons  supported  and  their 

estates  for  ........     125 

See  also  Old  age  assistance,  so  called. 
Poor  debtor  proceedings  (see  Supplementary  proceedings  in  civil 

actions). 
Portable  or  sectional  buildings,  so  called,  conditional  sales  of     .     245  1,  2 

Port  Authority,   Boston,   functions  and  problems  of,  and  other 
related    matters,  study  by   special    commission   relative 
to       .......  .        Resolve       57 

appropriation     .........     445  36n 

Postmaster,  general  court  (see  General  court). 
PRACTICE    IN    CIVIL   ACTIONS: 

attachments,  personal  property,  of,  appointment  of  keepers        .     308 

real  estate,  of,  affecting  registered  land,  relative  to         .  .     144  1,  2 

continuances  of  certain  motor  vehicle  cases       ....     387 

costs,  actions  of  tort  arising  out  of  operation  of  motor  vehicles, 

certain,  in,  relative  to  ......       44  1,2 

keepers,  actions  in  which  appointed,  in  ...  .     308 

district  courts,  in,  certain  matters  relating  to,  investigation  and 

study  of      ......  .   Resolves  55,  56 

appropriation  ........     445  36m 

entry  fee  in  supplementary  proceedings  reduced         .  .  .     188 

executors  and  administrators  of  deceased  defendants  in  personal 
actions  the  cause  of  which  sur\'ives,  citation  of,  and  time 
of  bringing  certain  of  such  actions  against  executors  and 
administrators     ........     406  1-3 

keepers  of  personal  property  which  has  been  attached,  appoint- 
ment of       .  •.-..•  •  ■  •  •  •     308 
limitation  of  actions  (see  Limitation  of  actions), 
motor  vehicle  accident  cases,  service  of  process  on  certain  de- 
fendants in           ........     387 

See  also,  infra,  tort  actions  arising  out  of  operation  of  motor 

vehicles. 

service  of  process,  exemption  from,  of  witnesses  under  uniform 

law   to   secure   attendance  of  witnesses  from   without   a 

state  in  criminal  proceedings  ..... 

motor  vehicle  accident  cases,  in,  on  certain  defendants  therein  . 
small  claims  procedure  made  more  effective      .... 

supplementary  proceedings,  entry  fee  for,  reduced 
tort  actions  arising  out  of  operation  of  motor  vehicles,  costs  in 
certain,  relative  to        ......  . 

filing  in  district  courts  by  plaintiffs  in,  of  claims  of  trial  by 
superior  court,  time  of  ...... 

presumption  as  to  responsibility  of  defendant  in,  for  conduct  of 
operator,  etc.,  of  vehicle  if  registered  in  name  of  defend- 
ant as  owner        ........ 

service  of  process  on  certain  defendants  in    . 


210 
387 
310 
188 

1 

44 

1,  2 

133 

1,  2 

439 
387 

1.  2 

830  Index. 

Item  or 
Chap.  Section. 

PRACTICE    IN    CIVIL   ACTIONS  —  Concluded. 

vacating  judgment  in  certain  actions  in  case  of  death  of  defend- 
ant, etc.      .........     406  1 

See  also  Actions,  civil;    Attachment;    District  courts;    Equity; 
Evidence;  Land  court;  Probate  courts;  Service  of  process; 
Supreme  judicial  and  superior  courts;  Trustee  process. 
Pratt,  William  H.,  Marshfield,  of,  former  member  of  state  police, 

annuity  for  .  .  .  .  .  .  .  .     417 

Precincts,  towns,  certain,  in,  use  in  formation  of  representative  dis- 
tricts       267  1, 2 

Preferential  voting  and  proportional  representation,  election 

of  city  and  town  officers  by  .....     345 

Preliminary  elections  (see  Elections). 
Premises  (see  Real  property). 

Premiums,  officials'  bonds,  on,  reimbursement,  appropriation  .     234  734 

Pre-primary  conventions  of  political  parties,  law  providing  for,  ]  „„  .  -    „ 

repealed  and  certain  other  laws  revived  and  continued  \  ^5_  • 

in  force       .  .      ^ J  ^"^^ 

See  also  Elections,  conventions. 
Presidential  electors,  meetings  of,  provisions  relative  to,  brought 

into  conformity  with  federal  law   .  .  .  .  .23  1,  2 

President  of  the  United  States  (see  United  States). 

Presumptions,  motor  vehicle  accident  cases,  certain,  in  .  .     439  1,  2 

Prices,  chiropodists  (podiatrists),  of,  for  professional  services,  adver- 
tising of,  to  be  deemed  "unprofessional  conduct"     .  .     425  9 
eyeglasses,  lenses  or  eyeglass  frames,  of,  advertising  of,  regulated     287                     1,  2 
Fair  Trade  Law,  so  called,  under    ......     398 

Prima  facie  evidence  (see  Evidence). 

Primaries  (see  Elections). 

Printing,  state  (see  State  printing  and  binding). 

Prisoners,  parole  of  (see  Parole  board;  Parole,  board  of). 

See  also  Parole;  Penal  and  reformatory  institutions;  Probation; 
Uniform  criminal  interstate  rendition  law. 
Prison  officers   and  instructors,   retired,   compensation,   appro- 
priation           234  729 

Prisons  (see  Penal  and  reformatory  institutions). 
Prison,  state  (see  State  prison). 
Private  detectives  (see  Detectives,  private). 

Prizes,  agriculture,  department  of,  offering  by,  for  elimination,  etc., 
of  insect  pests      ........ 

Probate  and  insolvency,  judges,  absence,  incapacity,  etc.,  of,  who 
may  act  in  case  of         ......  . 

appointees,  certain,  of,  eligibility  of,  for  membership  in  state 
retirement   system,   investigation   and   study   relative 
to  .  .  .  .  .  .  .  .       Resolve 

appropriation       ........ 

oath  of  office      ......... 

other  counties,  of,  assistance  by,  compensation,  etc. 
practice  of  law,  appointment  as  executor,  etc.,  relative  to 
retirement  or  resignation  of,  pensions  upon,  etc.    . 
salaries  of  ......... 

special,  abolition  of  office  upon  death,  resignation  or  removal  . 
compensation  of      .  .  .  .  .  .      _    . 

practice  of  law,  appointment  as  executor,  etc.,  relative  to 
waiver  by,  when  holding  court,  of  requirement  of  five  day 
notice  of  intention  of  marriage       ..... 

registers,  appropriations        .  .  . 

retirement  systems,  county,  certain  provisions  in  laws  relative 

to,  as  affecting    ........     336  1,  2 

See  also  Probate  courts. 
PROBATE    COURTS: 

administrative  committee  of,  appropriation       .... 

appropriations       ......... 

equity  jurisdiction,  extended  to  pro\ade  for  issuance  in  certain 
instances  of  temporary  injunctions  to  restrain  foreclosures 
of    mortgages    which    hinder    proper    administration    of 
estates  or  certain  trusts         ......     257 

final  decrees,  certain,  by,  directing  conveyance,  etc.,  of  real 
estate,  effect  of  and  effect  of  recording  or  registration  of 
copies  of  such  decrees  ......     101  1,  2 

investment  of  funds  by  certain  fiduciaries  in  certain  insurance 

policies  and  annuity  contracts,  authorization  by     .  .     312  1,  2 


415 

1 

408 

5.6,9 

26 

434  36f, 

Page  584 

408 

3 

408 

5,  6.9 

408 

3.4,  9 

409 

1,2.7 

408 

1,2,9 

408 

8,9 

408 

7,9 

408 

3,9 

11 

1,  2 

/234 
\434 

66-78 

72,  73 

234 

65 

(234 
\434 

59-78 

72.  73 

Index.  831 


304 
307 

1-3 

1.  2 

234 

91,92 

307 
219 

1 
5 

'  Item  or 

Chap.  Section. 

PROBATE    COURTS  —  Concluded. 

judges  (see  Probate  and  insolvency,  juilge.s). 

real  estate  of  deceased  persons,  as.sessinent  of,  prior  to  names  of 

heirs  or  devisees  appearing  in  records  of         .  .  .114 

registers  (see  Probate  and  insolvencj',  registers). 
Probation,    interstate   rendition   of   persons   charged   witli    having 
broken  terms  of,  uniform  law  as  to  . 

interstate  supervision  of  persons  placed  on,  compacts  for  . 
PROBATION,    BOARD   OF: 

appropriations       ......... 

supervision  of  probationers  and  parolees,  compacts  for,  powers 
and  duties  under  ....... 

Probation  officers,  bond,  to  give,  annually,  etc.     .... 

Boston  juvenile  court  and  district  courts  in  Suffolk  county  other 
than  municipal  court  of  city  of  l^oston,  appointed  for, 
fixing  of  compensation  of       .....  .      18G  , 

pensions,  non-contributory,  for,  ultimate  abolition  of,  advance- 
ment of  date  for  ........     102  6 

Process,  service  of  (see  Service  of  process). 
PROCLAMATION   BY   GOVERNOR: 

Horace  Mann,  distinguished  pubhc  service  of,  observances  during 

current  year  in  commemoration  of,  relative  to       Resolve         4 
Proof,  burden  of  (see  Evidence). 
Property,  motor  vehicles  transporting,  laws  relating  to,  survey  and 

study  of  ......        Resolve       33 

appropriation       ........     434    36i,  Page  584 

supervision  and  control  of,  and  such  transportation,  certain 
laws  relative  to,  exemption  from,  of  certain  motor  vehicles 
owned  by  commonwealth  and  its  political  subdivisions     .     381 
personal  (see  Personal  property), 
real  (see  Real  property), 
taxation  of  (see  Taxation). 
Proportional  representation  and  preferential  voting,  election 

of  city  and  towTi  officers  by  .....     345 

Plan  E  form  of  charter  for  acceptance  by  cities,  under,  investi- 
gation relative  to  ....  .       Resolve       76 

Proprietary  medicines,  sale  of  certain,  further  regulated        .  .     343  4 

Prorogation  of  general  court,  statement  as  to     .  .  .  .  Page  657 

Prosecutions  (see  Criminal  procedure  and  practice). 
Protective  committee  agreements,  so  called,  regulation  of  dis- 
position of  evidence  of  indebtedness  under,  investigation 
relative  to  ......        Resolve       37 

appropriation    .........     434   36 j.  Page  584 

Province  lands,  care  and  maintenance  of,  appropriation  .  .     234  683 

hunting  on,  and  other  uses  thereof  .....     372  1, 2 

Provincetov?n,  town  of  (see  Cities  and  towns). 

Psychopathic  hospital,  Boston,  appropriations  .  .         .  1 1^|  ^I? 

Public  accountants,  registration  of,  appropriations       .  .  .     234  437, 438 

Public  amusement,  places  of,  tips  or  gratuities  given  for  checking 
of  clothing,  etc.,  at,  beneficiaries  of,  misleading  of  patrons 
as  to,  prevention  of      ......  .     342 

Publications,  historical,  state,  disposition  of  certain,  for  which  there 

is  now  no  public  demand       ....        Resolve       14 

Public  bequest  fund,  advertising  of,  appropriation        .  .     234  l94 

Public  employees  (see  Commonwealth,  officers  and  employees  of; 
Counties,  officers  and  employees  of;    Labor,  public  em- 
ployees;  Municipal  officers  and  employees). 

{3    I'' 
41*  53' 
'  58* 
appropriations  ........  /  434  36a 

Resolve  1      3 
PUBLIC   HEALTH,    DEPARTMENT   OF: 

in  general,  alcohol,  methyl  or  wood,  so  called,  and  preparations 

containing  such  alcohol,  labelling  of,  regulations  as  to,  by     177  2 

[ 234  595-640 

appropriations  .........  \  40.  /        598-638; 

I  I        Page  588 

Buzzard's  Bay  Water  District,  water  supply  for,  approval  by  .     145  2 

cancer,  institution  for  care  and  treatment  of  persons  suffering 
from,  estabUshment  and  maintenance  in  county  of  Essex 
or  Middlesex,  investigation  relative  to,  by     .        Resolve       35 
Centerville-Osterville Fire  District,  watersupplyfor, approval  by    169  2 

cheese,  definitions  and  standards  of,  fi^ed  by,  relative  to         .     335  2,  4 


OG 
445 
340 

36q 

341 

1 

391 

445  605a, 

Page  610 

28 
104 
365 
365 

2 

832  Index. 

Item  or 
Chap.  Section. 

PUBLIC    HEALTH,    DEPARTMENT    OT  —  Concluded. 
in  general  —  Concluded. 

Connecticut  river,  pollution  of,  data  pertaining  to,  assembling 
by  .......        Resolve 

appropriation      ........ 

drainage  systems,  approval  by     . 

frozen  desserts  and  ice  cream  mi.x,  manufacture  and  sale  of, 
powers  and  duties  as  to  . 

gonorrhea  or  syphilis,   treatment  of  persons  suffering  from, 
powers  and  duties  as  to     . 
appropriation       ........ 

Hardy  pond,  pollution  of,  investigation  relative  to,  by,  in  co- 
operation with  city  of  Waltham  and  town  of  Lexing- 
ton    ........        Resolve 

Harvard,  town  of,  water  supply  for,  approval  by  . 

health,  local  boards  of,  certain  information  for,  publication  by 

information,  certain,  for  local  boards  of  health,  publication  by 

Ipswich  river,  taking  of  water  from,  by  Lynn,  Peabody,  Salem, 
Beverly  and  Danvers  for  emergency  purposes,  etc.,  powers 
as  to. 88 

lungs,  diseases  of,  other  than  recognizable  tuberculosis,  certain 
patients  with,  admission  to  state  sanatoria  and  county 
tuberculosis  hospitals  for  purposes  of  diagnosis  and  ob- 
servation, powers  and  duties  as  to  .  .  .  .     392 

Manchaug  Water  District  of  Sutton,  water  supply  for,  ap- 
proval by   .  .  .  .  .  .  .  .  .     179 

Musquashiat  pond  in  town  of  Scituate,  improvement  of  con- 
ditions at,  investigation  relative  to,  by,  etc.         Resolve 
appropriation       .        _  . 

Neponset  river,  part  of,  in  town  of  Norwood,  dredging  and 
deepening  channel  of,  or  altering  course  thereof,  inves- 
tigation relative  to,  by      .  .  .  .        Resolve 
appropriation      ........ 

Norfolk  county  tuberculosis  hospital,  acquisition  of  certain 
land  for  purposes  of,  approval  by  . 

occupational  diseases,  prevention  and  control  of,  investigation 
and  study  relative  to,  by,  etc.        .  .  .        Resolve 

rabies,  treatment  against,  powers  and  duties  as  to 

rheumatism,  chronic,  hospitalization  of  patients  with,  powers 
and  duties  as  to        . 
appropriation       ........ 

rivers  within  limits  of  commonwealth,  sanitary  condition  of, 

investigation  by,  etc.  ....        Resolve 

appropriation      ........ 

sewage  disposal,  systems  of,  approval  by       . 

sewers,  additional,  construction  in  north  and  south  metro- 
politan sewerage  districts,  investigation  relative  to,  by, 
etc.    ........        Resolve       42 

shellfish  purification  plants,  cost  and  expenses  of,  proportionate 
share  of,  imposition  upon  private  corporations  organized 
for  owning  and  maintaining  for  profit  a  system  of  sewage 
disposal,  powers  and  duties  as  to  .  .  .  .  .     246 

Topsfield  Water  District  of  Topsfiold,  water  supply  for,  ap- 
proval by   .  .  .  .  .  .  .  .  .     138 

treatment  works  of  cities,  towns  or  water  companies,  improve- 
ments relative  to,  requirement  by  ....     340 

Wading  river,  use  as  source  of  water  supply  of  city  of  Attle- 

boro,  powers  and  duties  as  to         .  .  .  .  .149 

water  supply,  systems  of,  approval  by  ....     340 

commissioner,  interstate  waters  used  for  drinking  purposes, 
protecting  purity  of,  special  commission  to  investigate 
relative  to,  to  be  or  to  designate  a  member  of  .        Resolve       51 

Merrimack  Valley,  so  called,  special  commission  to  investigate 
relative  to  certain  problems  in,  to  be  or  to  designate  a 
member  of  ......        Resolve       60 

Middlesex  University,  Trustees  of,  certain  degree  to  be  con- 
ferred by,  courses  required  for,  approval  by,  etc. 
communicable  diseases,  division  of,  appropriations 

engineering  division,  appropriations  ..... 
laboratories,  division  of,  appropriations  .... 
tuberculosis,  division  of,  appropriations       .... 


13 
434  36c, 

Page  584 

21 

434  36e, 

Page  584 

330 

1 

46 
375 

393 
445  605b 

Page  610 

66 
445  36q, 
340 

Page  610 

326 

2 

234 

604,  605 

234 

616,617 

434 

616 

234 

616,  617 

434 

616 

234 

618-622 

434 

618 

Index.  833 

Item  or 
Chap.  Section. 

PUBLIC   HEALTH,    LOCAL   BOARDS   OF: 

garl^age,   offal  and  other  offensive  substances,   removal,   trans- 
portation and  disposal  of,  powers  and  duties  as  to      .  .     282 
regulations,  health,  reasonable,  adopted  by,  violations  of    .           .     285 
Public  institutions  (see  titles  of  specific  institutions). 

Public  lands,  hunting  within  boundaries  of  certain  ...       89  1,  2 

Public  libraries,  division  of  (see  Education,  department  of). 
Public   moneys    (see   County   finance;     Municipal   finance;    State 

finance). 
Public    officers    (see   Commonwealth,    officers   and   employees   of; 
Counties,  officers  and  employees  of;    Mvmicipal  officers 
and  employees;    and  titles  of  specific  officers). 
Public  records,  supervisor  of,  appropriation       ....     234  199 

safeguarding  of  records,  papers  and  documents  in  district  courts, 

approval  bv  ........        59 

PUBLIC    SAFETY,    DEPARTMENT   OF; 

(234/        641-662; 
in  general,  appropriations     .......]  \        Page  252 

[  4.34  642-662 

boards,  etc.,  in,  boiler  rules,  appropriations  ....     234  654,  655 

[234/        661,662; 
boxing  commission,  appropriations        .  .  .  .  .  ■{  "       \         Page  252 

i  434  662 

commissioner: 

firearms,    identification    numbers,    stamping    or    placing    on, 

by      .  .  .  .  .  .  ....      199 

labor  disputes,  etc  ,  private  police  and  detective  activity  in, 

regulation  of  certain  forms  of,  powers  and  duties  as  to        .     437  1,  2 

divisions  of: 

fire  prevention,  appropriations     ......     234  656-660 

state  fire  marshal,  appropriations      .....     234  656-660 

inspection,  appropriations  .......     234  648-655 

[234/         fi44-647; 
state  police,  appropriations  .  .  .  .  .  .  {  \        Page  252 

[ 434  644-640 

Pratt,  William  H.,  of  Marslifield,  former  member  of,   an- 
nuity for     .........     417 

retirement  of  members  of,  investigation  and  study  relative 

to Resolve       26 

appropriation  ........     434    30f,  Page  584 

Public  schools  (see  Schools,  public). 

Public  service  corporations,  bonds  of,  maturity  date  of  certain, 
which  are  legal  investments  for  savings  banks  and  savings 
departments  of  trust  companies     .....       96 

dissolution  of  certain      ........     239  1,  4 

flood  control,  certain  interstate  compacts  relative  to,  as  aff"ect-  /  397  1 

ing     .  .  . \423  1 

See  also  Gas  and  electric  companies;  Public  utilities,  department 
of;   Railroads;  Street  railways;  Telephone  and  telegraph 
companies. 
Public    trust    commission,    creation    of,    investigation    relative 

to       .......  .        Resolve       37 

appropriation     .........     434   36j,  Page  584 

PUBLIC    UTILITIES,    DEPARTMENT    OF: 

in  general,  appropriations 1 234  700708 

Boston  Elevated  Railw-ay  Company,  bonds  of,  purcha.se  by 

Boston  metropolitan  district,  powers  and  duties  as  to       .     357  1 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain   propertj'^  of,  acquisition  by  city  of  Boston  and 
lease    thereof    to    Boston    Consolidated    Gas    Company, 
powers  and  duties  as  to  .  .  .  .  .  .     292  3,  4 

grade  crossings,  lists  of,  which  should  be  abolished,  filing  by 

department  of  public  works  with  .....     270 

motor  vehicles  transporting  property  in  Boston  under  certifi- 
cate or  permit  issued  by,  not  required  to  be  licensed  by 
police  commissioner  for  said  city   .....     122 

New   York,    New  Haven   and   Hartford   Railroad   Company, 
railroad  ser\'ice  by,  in  towns  of  Marshfield  and  Duxbury, 
contributions  by  said  towns  toward  cost  of,  powers  and 
duties  as  to  .  .  .  .  .  .  .  .     354  1 

North  Reading,  town  of,  motor  bus  service  in,  contributions 

by  said  town  toward  cost  of,  powers  and  duties  as  to  .     334  1 


834  Index. 

Item  or 
Chap.  Section. 

PUBLIC    UTILITIES,    DEPARTMENT    OF  —  Concluded. 
in  general  —  Concluded. 

f  104  2 

1138  2 

145  2 

179  2 

207  T 

commission,  chairman  of,  to  be  or  to  designate  a  member  of 
special  commission  to  survey  and  study  laws  relating  to 
promotion  and  sale  of  securities     .  .  .        Resolve       37 

commissioner  of,  etc.,  to  be  member  of  special  commission  to 
investigate  relative   to   certain   problems  in    Merrimack 
Valley,  so  called  .....        Resolve       60 

divisions  of: 

commercial  motor  vehicle,  appropriations      ....     234  715,  716 

director  of,  to  be  member  of  special  commission  to  survey 
and  study  laws  relating  to  transportation  of  property  by 
motor  vehicle       ......        Resolve       33 

motor  vehicles  used  for  transportation  of  property,  super- 
vision and  control  by,  law  relative  to,  exemption  from, 
of  motor  vehicles  owned  by  commonwealth  and  its  political 
subdivisions         ........     381 

securities,  appropriations    .......     234  719,  720 

Waite,  SUas  F.,  employed  in,  retirement  allowance  of,  under 
state  retirement  system         ......     353 

smoke  inspection,  appropriations  .....     234  717,  718 

telephone  and  telegraph,  appropriation  ....     234  705 

Public  warehousemen,  alcoholic  beverages,  storing  and  warehous- 
ing of,  permits  for,  issuance  to       ....  .     424  4 

Public  ways  (see  Ways,  public). 

Public  welfare,  applicants  for,  in  cities  and  in  certain  towns  to  be 

interviewed  privately,  etc.    ......     277 

borrowing  by  cities  and  towns  on  account  of    .  .  .  .     107  1-3 

See  also  Poor  and  indigent  persons. 
PUBLIC   WELFARE,    DEPARTMENT    OP: 


234 


{ 


557-594; 


in  general,  appropriations    .......  -^         \        Page  252 

1 434  558-591 

investigation  of  certain  educational  matters,  special  commis- 
sion for,  membership  on,  bj'  a  representative  of      Resolve       38 
old  age  assistance,  so  called,  powers  and  duties  as  to        .  .     440  1-3 

parents,  support  of,  by  their  children,  criminal  liability,  bring- 
ing of  actions  to  enforce,  approval  by     .  .  .  .     440  2 

vocational  education  of  certain  children  in  charge  of,  relative  to     323 
advisory  board,  member  of,  no  longer  to  be  a  member  of  appeal 

board  in  matters  relating  to  old  age  assistance,  so  called   .     440  2 

com.missioner,   special  commission  to  investigate  relative  to 
certain  educational  matters,  one  member  of,  designation 
by      .......  .        Resolve       38 

divisions  of: 

■A       A      r  t  •   +•  /234  562,563 

aid  and  relief,  appropriations        .  .  .  .  .  .  <  .04  ceo  5f 3 

child  guardianship,  appropriations         .....     234  \         Va,se  25'> 

r  234  575—588 

juvenile  training,  appropriations  .  .  .  .  .  <  .04  575-587 

Massachusetts  training  schools,  trustees  of,  in  (see  Massa- 
chusetts training  schools). 
state  board  of  housing  in,  appropriations     ....     234  560,  561 

investigation   and   study   by,   relative   to   problem   of  hous- 
ing    ........        Resolve       64 

appropriation  ........     445  3Cp,  Page  610 

PUBLIC  WELFARE,  LOCAL  BOARDS  OF: 

applicants  to,  for  public  relief  and  support  in  cities  and  in  cer- 
tain towns  to  be  interviewed  privately,  etc.      .  .  .     277 

infants  prematurely  born,  care  of  certain,  powers  and  duties  as  to     332 
old  age  assistance,  so  called,  powers  and  duties  as  to  granting       .     440  1-3 

work  by  certain  persons  in  return  for  relief  received  by  them,  re- 
quirement by       .  .  .  .  .  .  .  .113 

See  also  Poor  and  indigent  persons. 
Public  works,  federal  grants  for  (see  Federal  emergency  laws). 
PUBLIC    WORKS    COMMISSION,   EMERGENCY: 

.   ,.  (234  224 

appropriations |  _jg^  224 


Index. 


835 


54 


351 


397 
445 


265 


Chap. 
PUBLIC  WORKS  COMMISSION,  EMERGENCY  —  Concluded. 
north  metropolitan  sewerage  district,  additional  sewers  in,  con- 
struction of,  powers  and  iluties  as  to       .  .  .  .     433 

term  of  office  extended  ........     338 

PUBLIC   WORKS,    DEPARTMENT    OF: 


in  general,  appropriations 


Barnstable  county,  contributions  by,  to  co.st  of  construction 
of  shore  protection  therein  by        ....  . 

bridge,   new,   over  Connecticut  river  between   Northampton 

and  Hadley  to  be  constructed  by,  expediting  of  work 

land    takings   and    borrowing    of   money    by    Hampshire 

county  in  connection  with  ..... 

tablet  or  marker  bearing  designation  of  Calvin  Coolidge 

Memorial  Bridge  to  be  attached  to     . 

bridges  damaged  by  floods,  repair  or  reconstruction  by,  rela- 
tive to         ........  . 

Chelsea,  city  of,  traffic  lights  in,  at  junction  of  parkway  and 
Webster  avenue,  installation  by,  investigation  relative 
to       .......  .        Resolve 

Colrain,  town  of,  state  reimbursement  of,  for  moneys  ex- 
pended by  it  in  repairing  and  reconstructing  certain 
bridges,  approval  by    . 

Connecticut  river  valley,  flood  control  in,  compact  relative 

to,  between  commonwealth  and  states  of  Connecticut, 

New  Hampshire  and  Vermont,  powers  and  duties  as  to 

appropriation       ........ 

East  Boston,  state  lands  in,  certain  leases  to  city  of  Boston  of 
certain,  for  airport  and  seaplane  purposes,  extension  of, 
powers  and  duties  as  to         .  .  .  .        Resolve 

Edgartown  and  Oak  Bluffs,  towns  of,  re-establishment  of  por- 
tion of  boundary  line  between,  powers  and  duties  as  to 

Edison  Electric  Illuminating  Company  of  Boston,  The,  etc., 
conveyance  to,  by,  of  certain  land  near  Fore  River  bridge, 
so  called     ......... 

Ell  pond  in  city  of  Melrose,  certain  rules  and  regulations  as  to, 
approval  by,  etc.  ....... 

Fairhaven  harbor,  improvement  of,  by  town  of  Fairhaven  in 
co-operation  with,  etc.,  borrowing  of  money  by  said  town 
for      .......... 

Foxborough  and  Walpole,  towns  of,  new  boundary  line  be- 
tween, points  on,  location  by  ....  . 

Gloucester  harbor,  fish  and  commercial  pier  in,  construction 
and  leasing  by  commonwealth,  powers  and  duties  as  to    . 

grade  crossings,  lists  of,  which  should  be  abolished,  filing  with 
department  of  public  utilities  by  . 

Grand  Army  of  the  Republic  Highway,  markers  along,  erection 
by 

harbor  improvements,  certain,  investigation  and  study  rela- 
tive to,  by        .  .  .  .  .  .       Resolve 

appropriation       ........ 

higliway  and  other  traffic  improvements,  certain  propo.sed, 
and  certain  related  matters,  investigation  and  study  rela- 
tive to,  by  ......        Resolve 

laborers  employed  by,  minimum  wage  for     .... 

lighting  systems  on  state  highways,  investigation  relative  to, 
by      ........        Resolve 

Merrimack  river  valley,  flood  control  in,  compact  relative  to, 
between  commonwealth  and  state  of  New  Hampshire, 
powers  and  duties  as  to     . 
appropriation       ........ 

MusQuashiat  pond  in  town  of  Scituate,  improvement  of  con- 
ditions at,  investigation  relative  to,  by,  etc.       Resolve 
appropriation      ........ 

New  Bedford,  state  pier  at,  increasing  facilities  of,  investi- 
gation relative  to,  by  .  .  .  .        Resolve 

pier,  additional,  construction,  etc.,  by,  for  purpose  of  improv- 
ing and  developing  port  of  Boston,  investigation  rela- 
tive to     .  .  .  .  .  .  .        Resolve 

appropriation       ........ 


Item  or 
Section. 


2,  3,  5 


234 
434 

663-699; 
Pages 

I    2.52,  253 

'        667-700; 

Pages  585, 

[    586, 588 

39 

337 

155 

1-4 

72 

434 

Page 

588 

1-6 

677a,  Page  611 


2,  3 


431 

259 

204 

1, 

2 

140 

2 

29 

1, 

2 

270 

19 

1, 

2 

69 
445 

3Gt, 

Page  610 

24 
346 

24 


423 
445 


1-6 
677a,  Page  611 


13 
434 


74 


57 

445 


36c,  Page  584 


36n 


836  Index. 


Item  or 
Chap.  Section. 


PUBLIC    WORKS,    DEPARTMENT    OF  —  Concluded. 
in  general  —  Concluded. 

province  lands  at  Provincetown,  hunting  on,  and  other  uses 

thereof,  rules  and  regulations  as  to,  by  .  .  .  .     372  2 

state  highways,  additional  procedure  for  laying  out  and  con- 
struction of,  by   .  .  .  .  .  .  .  .     218  1    2 

ways  connecting  with,  alteration  or  reconstruction  in  con- 
nection ^nth  laying  out,  etc.,  thereof  by  .  .  .  .     344 

wages,  minimum,  for  laborers  employed  by  .  .  .     34G 

A\'alpole  and  Foxborough,  towns  of,  new  boundary  line  be- 
tween, points  on,  location  by  .....      140  2 

commissioner,  Merrimack  Valley,  so  called,  certain  problems 
in,   special   commission   to  investigate  relative  to,   to  be 
member  of,  etc.  ......        Resolve       GO 

transportation  of  property  by  motor  vehicle,  laws  relating  to, 
special  commission  to  survey  and  study,  to  be  member  of, 
and  to  designate  an  associate  commissioner  as  a  member 

thereof Resolve       33 

f  234  667-680 

highways,  functions  relating  to,  appiopriations  .  .         .  {  .o,  /        667-679- 

1  1        Page  253 

registrar  of  motor  vehicles,  appropriations  .  .  .         ■  (^of  678-680 

attorney  for  service  of  process,  as  ....  .     387 

examinations  of  applicants  for  licenses  to  operate  motor  ve- 
hicles, discriminating  as  to  age  in,  by,  prohibited      .  .     284 
fees  for  registration  of  semi-trailer  units,  collection  by      .           .     377 
licenses  to  operate  motor  vehicles,  revocation  on  con^'iction 
of  operating  negligently  so  that  lives  or  safety  of  public 
might  be  endangered,  rescission  by          .           .           .           .117 
See  also  Motor  vehicles. 

waterways  and  public  lands,  functions  relating  to,   ap-  [  -^"^  ,      n^^^^^A!? 

propriations 434  /       ^^^'^'^''^Pj 

{  \        Page  588 

Pupils  (see  Schools). 

Purification  plants,  shellfish,  cost  of,  and  expenses  of  maintenance 
thereof,  proportionate  share  of,  imposition  upon  private 
corporations  organized  for  owning  and  maintaining  for 
profit  a  system  of  sewage  disposal  ....     246 

Pursuit,  fresh,  extra-territorial  arrest  on,  law  as  to,  made  uniform, 
and  commonwealth  authorized  to  co-operate  with  other 
states  in  connection  therewith      .....     208  1,  2 

Putnam,  Ralph  C,  Jr.,  reinstatement  in  permanent  force  of  fire 

department  of  town  of  Marblehead       ....     290  1,  2 


i 


Q- 


Quabbin  Park  cemetery.  Ware,  town  of,  in,  trust  funds  for  per- 
petual care  of  lots  in,  transfer  of    .  .  .        Resolve       52 
Quail,  hunting  in  Nantucket  county      ......      167 

Quannapowitt,  Lake,  Wakefield,  town  of,  in,  construction  and 
maintenance  by  metropolitan  district  commission  of  a 
bath  house  at,  investigation  relative  to  .        Resolve       54 

Quartermaster,  state,  appropriations \^u  141-14^ 

armorj'  commission,  to  be  member  of       ....  .     300  1 

Quincy,  bay,  channel  from,  to  WoUaston  Yacht  Club  and  Squantum 
Yacht  Club,  and  basin  in  front  of  said  clubs,  dredging  of, 
investigation  relative  to         ...  .        Resolve       69 

appropriation  ........     445  36t,  Page  610 

city  of  (see  Cities  and  towns). 
Quinnebaug   river,    sanitary    condition   of,    investigation    relative 

to       .......  .        Resolve       66 

appropriation    .........     445  36q 

R. 

Rabbits,  close  season  on,  in  certain  counties,  extended   .  .  .     316 

f  172 
hunting  or  possession  of,  in  Nantucket  county  .  .  .  {  gjg 

Rabies,  treatment  against    ........     373 


J 


Index.  837 

Item  or 

Chap.  Section. 

Races,   horse    (see  Horse  racing  meetings  conducted   under  pari- 

nuituel  system  of  wagering). 

RACING   COMMISSION,    STATE: 

/234  189,  190 

appropriations 1 434  ^^y-  jy^ 

confidential  secretary,  appointment  and  removal  by  .  .     414  1 

See  also   Horse  racing  meetings  conducted  under   pari-mutuel 
system  of  wagering. 
Radio,  dentists,  dental  hygienists  and  other  persons  practicing  den- 
tistry, advertising  of,  by,  restricted         ....     253 
eyeglasses,  lenses  or  eyeglass  frames,  sale  of,  advertising  as  to, 

by,  restricted 287  1,  2 

Radios,  tax  exemption  .  .  .  .  .  .  .  .      132 

Railroads,  blind  persons  entitled  to  be  accompanied  by  "seeing  eye" 
dogs,    so    called,    upon,    within    commonwealth,    without 
additional  cost     ........     247 

bonds  of,  investment  in,  by  savings  banks,  institutions  for  sav- 
ings and  trust  companies  in  their  savings  departments, 
requirements  for,  modified    .  .  .  .  .  .56  1,2 

dissolution  of  certain      ........     239  1-4 

equipment  and  accessories,  certain,  for  personal  use  in  connec- 
tion  with   outdoor  sports  and   recreation,  letting  of,   on 
Lord's  day  oil  trains  of,  permitted  .  .  .  .     280 

grade  crossings  of,  lists  of,  which  should  be  abolished,  filing  with 

department  of  public  utilities  by  department  of  public  works    270 
taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises). 
See  also  Boston  and  Albany  Railroad  Company;    Boston  and 
Maine  Railroad;    Boston,  Revere  Beach  and  Lynn  Rail- 
road Company;    New  York,   New  Haven  and  Hartford 
Railroad  Company;    Old  Colony  Railroad  Company. 
Railways,  street  (see  Street  railways). 
Reach  and  apply  proceedings,  motor  vehicle  liability  policies,  with 

respect  to  proceeds  of,  certain  presumptions  in  .  .     439  1,  2 

Reading,  town  of  (see  Cities  and  towns). 

Real  property,  alienation  of  (see  Taxation,  local  taxes,  collection  of, 
sale  or  taking  of  land,  by), 
attachments  of,  affecting  registered  land,  relative  to  .  .      144  1,  2 

conditional  sales  of   certain  personal  property   used   in  connec- 1   , ,  ^ 

tion  with,  validity  as  against  mortgagees,  purchasers  or  \  ^.t  1    q 

grantees  of  such  real  property        .....  J  ' 

conveyance,  etc.,  of,  decrees  in  equity  by  probate  and  land  courts 
directing,  effect  of,  and  effect  of  recording  or  registration 
of  copies  of  such  decrees        .  .  .  .  .  .101  1,2 

deceased  persons,  of,  assessment  of  .  .  .  .  .      1 14 

elevator  apparatus  or  machinery,  conditional  sales  of,  which  are  f  112 

afterward  wrought  into  or  attached  to    .  .  .  .  \  245  1,  2 

mortgages  of  (see  Mortgages). 

registration  of  title  to  (see  Title  to  land,  registration  of). 

taxation  of,   limiting  rate  of,  investigation  and  study  relative 

to       .......  .        Resolve         3 

See  also  Taxation. 
Rebellion,  war  of  the  (see  Civil  war  veterans). 
Receivers,  income  received  by,  taxation  of    .  .  .  .  .     395  1 

petitions  by  certain,  to  probate  courts  for  issuance  of  temporary 

injunctions  to  restrain  foreclosure  of  certain  mortgages   .     257 
Reclamation,  board,  state,  appropriations    .....     234  2G5,  266 

soil  survey  and  fairs,  division  of  (see  Agriculture,  department  of). 
Records,  district  courts,  in,  safeguarding  of,  etc.    .  .  .  .59 

public  (see  Public  records). 

war,  civil,  publication  of,  appropriations  ....     234  163 

Recounts,  ballots,  of,  cast  at  elections,  representation  of  candidates  at     303 
Recovery  Act,  National  Industrial  (see  National  Industrial  Re- 
covery Act). 
Recreational  resources,  commonwealth,  of,  promotion  and  develop- 
ment of,  commission  for,  estabUshment,  etc.    .  .  .     427 

appropriation     .........     445  4G5a,  Page  Oil 

Redemption  (see  Taxation,  local  taxes,  collection  of,  taking  or  sale 

of  land,  by). 
Referendum  (see  Initiative  and  referendum). 

Reformatory,  institutions  (see  Penal  and  reformatory  institutions). 
Massachusetts  (see  Massachusetts  reformatory). 

f  ''34  550—554 

women,  for,  appropriations 1^34  550;  Page  588 


21 

1 

25 

1,2 

77 

2 

411 

838  Index. 

Item  or 

Chap.  Section. 

Registered  land,  attachments  of  real  estate  affecting,  relative  to      .     144  1,  2 

See  also  Land,  registration  of  title  to. 
REGISTERS   AND   REGISTRIES   OF   DEEDS: 

in  general,  bond,  to  give,  annually,  etc.    .....     219  1 

recording,  filing,  etc.,  of  instruments  with: 

conditional  sales  of  certain  personal  property  used  in  con-  f  112 

nection  with  real  estate,  notices  of  .  .  .  .  \  245  1,  2 

decrees,  final,  in  equity  made  by  probate  and  land  courts 

directing  conveyance,  etc.,  of  real  estate,  copies  of  .  .      101  2 

elevator  apparatus  or  machinery,  notice  of  conditional  sales  /  112 

of       .  .  .  . \245  1,  2 

Middlesex  county,  southern  district,  copies  of  certain  cer- 
tificates relating  to  sewer  assessments  in  city  of  Melrose   .       58  5 
taxes,  taking  of  land  for  non-payment  of,  instruments  of, 
fees  for        .          .          .          .          .          .          .          .          .97 

unemployment  compensation  law,   so  called,   liens  under, 

notices  of    .      _    .  .  .  .  .    _      .  .  .421  1,  Subs.  6 

Dukes  County,  filing  in,  of  plan  showing  re-established  boundary 
line  between  towns  of  Edgartown  and  Oak  Bluffs  and 
monuments  marking  same    ......     265  3 

Registers  and  registries  of  probate  and  insolvency  (see  Probate 

and  insolvency,  registers). 
Registrar  of  m.otor  vehicles  (see  Public  works,  department  of). 
REGISTRARS   OF   VOTERS: 

assessed  polls,  returns  of  number  of,  to  state  secretary  by,  dis- 
continued ......... 

nomination  papers,  certification  bj'  ..... 

proportional  representation  and  preferential  voting,  election  of 

city  and  town  officers  by,  petitions  for,  duties  as  to  .  .     345  Subs.  1 

registration  of  voters  by,  etc.,  in  certain  cities  on  October  four- 
teenth in  current  year,  authorized  ....      146 
Registration  (see  Licenses  and  permits;   also  specific  titles). 

civil  service  and,  department  of  (see  Civil  service  and  registration, 

department  of), 
division  of  (see  Civil  ser\ace  and  registration,  department  of). 
Rehabilitation,  vocational,  appropriations  ....     234  341,  342 

Rehoboth,  town  of  (see  Cities  and  towns). 

Relief,  aid  and,  division  of  (see  Public  welfare,  department  of). 
Religious  corporations  (see  Churches  and  religious  corporations). 
Rendition,  interstate,  procedure  on,  uniform  law  as  to  .  304  1-3 

warrants  of  governors  of  other  states  for,  under  uniform  law  as  to 

extra-territorial  arrest  on  fresh  pursuit  ....     208  1 

Reporter  of  decisions  of  supreme  judicial  court,  appropriations  1 1'^^  ^^'  |g 

Representative  districts,  formation  of,  use  of  precincts  in  certain 

towns  in 267  1,2 

Representatives,  house  of  (see  General  court). 

Representative  town  government,  Braintree,  in,  establishment,  etc.       17  1-14 

Milford,  in,  chairman  of  board  of  sewer  commissioners  to  be  town 

meeting  member  at  large       .  .  .  .  .  .       35  1,2 

Needham,  in,  chairman  of  planning  board  to  be  town  meeting 

member  at  large  .  .  .  .        _ .  .  .68 

standard  form  of,  division  of  towns  into  voting  precincts  under   .     267  2 

Republican  state  committee,  chairman  of,  to  be  or  to  designate  a 
member  of  special  commission  to  investigate  relative  to 
registration  of  voters    .....        Resolve       67 

Re-registration  of  voters,  advisability  of  providing  for,  investi- 
gation relative  to  ....  .        Resolve       67 

appropriation    .........     445  36r,  Page  610 

Reservations,  park,  metropolitan,  maintenance,  appropriations     .  <  ^of  ^^^  -taq 

(234         282,282a; 
Salisbury  beach   reservation,  maintenance  of,   appropriations  {  Page  251 

[ 434  282,  282a 

Reserve  funds,  establishment  by  cities,  appropriations  for       .  .       34 

Reservoirs  (see  Waters  and  waterways). 
Resolves  (see  Acts  and  resolves;   Statutes). 

Restaurants,  alcoholic  beverages,  sale,  serving,  etc.,  in  (see  Alco- 
holic beverages), 
one  day's  rest  in  seven  law,  so  called,  made  applicable  to     .  .     221 

See  also  Common  victuallers. 


Index. 


839 


Restraining  orders  (see  Injunctions). 

Retirement,  state  board  of  (see  Retirement  systems  and  pensions, 

common we.ilth,  of). 
RETIREMENT    SYSTEMS   AND   PENSIONS: 

in  general,   non-contributory  pensions  and  retirement  allow- 
ances, ultimate  abolition  of,  advancement  of  date  for 
pensions,  Bartley,  William  M.,  for,  by  town  of  Dalton 

Brown,  Albert  J.,  for,  by  city  of  Revere        .... 

Cassidy,  Edward  H.,  for,  by  town  of  Adams 
district  courts,  special  justices  of,  for,  investigation  and  study 
relative  to        .....  .       Resolve 

appropriation       ........ 

fire  departments  in  certain  towns,  certain  call  members  of,  for 
janitors,  public  school,  retired,  payable  to  certain,  increase  of  . 

judges  and  justices,  for,  appropriations  .... 

relative  to      ....  .  ... 

laborers,  municipal,  etc.,  for,  service  required  for,  need  not  be 
continuous  ........ 

McDonald,  Daniel  J.,  for,  by  city  of  Boston 
'     metropolitan  district  commission,  reserve  police  force  of,  cer- 
tain members  of,  for      ....... 

Murphy,  Timothy  H.,  for,  by  city  of  Worcester    . 

police  officers,  state,  for,  appropriations         .... 

prison  officers  and  instructors,  for,  appropriation  . 

Salem,  city  of,  foremen,  inspectors,  mechanics,  draw  tenders, 
assistant  draw  tenders  and  storekeepers,  retired,  formerly 
in  employ  of,  payable  to,  increase  of       ...  . 

soldiers  and  others,  for,  appropriations  .... 

state  employees,  for,  appropriations     ..... 

state  police,  division  of,  members  of,  for,  investigation  and 
study  relative  to       ....  .        Resolve 

appropriation       ........ 

teachers,  for,  appropriations  ...... 

See  also,  infra,  retirement  systems. 
Thompson,  J.  Edgar,  for,  by  city  of  Somerville,  reinstatement 
of  said  Thompson  as  member  of  fire  department  of  said 
city  for  purposes  of     ......  . 

veterans,  certain,  for,  appropriations    ..... 

Weymouth,  permanent  members  of  police  department  of,  for, 
and  validation  of  certain  action  taken  by  said  town  and 
its  officials  in  relation  thereto        ..... 

Wixon,  Lincoln  S.,  for,  by  town  of  Plymouth 
See  also  Old  age  assistance,  so  called. 
retirement  systems,  in  general,  changes,  certain,  in  laws  re- 
lating to     ........  . 

Boston,  city  of,  members  of  judiciary,  provisions  for  retire- 
ment or  resignation  of,  as  affecting        .... 

payments  under,  for  incapacity  or  death  occasioned  by  an 
accident  or  by  undergoing  a  hazard  peculiar  to  member's 
employment         ........ 

cities  and  towns,  of,  changes,  certain,  in  laws  relating  to 
operative,  when  to  become      ....  .  . 

retirement  boards  to  function  prior  to  systems  becoming 
operative    ......... 

commonwealth,  of,  appropriations   ..... 

board  of  retirement,  appropriations  ..... 

executive  secretary  of,  to  be  member  of  special  commission 
to  investigate  as  to  revising  provisions  of  General  Laws 
relating   to    contributory   pensions    for   employees    of 
commonwealth  and  of  metropolitan  district   commis- 
sion .......     Resolve 

Hunt,  Gilbert  W.,  retirement  allowance  of,  under 
instalment  payments,  certain,  to  be  made  by  certain  mem- 
bers in  full  before  attaining  age  sixty     .... 

McMahon,  Mary  Alice,  retirement  allowance  of,  under 


Chap. 


Item  or 
Section. 


102 

6 

309 

299 

1-10 
1.  2 
1,2 
1,  2 

55 
445 
220 
202 
/234 
\445 
409 

36ra 

52,  60 

52 

1-7 

283 
368 

1.  2 
1,  2 

416 

254 

/234 

\434 

234 

4 
1,  2 
730 
730 
729 

206 
/234 
\445 

/234    220 
\434 

1,2 
733 
733 
,  727-731 
730 

26 
434  36f, 
234 

Page  584 
368-370 

194 

/234    727 
\445 

1,2 

,  728,  733 

733 

70 
60 

1.2 
1,2 

336 

18-21,  23 

409 

5-7 

163 
3.36 

57 

1-3 

11-18 
3,  4 

57 

|234{ 

1434 
/234 
1434 

1,  2 
218-220, 
727-731 
219, 730 
218-220 

219 

26 
356 


271 
355 


26 

434 

36f,  Page  584 

353 

438 

1 

438 

1 

232 

1-4 

302 

438 

2-4 

438 

3,4 

234 

366-370 

f   366;  366, 

434 

367 

Page  583 

840  Index. 

Item  or 
Chap.  Section. 

RETIREMENT    SYSTEMS   AND    -PENSIONS  —  Concluded. 
retirement  systems  —  Concluded. 
commonwealth,  of  —  Concluded. 

provisions  of  General  Laws  relative  to,  advisability  of  re- 
vising, investigation  as  to        .  .  .        Resolve 
appropriation  ........ 

Waite,  Silas  F.,  retirement  allowance  of,  under  . 
teachers,  of,  annuity  fund,  contributions  to  .  .  . 

assessments  on  members  .  .      _    . 

exchange  teacher,  service  rendered  as,  in  certain  cases,  al- 
lowance of  credit  for,  under  ..... 

outside  commonwealth,  public  day  schools,  service  rendered 
in,  allowance  of  credit  for,  under  ..... 

pensions,  amount,  etc.      ....... 

retirement  allowances      ....... 

retirement  board,  appropriations 

Revenue  loans,  municipal  (see  Municipal  finance). 

Revere  Beach  parkway,  highway  and  railroad  bridge  between  North 
Shore  road  and,  in  Revere,  reconstruction  and  widening 
of,  investigation  relative  to  .  .  .  .        Resolve       75 

reconstruction  and  widening  of  portion  of,  in  Medford  and  Ever- 
ett, investigation  relative  to  .  .  .        Resolve       75 
traffic  improvements  pertaining  to,  proposed,  investigation  rela- 
tive to         ......          .        Resolve       24 

Revere,  city  of  (see  Cities  and  towns). 

Revolvers,  unlawfully  carrying,  penalty  for   .....     250  1,  2 

See  also  Firearms. 

Reynolds,  Edward  B.  and  Charles  V.,  conveyance  to,  by  trustees 
of  Massachusetts  Hospital  School  of  certain  land  in  town 
of  Canton  in  exchange  for  certain  land  to  be  conveyed  by 
said  persons  to  commonwealth       .  .  .  .  .175 

Rheumatism,  chronic,  hospitalization  of  patients  with         .  .     393 

appropriation     .........     445  605b,  Page  010 

Rifles  (see  Firearms). 

Rivers  (see  Waters  and  waterways). 

Roads  (see  Ways). 

Rockland,  town  of  (see  Cities  and  towns). 

Rockport,  town  of  (see  Cities  and  towns). 

Rockwood,  Albert  W.,  Wakefield,  of,  payment  by  commonwealth 

of  sum  of  money  to      .  .  .  .    _       .        Resolve       61 

Rules  and  regulations,  state  departments,  commissions,  etc.,  of, 
requiring    approval    of,    by    general    court,    investigation 
relative  to  ......        Resolve       25 

appropriation     .........     434  36g,  Page  584 

Rutland,  state  sanatorium,  appropriations    .  .  .  .  .  <  .04  '  f-oo 

town  of  (see  Cities  and  towns). 

s. 

Sabbatia  lake,  Taunton,  city  of,  in,  acquisition  of,  and  adjacent  land 
for  state  reservation  purposes,  further  investigation  rela- 
tive to         ......  .        Resolve       47 

Safety,  public,  department  of  (see  Public  safety,  department  of). 

Sailors  (see  Soldiers,  sailors  and  marines). 

Salaries  (see  Wages). 

Salem,  city  of  (see  Cities  and  towns). 

state  teachers  college  (see  State  teachers  colleges). 
Sale  of  securities  act,  administration  of,  appropriations  234  719,  720 

survey  and  study  of,  by  a  special  commission  .  .        Resolve       37 

appropriation  ........     434    36j,  Page  584 

Sales,  conditional  (see  Conditional  sales). 

Fair  Trade  Law,  so  called       .......     398 

See  also  names  of  specific  articles  of  personal  property. 

[234/      282,282a: 
Salisbury,  Beach  reservation,  appropriations  .  .  .  •  ^    .     r      osq^sqo 

town  of  (see  Cities  and  towns). 


434  /       282,  282a, 
'  ^"^^  ^  282b 


Index. 


841 


Saltonstall,  Alice  W.,  conveyance  of  certain  land  by  trustees  of 

Medfield  state  hospital  to     . 
SANATORIA,    STATE: 

in  general,  admission  to,  for  purposes  of  diagnosis  and  observa- 
tion, of  certain  patients  with  diseases  of  the  lungs  other 
than  recognizable  tuberculosis 

appropriations  . 
Lakeville,  appropriations 


North  Reading,  appropriations 
Rutland,  appropriations 

Wostfield,  appropriations 

Sandwich,  town  of  (see  Cities  and  towns). 

Saturdays,  state  departments,  closing  on,  during  certain  months 

Saugus,  river,  bridge  over,  new,  between  city  of  Lynn  and  Point  of 
Pines  in  city  of  Revere,  payment  of  cost  of  maintenance  of 
town  of  (see  Cities  and  towns). 

Savings  bank  life  insurance,  division  of  (see  Banking  and  insur- 
ance, department  of). 

Savings  banks  (see  Banks  and  banking). 

Savings,  institutions  for  (see  Banks  and  banking,  savings  banks). 

Savoy,  town  of  (see  Cities  and  towns). 

Scales,  sealing  of  certain,  fees  for 

School  children  (see  Schools). 
School  committees  (see  Schools,  public). 

School  janitors,  pensions,  non-contributory,  for,  ultimate  abolition 
of,  advancement  of  date  for  ...... 

retired,  in  certain  cities  and  towns,  pensions  payable  to,  increase  of 
SCHOOLS: 

in  general,  eyeglasses  and  spectacles  for  needy  school  children, 
municipal  appropriations  for  ..... 

lip  reading,  instruction  in,  for  hard  of  hearing  children  in,  in- 
vestigation relative  to        ...  .        Resolve 

appropriation       ........ 

public,    attendance,    compulsory,    at,   raising   of   age   limit   for 

minors,  investigation  relative  to    .  .  .        Resolve 

ej^eglasses  and  spectacles  for  needy  school  children,  municipal 

appropriations  for         ....... 

food  for  undernourished  school  children,  furnishing  by  school 

committees,  investigation  relative  to       .  .        Resolve 

janitors,  pensions,  non-contributory,  for,  ultimate  abolition  of, 

advancement  of  date  for        ...... 

retired,  in  certain   cities  and   towns,  pensions  payable  to, 
increase  of  ........ 

Mann,  Horace,  observances  during  current  year  commemo- 
rative of  life  and  work  of,  participation  in,  by       Resolve 
pupils  in,  hard  of  hearing,  instruction  in  lip  reading  for,  investi- 
gation relative  to      .  .  .  .  .        Resolve 

appropriation       ........ 

undernourished,  furnishing  by  school  committees  of  food  to, 
investigation  relative  to         ...  .        Resolve 

See  also,  supra,  in  general, 
•school  committees,  food,  furnishing  to  undernourished  school 
children  by,  investigation  relative  to       .  .        Resolve 

transportation  of  pupils  to  vocational  schools  in  case  such 
pupils  reside  in  a  town  exempted  by  department  of  edu- 
cation from  maintaining  a  high  school,  providing  by 


Chap. 
329 


392 

[234 

1434 

/  234 
I  434 
(234 

I  434 

/2.34 

1434 

234 

434 


state  aid  and  reimbursement  for,  appropriations 


Item  or 
Section. 


626-637b 

626-637c; 

Page  588 

626-627a 

626;  Page  588 

628-632 

/        628,  630; 

1         Page  588 

633,  634 

633 

635-637b 

/       635,  637c; 

1        Page  588 


430 
380 


f    74 
\305 


102 
202 


185 


1,  2 


38 
434 

361,  Page  584 

65 

185 

62 

102 

1 

202 

4 

38 
434 

361,  Page  584 

62 

62 

323 
234 


transportation  of  pupils  to  vocational  schools,  in  case  of, 
where  such  pupils  reside  in  a  town  exempted  by  depart- 
ment of  education  from  maintaining  a  high  school  . 


434 


337-340, 

350,582; 

Pages  251, 

252 

Page  585 


323 


842  Index. 


Item  or 
Chap.  Section. 


SCHOOLS  —  Conchided. 
public  —  Concluded. 

superintendents  of  schools  in  superintendency  unions,  certifi- 
cates of  fitness  of,  relative  to          ....          .  281 

teachers  in,  certification  of,  investigation  relative  to     Resolve  38 

appropriation       ........  434    361,  Page  584 

institutes,  expenses  of  holding,  appropriations    .          .          .  234                     345 

retirement  of  (see  Retirement  systems  and  pensions). 

training  of,  institutions  for,  investigation  relative  to  Resolve  38 

appropriation  ........  434    361,  Page  584 

\dsiting  purposes,  for,  investigation  relative  to  .        Resolve  38 

appropriation  ........  434    361,  Page  584 

vocational  schools,  for,  training  of,  appropriations       .  .  <  ^04  040 

transportation  of  pupils  to  vocational  schools  in  case  such  pupils 
reside  in  a  town  exempted  by  department  of  education 
from  maintaining  a  high  school,  state  reimbursement  for     323 

vocational  schools,  teachers  for,  training  of,  appropriations     .  <  r^  040 

transportation  of  pupils  to,  state  reimbursement  for,  in  case 
such  pupils  reside  in  a  town  exempted  by  department  of 
education  from  maintaining  a  high  school        .  .  .     323 

special  provisions  relative  to  particular  schools : 

f  2'^4  'iSO— 523 

Belchertown  state  school,  appropriations       .  .  .  .  <  |oT  con 

Bradford  Durfee  Textile  School,  appropriations     .  .  .     234  393 

Bristol  county  agricultural  school,  income  received  at,  dis- 
position of  ........       41 

Essex  county  agricultural  school,  athletic  field  at,  being  con- 
structed as  a  federal  works  progress  administration  proj- 
ect, expenditures  by  trustees  toward  completion  of  .3  1,  2 
income  received  at,  disposition  of 


Essex  county  training  school,  additional  land  in  city  of 
rence  to  be  used  for  purposes  of,  purchase  of  . 

Fernald,  Walter  E.,  state  school,  appropriations     . 
industrial  school  for  boys,  appropriations 
industrial  school  for  girls,  appropriations 
Lyman  school  for  boys,  appropriations 
Massachusetts  hospital  school,  appropriations 


Law- 


41 

69  1,  2 

■  234  524-528 
434  524 

■  234  583,  584 
434  583 
234  585,  586 
434  585 

■  234  587,  588 
434  587 

■  234  589,  590 
434  589 


land,  certain,  in  town  of  Canton,  conveyance  by  trustees  of      175 
Massachusetts  nautical  school,  appropriations        .  .  .  <  ^oa  "ill 

I  234  392 

Massachusetts  school  of  art,  appropriations  .  .  .  <  .„ .  oqo 

Massachusetts  training  schools   (see   Massachusetts  training 

schools) . 
New  Bedford  textile  school,  appropriation     ....     234  396 

Norfolk  county  agricultural  school,  income  received  at,  dis- 
position of  ........       41 

f  2S4  529 

Wrentham  state  school,  appropriations  .  .  .  .  <  .^.  cog 

Murphy,  Francis  S.,  who  died  from  injuries  sustained  at, 
payment  by  commonwealth  of  sum  of  money  to  parents 
of       .......  .        Resolve       48 

Scituate,  town  of  (see  Cities  and  towns). 

Sealers  of  weights  and  measures,  fees  to  be  received  by,  for  sealing 
certain  scales  and  certain  liquid  capacity  measures  . 

Sealing,  scales  and  liquid  capacity  measures,  certain,  of,  fees  for 

Seals,  bounties  on,  appropriation  ...... 

Second  Rural  Cemetery  Association,  property  of,  town  of  Rut- 
land authorized  to  receive  and  administer,  etc.         .  .     293  1—4 
Secretaries,  confidential  (see  Confidential  secretaries). 
SECRETARY,    STATE: 

[034/         192-208; 
in  general,  appropriations    .......  \         \       Page  251 

i  434  193-206 

interstate    co-operation,    commission   on,    in    department   of, 

establishment,  powers,  duties,  etc.  ....     404  1-3 


74 

305 

1.2 

74 

305 

1,  2 

234 

307 

Index.  843 


313 

45 

1 

45 

2 

24 

1,3 

21 

1,2 

24 

2 

Item  or 
Chap.  Section. 

SECRETARY,    STATE  —  Conclvded. 
filing,  etc.,  of  instruments  with: 

Associated  Charities  of  Pittsfield,  transfer  of  certain  funds  by, 

act  authorizing,  certificates  of  acceptances  of  .  .  .     137  3 

bond  of  state  treasurer  as  treasurer  and  custodian  of  unem- 
ployment compensation  funds        .....     421  1,  Subs.  39,  42 

Boston,  city  of,  securing  by,  of  benefits  of  certain  acts  and 
joint  resolutions  of  congress  for  carrying  out  certain  sub- 
way project,  enabling  act  relative  to,  certificates  of  ac- 
ceptances of         .......  .     159  2 

boundary  line,  new,  between  towns  of  Foxborough  and  Wal- 

pole,  plan  of  points  on  ......      140  3 

Braintree,  town  of,  notice  of  establishment  or  revision  of  voting 

precincts  in  ........        17  2 

Burley  Education  Fund  in  Ipswich,  Trustees  of,  act  relative 

to,  copy  of  vote  of  acceptance  of  .....       98  3 

Buzzard's  Bay  Water  District,  addition  of  real  estate  to,  copy 

of  petition  and  vote  as  to      .  .  .  .  .  .      145  13 

corporations,  charitable,  etc.,  change  of  purpose  of,  petitions  for     151  2 

Edgartown  and  Oak  Bluffs,  towns  of,  re-established  boundary 

line  between,  etc.,  plan  of     .  .  .  .  .  .     265  3 

( 40*^  2 

flood  control,  certain  interstate  compacts  relative  to       .  .  <  ^qo  o 

interstate  rendition,  uniform  law  as  to,  under         .  .  .     304    1,   Subs.   20L 

Manchaug  Water  District  of  Sutton,  addition  of  real  estate  to, 

copy  of  petition  and  vote  as  to      .  .  .  .  .      179  13 

Middlesex  College  and  University  of  Massachusetts,  Inc., 
transfers  by,  of  their  property,  etc.,  to  the  Trustees  of 
Middlesex  University,  certificates  as  to  .  .  .  .     326  7 

New  Bedford,  city  of,  redivision  into  wards  and  voting  pre- 
cincts for  municipal  election  purposes,  notice  of 

nomination,  acceptances  of,  time  for  filing  certain 

certificates  of,  time  for  filing  certain  .... 

political  conventions,  delegates  to,  retxirns  relative  to 

polls,  assessed,  number  of,  returns  of,  discontinued 

primaries,  city  and  town,  notice  of,  date  for  filing 

probationers  and  parolees,  interstate  compacts  for  supervision 

of,  copy  of 307  1 

Society  of  St.  Mary  of  the  Peace,  change  of  location  of  place 

of  business  of,  certificate  of  .  .  .  .  .  .     161 

Topsfield  Water  District  of  Topsfield,  addition  of  real  estate 

to,  copy  of  petition  and  vote  as  to  .  .  .     138  13 

power  and  duties,  arrest,  extra-territorial,  on  fresh  pursuit, 
uniform  law  as  to,  copies  of,  certification  to  executive  de- 
partments of  other  states  by  .....     208  2 

ballot  law  commission,  failure  of,  to  render  decisions  within 

required  period,  to  cause  ballots  to  be  printed  in  case  of  .     227 

births,  abnormal  sex,  copies  of  records  of,  in  office  of,  examina- 
tion of,  not  to  be  permitted  except,  etc.  ...       78  1 

General  Laws,  Tercentenary  Edition  of,  distribution  to  certain 

members  of  present  general  court  by     .  .        Resolve       16 

historical     publications,     state,     certain,     disposition    of,     as 

to       .  .  .  .  .  .  .  .        Resolve       14 

interstate  compacts  for  supervision  of  probationers  and  parol- 
ees, law  providing  for,  certification  to  executive  depart- 
ments of  other  states  by        .....  .     307  2 

interstate  rendition,  procedure  on,  uniform  law  as  to,  copies 

of,  certification  to  executive  departments  of  other  states  by     304  2 

interstate  waters  used  for  drinking  purposes,  protecting  purity 
of,  special  commission  to  investigate  relative  to,  to  be  or 
to  designate  a  member  of      .  .  .  .        Resolve 

nominations  for  state  offices,  objections  to,  as  to   . 

polls,  assessed,  number  of,  returns  of,  to  and  bj',  discontinued 

proportional  representation  and  preferential  voting,  election  of 
city  and  town  officers  by,  questions  as  to,  submission  to 
voters  at  state  elections,  as  to        .  .  .  .  .     345  Subs.  1 

vacations  for  certain  municipal  employees,  question  of  ac- 
ceptance of  law  as  to,  submission  to  voters  of  certain  cities 
and  towns  at  a  state  election,  as  to         .  .  .  .15 

voters,  registration  of,  special  commission  to  investigate  rela- 
tive to,  to  be  or  to  designate  a  member  of       .        Resolve       67 

witnesses  from  without  a  state,  attendance  in  criminal  proceed- 
ings, uniform  law  to  secure,  copies  of,  certification  to  ex- 
ecutive departments  of  other  states  by  .  .  .  .210  Z 


51 

212 

1,2 

21 

1.2 

844 


Index, 


Securities,  bank  stocks,  certain,  investment  in,  by  savings  banks  and 
savings  departments  of  trust  companies,  law  relative  to, 
clarified       ......... 

railroad  bonds,  investment  in,  by  savings  banks,  institutions  for 
savings  and  trust  companies  in  their  savings  departments, 
requirements  for,  modified    ...... 

sale,  etc.,  of,  law  regulating,  administration  of,  appropriations 
survey  and  study  of   .  .  .  .  .  .        Resolve 

appropriation  .  ■.•..•  •    .      • 

stock,  transfers  of,  taxation  of,  investigation  relative  to     Resolve 
See   also    Bonds;     Corporations;     County   finance;     Municipal 
finance;  State  finance. 
Securities  division  (see  Public  utilities,  department  of). 
Security,  material  employed  in  construction  and  repair  of  buildings, 
for  payment  for,  investigation  by  judicial  council  relative 
to  providing  for  ......        Resolve 

motor  vehicles,  bodily  injuries,  etc.,  caused  by,  liability  for  (see 
Motor  vehicles,  liability  for  bodily  injuries,  etc.,  caused 
bj%  security  for). 
Security  Act  of  1933,  Federal  (see  Federal  Security  Act  of  1933). 
Seeds,  agricultural,  sale  further  regulated   ..... 

"Seeing  eye"  dogs,  so  called,  blind  persons  entitled  to  be  accom- 
panied by,  on  common  carriers  without  additional  cost 
Seines,  bluefish,  striped  bass  and  white  perch,  taking  by,  off  shores 
of  Barnstable  county,  regulated     ..... 

SELECTMEN: 

assessors,  assistant,  appointment  by,  discontinued     . 
borrowing  of  money  by  towns,  public  welfare,  soldiers'  benefits 
and  federal  emergency  unemployment  relief  projects,  on 
account  of,  approval  by         ....  . 

collectors  of  taxes,  bonds  of,  powers  as  to 

dog  kennels,   licensed,   removal  to  other  municipalities  witliin 

same  county,  approval  by     .  .  . 

eyeglasses  for  needy  school  children,  expenditures  for,  under  di 

rection  of    . 
fish  and  game  wardens  and   deputy   coastal  wardens  paid   by 

towns,  gradual  abolition  of  offices  of,  powers  as  to  . 
officers,  town,  temporary,  appointment  of  certain,  by 
police  officers,  one  day  ofT  in  every  seven  days  for,  law  providing 
for,  acceptance  by         .....  . 

precincts  in  certain  towns,  revision  by      . 
primaries,  town,  notice  of,  to  state  secretary  by 
proportional  representation,  election  by,  of,  etc. 
retirement  systems,  contributory,  for  towns,  powers  and  duties 
as  to  .  .  .  .  .  .  . 

state  tax,  apportionment  and  assessment  of,  duties  as  to 
tent  caterpillars,  suppression  of,  powers  and  duties  as  to 
treasurers,  town,  bonds  of,  powers  as  to  . 

temporary,  appointment  by,  etc.  .... 

Semi-trailer  units,  registration  of,  fees  for  .... 

Senate  (see  General  court). 

Sengekontacket  pond,  boundary  line  between  towns  of  Edgartown 

and  Oak  Bluffs  through  waters  of,  re-established 
Sergeant-at-arms  (see  General  court). 

Service  of  process,  labor  relations  act,  state,  under         .  .  . 

motor  vehicle  accident  cases,  in,  on  certain  defendants  therein    . 
witnesses  from  without  a  state,  attendance  in  criminal  proceed- 
ings, uniform  law  to  secure,  exemption  of  witnesses  under, 
from  ......... 

Settlement  (see  Poor  and  indigent  persons). 

Sewage    disposal,    private   corporations  organized   for  purpose   of 
owning  and  maintaining  for  profit  a  system  of,  imposition 
upon,  of  proportionate  share  of  cost  and  expenses  of  shell- 
fish purification  plants  ...... 

Sewer   districts,    metropolitan    (see    Metropolitan   districts,   sewer 

districts). 
Sewers,  common,  connection  with,  regulations  as  to,  by  boards  of 
health  in  towns  without  authorization  by  their  respective 
towns  ......... 

systems,  approval  by  department  of  public  health     . 
Shapiro,  Miriam  L.,  refunding  to,  by  city  of  Boston  of  certain  liquor 
license  fee  ......... 

Shares  of  stock  (see  Corporations;   Securities). 


Chap. 


87 


56 

234 

37 

434 
58 


Item  or 
Section. 


1.  2 

719,  720 

36j,  Page  584 


288 
247 


349 
129 


107 
143 


95 

185 


1,  2 

1,  2 

2,  4 


413 

3 

143 

3 

85 

1 

267 

1,  2 

24 

2 

345 

57 

1-3 

444 

2-4 

415 

5,  6B 

143 

2 

143 

3 

377 

265 

1-3 

436 

11 

387 

210 


246 


339 
340 


10 


1,  2 


Index.  845 

Item  or 
Chap.  Section. 

Shellfish  (see  Fish  and  fisheries,  marine,  shellfish;  Lobsters). 
Shellfish  wardens,  local,  and  their  deputies,  enforcement  by,  of  law 
regulating  the  taking  by  seines  of  biuefish,  striped  bass 

and  white  perch  off  shores  of  Barnstable  county      .  .     349  1,  2 

SHERIFFS,    DEPUTY   SHERIFFS   AND    CONSTABLES: 

in   general,   interstate   rendition,   criminal,    uniform   law   as   to, 

powers  and  duties  under        ......     304  1 

keepers  of  personal  property  which  has  been  attached,  appoint- 
ment by 308 

unemployment  compensation  law,  overdue  payments  under, 

collection  by        .  .  .  .  .  .  .  .421  1,  Subs.  5 

sheriffs,  bond,  to  give,  annually,  etc.         .....     219  2,  6 

reports  by,  director  of  division  of  accounts,  making  to,  of  cer- 
tain, provisions  of  law  relative  to,  repealed      .  .  .      148 
sheriffs  and  deputy  sheriffs,  service  of  process  by,  on  certain  de- 
fendants in  motor  vehicle  accident  cases         .          .  .     387 
Shirley  Gut,  Boston  harbor,  in,  %«dening  and  deepening  of,  investi- 
gation as  to          .          .          .          .          .          .        Resolve       69 

appropriation     .  .  .  .  .  .  .  .  .     445   3Gt,  Page  610 

Shoe  industry,  promotion  of  interests  of,  etc.,  state  exhibit  for,  at 
World's  Fair  to  be  held  in  New  York  City  in  year  1939, 
investigation  relative  to         ...  .        Resolve       17 

appropriation     .........     434  36d,  Page  584 

Shotguns,  sawed  off,  carrying,  penalty  for    .....     250  1,  2 

See  also  Firearms. 
Shows  (see  Amusements;   Theatrical  exliibitions,  shows  and  amuse- 
ments). 
Shutesbury,  town  of  (see  Cities  and  towns). 

Sight-saving  classes,  children,  for,  appropriation  .  .     234  363 

Signatures,  facsimile,  of  governor,  use  on  certain  bonds  and  notes  of 

commonwealth    ........     252 

Signs  (see  Advertisements). 

Sinking  fund  (see  State  finance). 

Sit  down  strikes,  so  called,  unfair  labor  practice  under  state  labor 

relations  act,  to  be  an  .  .  .  .  .  .     436  8A 

Six  o'clock  law,   so  called,   relating  to  hours  of  employment  of 

women  in  textile  industry,  suspension  until  April  1,  1938  .     153 
Skimrned  milk  (see  Milk). 

Slater,  Morris  Hunt,  Park,  land  in  town  of  Webster  known  as,  con- 
veyance by  said  town  to  S.  Slater  &  Sons,  Incorporated, 

validated 263  1,  2 

Small  claims  procedure,  made  more  effective      .  .  .310 

Smith's  island,  fisheries  in  coastal  waters  adjacent  to,  etc.,  further 

protection  of        .  .  .  ....       49  1—7 

Smoke  inspection,  division  of  (see  Public  utilities,  department  of). 
Snares  (see  Traps). 

Snow  trains,  so  called,  letting  on,  of  certain  equipment  and  acces- 
sories on  Lord's  day,  permitted      .....     286 

Social  purposes,  corporations  organized  for,  change  of  purpose  of     .     151  1,  2 

Societies  (see  Churches  and  religious  corporations;    Corporations; 

Fraternal  benefit  societies). 
Society  of  St.  Mary  of  the  Peace,  location  of  place  of  business  of, 

changed  from  ^^'altham  to  Watertown    ....      161 

Soil  Conservation  and  Domestic  Allotment  Act,  act  of  congress 
known  as,  co-operation  with  federal  government  in  carry- 
ing out  pro\dsions  of     ......  .     374  1-7 

Soil  survey,  reclamation,  and  fairs,  division  of  (.see  Agriculture, 
department  of). 

Soldiers'  bonus,  so  called,  appropriations  .....     234  |        p    •  "^f^j 

Soldiers'  Home  in  Massachusetts,  appropriations  .  |  "i^^  lfi4 

Soldiers'  relief  (see  Public  welfare  and  soldiers'  benefits;   State  aid, 

military  .lid  and  soldiers'  relief). 
SOLDIERS,    SAILORS    AND    MARINES: 

aitl  for,  state  and  military,  rcimbuisement  of  cities  and  towns, 

appropriation       ........     234  161 

annuities  and  pensions  of  certain  soldiers,  appropriations  . 


234  733 

445  733 


bonus  (see  Soldiers'  bonus,  so  called). 

educational   opportunities,   higher,   for  children  of  certain,   ap- 
propriation ........     234  347 

Mexican  border,  service  on,  certificates  of  honor,  appropriation     234  135 


846 


Index. 


SOLDIERS,   SAILORS   AND    MARINES  —  Concluded. 

state  pay  to,  appropriations    ....... 

testimonials  to  certain,  of  world  war,  appropriation 
See  also  Civil  war  veterans;    Militia;    Spanish-American  war; 
State   aid,   military   aid   and   soldiers'   relief;    Veterans; 
World  war. 
Somerset,  town  of  (see  Cities  and  towns). 
Somerville,  city  of  (see  Cities  and  towns). 
Song  sheets,  so  called,  sale  by  minors  ..... 

Sounds  (see  Waters  and  waterways). 

South  Essex  Sewerage  District,  provisions  of  law,  certain,  relating 
to  sewerage  system  of  town  of  Danvers  not  to  be  con- 
strued to  affect    ........ 

South  Hadley,  town  of  (see  Cities  and  towns). 
South   metropolitan   sewerage   district    (see    Metropolitan   dis- 
tricts). 
Spanish-American  war,  payments,  certain,  to  soldiers  and  sailors, 
etc.,  in  volunteer  service  of  United  States  during,  appro- 
priation      ......... 

veterans  of,  pensions  and  retirement  allowances,  non-contribu- 
tory,   for,    ultimate    abolition   of,    advancement   of   date 
for      .......... 

See  also  Veterans. 
Special  commissions  (see  Commissions,  state). 
Special  justices  (see  District  courts). 
Special  laws,  ind3xing  of,  appropriation         ..... 

Spectacles  (see  Eyeglasses). 

Sports  and  recreation,  outdoor,  equipment  and  accessories,  certain, 
for  personal  use  in  connection  with,  letting  of,  on  trains  on 
Lord's  day,  permitted  ...... 

Springfield,  city  of  (see  Cities  and  towns). 

Squantum  Yacht  Club,  channel  from  Quincy  bay  to,  and  basin  in 
front  of  said  club,  etc.,  dredging  of,  investigation  relative 
to       .......  .        Resolve 

appropriation     ......... 

Squibnocket  pond,  Chilmark  and  Gay  Head,  in,  fishing  in,  without 
license,  permitted  ....... 

S.  Slater  &  Sons,  Incorporated,  conveyance  of  certain  park  land 
by  town  of  Webster  to,  validated  .... 

Stable  accessories,  tax  exemption        ...... 

Standard  form  charters,  additional  form  of,  to  be  known  as  "Plan 

E",  investigation  relative  to  .  .  .        Resolve 

cities  having,  preliminary  elections  in,  filing  of  certain  statements 

and  petitions  by  candidates  to  be  voted  for  at,  time  for 
Plan  B  of,  cities  having,  city  council  in,  filling  of  vacancies  in 
Standard  form  of  town  meeting  government,  division  of  towns 
into  voting  precincts  under  ...... 

Standards,  director  and  division  of  (see  Labor  and  industries,  de- 
partment of). 
Standish  monument  reservation,  maintenance  of,  etc.,  appro 
priation       ........ 

State  advisory  council,  powers,  duties,  etc. 
STATE   AID   AND   PENSIONS,    COMMISSIONER    OF: 
appropriations        ........ 

STATE   AID,    MILITARY   AID   AND    SOLDIERS'    RELIEF: 
burial  of  wives  or  widows  of  certain  veterans    . 
cities  and  towns,  by,  borrowing  of  money  on  account  of 
state  reimbursement,  appropriations     .... 

names  of  recipients  of,  disclosure  by  municipalities  or  officers 

thereof,  restrictions  as  to       . 
state  aid,  widows  of  certain  war  veterans,  eligibility  to  receive 
State  auditor  (see  Auditor,  state). 
State  boards  (see  names  of  specific  boards). 
State  boxing  commission  (see  Public  safety,  department  of). 
State  budget  (see  Budget,  state). 

State  college,  Massachusetts  (see  Massachusetts  state  college). 
State  commissions  and  commissioners  (see  Commissioners,  state; 

Commissions,  state). 
State  committees  (see  Elections,  political  committees). 
State  constabulary,  so  called  (see  Public  safety,  department  of: 

divisions  of:   state  police). 
State  constitution  (see  Constitution,  commonwealth,  of). 


Chap. 


234  I 
234 


73 


Item  or 
Section. 

215,216; 

Page  587 

136 


328 


234 


102 


234 


286 


5A 

217 
2 

36 


69 
445 

36t, 

Page  610 

152 

1, 

2 

263 
132 

1, 

2 

76 

147 
224 

1- 

-3 

267 


.  234 
.  421 

281 
1,  Subs.  45 

.  234 

158-160 

.  273 
.  107 
.  234 

2 
1-3 

161 

.  196 
.  273 

1 

Index.  847 

Item  or 
Chap.  Section. 

State  contracts,  orders  for  extra  work  or  materials  or  claims  for 
payment  therefor  in  connection  with,  public  inspection  of, 
in  advance  of  their  approval  or  rejection  .  .  .     407 

State  debt  (see  State  finance). 

State  departments  and  divisions  thereof  (see  Departments, 
state;   Divisions,  state  departments,  of). 

State  elections  (see  Elections). 

State  employees  (see  Commonwealth,  officers  and  employees  of). 

State  farm,  appropriations  .......  1 1^|  539 

defective  delinquent  departments  of,  permits  to  be  at  liberty  from     399  2 

officers,  subordinate,  of,  required  to  take  and  subscribe  to  certain 

oaths  of  office 20  1,  2 

STATE   FINANCE: 

f  234  1-8 

I  434  1—5 

appropriation  acts  ........  s  ^^c^  ^o 

Resolve  (      3 
appropriations,  expenses  witliin,  requirement  as  to,  extended  to 
all  state  officers  and  boards  ..... 

bonds,  notes,  etc.,  facsimile  signatures  of  governor,  use  on  certain 
issuance  of,  Connecticut  river  valley  flood  control,  interstate 
compact  relative  to,  to  pro\ade  funds  for  use  in  connec- 
tion therewith     ........ 

Merrimack  river  valley  flood  control,  interstate  compact 
relative  to,  to  provide  funds  for  use  in  connection  there- 
Math  .  .  .  .  .  . 

north  metropoUtan  sewerage  district,  construction  of  addi- 
tional sewers  in,  for      ....... 

budget,  appropriation  acts  based  on         ....  . 

biennial,  initiative  amendment  to  constitution  providing  for 
biennial  sessions  of  general  court  and  a  .  .  . 

See  also  Appropriations, 
conservation,  department  of,  appropriations  for  use  of,  further 

regulated .426  1,  2 

contracts,  state,  certain  orders  for  extra  work  or  materials  or 
claims  for  payment  therefor  in  connection  with,  public 
inspection  of,  in  advance  of  their  approval  or  rejection      .     407 
permanent,  making  of,  certain  provisions  of  law  relative  to,  ex- 
tended to  all  state  officers  and  boards    ....     359 
debt,  state,  payment  of  interest  on,  appropriation     .  .  .     234  226 

requirements  for  extinguishing,  appropriation         .  .  .     234  225 

emergency  finance  board  (see  Emergency  finance  board), 
enforcement  of  certain  provisions  of  law  relative  to  .  .  .157 

C    3    12 

expenditures,   pubhc,   and   taxation,   problems  of,  investiga-  I  .,'  co' 

tion  and  study  of,  by  special  commission  Resolves  1       '    co 

unlawful,  etc.,  restraint  of  .  .  .  .  .  .  .     157 

gasoline  tax,  portion  of  proceeds  of,  transfer  from  highway  fund 

to  general  fund    ........     443 

general  fund,  gasoline  tax,  portion  of  proceeds  of,  transfer  to        .     443 
governor,  facsimile  signatures  of,  use  on  certain  bonds  and  notes 

of  commonwealth  .......     252 

highway  fund,  restricting  use  of,  for  highway  purposes,  proposed 
constitutional  amendment  for,  investigation  and  study 
relative  to  ......        Resolve         3 

tax,  gasoline,  portion  of  proceeds  of,  transfer  to  general  fund 

from  .........     443 

law  relative  to,  certain  provisions  of,  extended  to  all  state  officers 

and  boards  .  .  .  .  .  .  .  .     359 

metropolitan  district  commission  and  metropolitan  district  water 
supply  commission,  making  and  awarding  of  certain  con- 
tracts by,  regulated      .......     352  1,  2 

sinking  funds,  requirements  of,  appropriation  ....     234  225 

state  tax,  apportioned  and  assessed  .....     444  1-4 

taxes  and  charges  due  from  cities  and  towns  to  commonwealth, 

warrants  for         ........     444  2-4 

unlawful  expenditures,  etc.,  restraint  of  .  .  .  .  .     157 

State  fire  marshal  (see  Public  safety,  department  of). 
State  fire  warden  (see  Conservation,  department  of). 
State  forester  (see  Conservation,  department  of). 


359 

252 

397 

6 

441 

446 

1 

423 

6 

442 

446 

2 

433 

2,  8 

446 

3 

234 

1-8 

434 

1-5 

445 

1-3 

Pages  654, 

,655 

848 


Index. 


W.  Saltonstall  by  trustees  of 


State  forests  (see  Forests  and  forestry). 

State  governments,  council  of,  participation  of  commonwealth  as 

member  of  ........ 

State  highways  (see  Ways). 

STATE   HOSPITALS   FOR   INSANE,    ETC.: 

in  general,  conspiracies  to  commit  to,  persons  who  are  not  insane, 

penalty 

Boston,  appropriations  . 

McMahon,  Mary  Alice,  superintendent  of  nurses  at,  retire- 
ment allowance  of,  under  state  retirement  system 

psychopathic,  appropriations 

Danvers,  appropriations 

Foxborough,  appropriations 

Gardner,  appropriations 

Grafton,  appropriations 

Medfield,  appropriations 

land,  certain,  conveyance  to  Alice 
Metiopolitan,  appropriations 

Monson,  appropriations 

Northampton,  appropriations 

Taunton,  appropriations 

Westborough,  appropriations 

Worcester,  appropriations 
STATE   HOUSE: 

capitol  police,  appropriations 

Disabled  American  Veterans  of  the  World  War,  ofRcial  insignia 
of,  mural  painting  representing,  in,  placing  of  bronze  letter- 
ing under    .......        Resolve 

appropriation 

engineer's  department,  appropriation 

janitors,  appropriation  . 

mailing  room,  central,  appropriations 

maintenance  of,  etc.,  appropriations 

old  provincial,  appropriation 

Storrow,  James  Jackson,  tablet  commemorating  public  services 
rendered  by,  acceptance  by  commonwealth  and  placing 
thereof  in    .  .  .  .  .  .  .        Resolve 

telephone  service,  appropriation       ...... 

women  formerly  employed  in  cleaning,  and  now  retired,  com- 
pensation, appropriation        ...... 

world  war  mothers,  mural  painting  commemorating  sacrifices  of, 
placing  of,  in        .  .  .  .  .  .        Resolve 

appropriation  ........ 

See  also  Superintendent  of  buildings. 

State  infirmary,  appropriations  ....... 

State  institutions  (see  names  of  specific  institutions). 

State  judge  advocate,  appropriation  ...... 

State  labor  relations  act,  so  called  (see  Labor  relations  act,  state, 

so  called). 
State  library,  appropriations       ....... 

State   officers  and  employees   (see  Commonwealth,  officers  and 

employees  of). 
State  planning  board  (see  Planning  board,  state). 
State  police,  patrol  (see  Public  safety,  department  of:   divisions  of: 

state  police). 

retired,  compensation,  appropriations       ..... 
See  also  Police  officers. 


Chap. 
404 


Item  or 
Section. 


136 
234 
434 

355 
234 
434 
234 
434 
234 
434 
234 
434 
234 
434 
234 
434 
329 
234 
434 
234 
434 
234 
434 
234 
434 
234 
434 
234 
434 

'234 
434 


473-475b 
473 ;  Page  587 


472 
472 

476-478 
476 

479-481 
479 

482-485 
Page  587 

486-490 
486 

491-494 
Page  588 


482 


491 


495 


495-498a 
Page  588 

516-519 
516 

499-503 
499,  503a 

504-506 
504-506b 

508-513 
508,  5a3a 

514,  515 
514,  515a 

180 
180 


18 
434 
234 
234 
234 
'234 
434 
234 


10 

234 

234 


163b,  Page  583 

179 

181 

183,  188 

178-188 

180-187 

191 


185 
731 


19 
434  163c,  Page  583 


'234 
434 


234 


234 


/234 
1434 


591-594 
591 


150 

174-177 


730 
730 


Index. 


849 


state  police,  division  of  (see  Public  safety,  department  of). 

State  primaries  (see  Elections). 

State  printing  and  binding,  persons  employed  in,  register  of 

State  prison,  appropriations         ....... 

Kinzler,  Theodore,  who  died  as  result  of  injuries  sustained  at, 
payment  by  commonwealth  of  sum  of  money  to  mother 
of       .......  •        Resolve 

State  prison  colony,  appropriations    ...... 

land,  certain,  in  town  of  Norfolk  used  for  purposes  of,  sale  by 
commissioner  of  correction    ...... 

permits  to  be  at  liberty  from  ...... 

State  quartermaster,  appropriations  ...... 

armory  commission,  to  be  member  of       ....  . 

State  racing  commission  (see  Racing  commission,  state). 
State  reclamation  board,  appropriations     .  .  .  .  . 

State  reservations  (see  Pariv  reservations). 

State  retirement  board,  appropriations       ..... 

executive  secretarj'  of,  to  be  member  of  special  commission  to 
investigate   as   to   advisability   of   revising   provisions   of 
General  Laws  relating  to  contributory  pensions  for  em- 
ployees of   commonwealth   and   of  metropolitan   district 
commission  .  .  .  .  .  .        Resolve 

See  also  Retirement  systems  and  pensions. 
States,  United  States,  of,  arrest,  extra-territorial,  on  fresh  pursuit, 
uniform  law  as  to,  co-operation  in  connection  therewith 
by  commonwealth  with  .  .  .  .  .  . 

interstate  co-operation,  commission  on,  co-operation  by,  with  . 

probationers  and  parolees,  interstate  supervision  of,  compacts 

for,  by         .  .  .  .  .  .  .  .  _        • 

rendition,  criminal,  interstate,  uniform  law  as  to,  as  affecting   . 

Soil  Conservation  and  Domestic  Allotment  Act,  carrying  out  of 

provisions  of,   co-operation   by  commonwealth  in,   with 

agencies  of  ........ 

unemployment  compensation  law,  arrangements,  etc.,  under, 
with  .  .  .  .  .  .  •.-..■ 

witnesses  from  without  a  state,  attendance  in  criminal  pro- 
ceedings, law  securing,  made  uniform    .  .  .  . 

See  also  Connecticut;    New  Hampshire;    Vermont. 
State  sanatoria  (see  Sanatoria,  state). 
State  secretary  (see  Secretary,  state). 

State  Street  Committee,   chairman  of,  to  be  member  of  special 
commis.sion  to  investigate  relative  to  removal  of  Atlantic 
avenue  section,  so  called,  of  elevated  railway  structure 
in  city  of  Boston  .....        Resolve 

State  surgeon,  appropriations     ....... 

State  tax,  apportioned  and  assessed      .... 

State  teachers  colleges,  appropriations        .... 


Chap. 

Item  or 
Section. 

373 

/234 
1434 

546 
546 

50 
234 

555,  556 

200 

399 

/234 

\  434 

300 

2 

137-146 
141-145 

1 

234 

265,  266 

/234 
\434 

218-220 
219 

investigation  relative  to,  etc.  ....        Re.solve 

appropriation     .  .  ... 

students  in,  state  aid  to,  appropriation     ..... 

State  teachers'  retirement  association  (see  Retirement  systems 

and  pensions). 
State  treasurer  (see  Treasurer,  state). 
Stationery,  general  court,  appropriations       ..... 

Statistical  service,  department  of  labor  and  industries,  appropria- 
tion   .......... 

STATUTES: 

local  acceptance  of  particular: 

fire  departments  in  certain  towns,  retirement  of  certain  call 
members  of  .....  • 

police  officers,  one  day  off  in  every  seven  days  for 
town  elections,  regular,  absent  voting  at        .  .  . 

vacations  for  certain  municipal  employees     . 
special,  indexing  of,  appropriation  .  .  . 

uniform  (see  Uniform  state  laws,  commissioners  on). 
See  also  Acts  and  resolves;   General  Laws;   Laws. 
Sterling,  town  of  (see  Cities  and  towns). 
Stiletto,  carrying,  penalty  for       .....  . 


26 


208 
404 

1.  2 
1 

307 
304 

1.  2 
1-3 

374 

4 

421 

1,  Subs.  48 

210 

1,  2 

22 
234 
444 

234 


i234{ 
[434 


434 
38 
434  361, 
234 


234 
234 


147-149 

1-4 

374-392; 

Page  252 

374-392 

Page  584 
346 


26,  29 
456 


220 

85 

77 

15 

234 


250 


36 


1.  2 


850 


Index. 


St.  Mary  of  the  Peace,  Society  of,  location  of  place  of  business  of, 
changed  from  Waltham  to  Watertown  .  .  .  . 

Stock,  corporate,  shares  of  (see  Securities). 

Stockholders,  business  corporations,  of,  calling  of  special  meetings  of 

lists  of,  etc.,  filing  by  corporations,  etc.,  with  commissioner  of 

corporations  and  taxation      ...... 

trust  companies,  of,  so  called  double  liability  of,  eliminated 
Storage,  fish  or  lobsters  in,  theft  of,  penalty  .  .  .  . 

Stores,  keeping  open  on  Lord's  day  of  certain,  licenses  for,  granting 
and  talcing  effect  of      ......  . 

Storrow,  James  Jackson,  Charles  river  basin,  certain  improvements 
in,  establishment  as  memorials  to  .  .  .        Resolve 

tablet    commemorating   public    services    rendered    by,    accept- 
ance   by  commonwealth  and    placing    thereof    in    state 
house  .......        Resolve 

Streams  (see  Waters  and  waterways). 

Street  railways,  blind  persons  entitled  to  be  accompanied  by  "see- 
ing eye"  dogs,  so  called,  upon,  without  additional  cost 
taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises). 
See  also   Boston   Elevated   Railway   Company;     Northampton 
Street  Railway  Company. 
Streets  (see  Ways). 

Strikebreakers,  so  called,  private  police  and  detectives  as,  activities 
of,  regulated        ........ 

Strikes  (see  Labor;   Labor  relations  act,  state,  so  called). 
Striped  bass  (see  Game  and  inland  fisheries,  fish  and  fishing). 
Subversive  organizations,  so  called,  activities  of,  investigation 
relative  to  ......        Resolve 

appropriation     ......... 

Succession  tax,  additional,  temporary,  imposition,  etc.  . 
Sudbury,  town  of  (see  Cities  and  towns). 

Suffolk,  Law  School,  name  changed  to  Suffolk  University  and  es- 
tablished as  a  university        ...... 

University,  established  ....... 

SUFFOLK    COUNTY: 

court  house  in  city  of  Boston,  proposed  addition  to,  erection  of 

certain  pent  houses,  etc.,  above  roof  line  of     . 

temporary  borrowing  by   city   of  Boston  to  provide  funds 

to  meet  in  part  the  cost  of,  in  anticipation  of  payments  by 

state  and  federal  governments       ..... 

district  courts  in,  other  than  municipal  court  of  city  of  Boston, 
probation  officers  appointed  for,  fixing  of  compensation 

of       .  ....  . 

dog  law,  certain  provisions  of,  applicable  specially  to 
money,  certain  sum  of,  now  in  custody  of  city  of  Boston,  use  for 
general  purposes  of       ......  . 

retirement  system  of  (see  Retirement  systems  and  pensions,  re- 
tirement systems,  Boston,  city  of,  of), 
superior  court,  civil  business,  clerk  of,  certain  sum  of  money  paid 
to  collector  of  city  of  Boston  by,  use  for  general  purposes 
of  said  county     .  .  .  .  . 

colleges,  universities  and  chiropody  (podiatry)  schools,  refusal 
of  board  of  registration  to  approve,  in  connection  with 
eligibility  requirements  for  applicants  for  registration  as 
chiropodists  (podiatrists),  revision  or  reversal  by 
Suicide,  payment  of  workmen's  compensation  in  certain  cases  of 
Suits,  civil  (see  Actions,  civil). 

Sullivan,  Leo  T.,  police  department  of  city  of  Pittsfield,  in,  trans- 
ferred to  rank  of  regular  officer  of  said  department  . 
Summons,  issuance  instead  of  warrant  for  arrest  in  certain  prosecu- 
tions for  violation  of  motor  vehicle  laws 
Sumner  Tunnel,  Boston,  city  of,  in,  operating  year  in  connection 

with  operation  and  maintenance  of,  period  of,  changed 
Sunday  (see  Lord's  day). 
Sun  stroke,  payment  of  workmen's  compensation  in  certain  cases 

of 

SUPERINTENDENT    OF   BUILDINGS: 

appropriations       ........ 

Disabled  American  Veterans  of  the  World  War,  official  insignia 

of,  mural  painting  representing,  in  state  house,  placing  of 

bronze  lettering  under,  direction  by,  etc.  .        Resolve 

appropriation  ........ 


Chap. 

Item  or 
Section. 

161 

52 

395 
248 
168 

3 

124 

31 

10 


247 


437 


1-3 


32 
434  36h, 
422 

Page  584 
2.  3,  5 

237 

237 

1.2 
1.  2 

238 

1,2 

181 

186 
375 

128 


128 


1-3 


1-3 


425 
370 

5 
2 

272 

1,2 

230 

1,2 

93 

1-4 

370 

/234 
1434 


18 
434  163b, 


178-188 
180-187 


Page  583 


Index.  851 

Item  or 
Chap.  Section. 

SUPERINTENDENT    OF    BTJII^Bm GS  —  Concluded. 

employees  of,  placed  under  civil  service   .  .  .  .  .84  1,  2 

world  war   mothers,  mural  painting  commemorating  sacrifices 
of,  making  and  placing  of,  in  state  house,  direction  by, 
etc.    ........        Resolve       19 

appropriation  ........     434  163c,  Page  583 

Superintendents  of  schools  (see  Schools,  public). 
Superior  court  (see  Supreme  judicial  and  superior  courts). 
Supervisor,  public  records,  of  (see  Public  records,  supervisor  of). 

Supplementary  appropriation  acts  .  .  <  ^^^  j_3 

Supplementary  proceedings,  civil  actions,  in,  entry  fee  for,  re- 
duced .........     188 

Support,  poor  persons,  of  (see  Poor  and  indigent  persons). 
SUPREME    JUDICIAL   AND    SUPERIOR    COURTS: 
provisions  common  to  both: 

chief  justices  and  associate  justices  of,  retirement  or  resigna- 
tion of,  pensions  upon,  etc.  ......     409  1,  2,  7 

clerks  of  (see  Clerks  of  courts). 

court  officers,  pensions,  non-contributory,  for,  ultimate  aboli- 
tion of,  advancement  of  date  for    .....      102  4 

equity,  jurisdiction  in  (see  Equity  jurisdiction). 

justices  of,  industrial  home  work,  regulation  of,  powers  and 

duties  as  to 429        Subs.  147F 

supreme  judicial  court,  appeals  to,  from  milk  control  board  .     428  5 

f 2S4  S7-47 

appropriations |  ^^^  ^^ 

banks,  closed,  payment  of  dividends  on  deposits  in,  to  certain 
minors  and  to  next  of  kin  of  certain  deceased  persons, 
approval  by         .  .  .  .  .  .  .  .     170 

clerk  and  assistant  clerk  of,  for  commonwealth,  each  to  give 

bond  annually,  etc.       .  .  .  .  .  .  .     219  4 

justices  of,  clerk  of  courts,  fifth  assistant,  Middlesex  county, 

appointment  by  .......     158  1,  2 

labor  relations  act,  state,  judgments  and  decrees  of  superior 

court  under,  review  by  .....  .     436  10  (e) 

reporter  of  decisions  of,  appropriations  .  .  .  .  <  ^ot  '  ^^ 

reports  of  decisions  of,  printing  of,  appropriation  .  .  .  234  202 

shellfish  purification  plants,  proportionate  share  of  cost  and 
expenses  of,  imposition  upon  certain  private  corporations, 

powers  and  duties  as  to         .  .  .  .  .  .  246 

state  tax,  payment  of,  enforcement  by,  etc.  .  .  .  444  4 

superior  court,  appeals  to,  criminal  cases,  in,  withdrawal  of     .  311 
labor  and  industries,  commissioner  of,  decisions  of,  from,  as 
to   employers  discriminating  against  certain   persons  in 

employment  on  account  of  their  age       ....  367  2 

labor  relations  act,  state,  under         .....  436  9,  10 

milk  control  board,  from  ......  428  5,  11 

minimum  wage  law,  under        ......  401        1,  Subs.  14 

appropriations (Ill  ^^52 

Boston,  city  of,  certain  sum  of  money  now  in  custody  of,  use 

for  general  purposes  of  Suffolk  county,  authorization  by  .     128  1-3 

chiropody  (podiatry)  schools,  refusal  of  board  of  registration 
to  approve,  in  connection  with  eligibility  requirements  for 
applicants  for  registration  as   chiropodists  (podiatrists), 
review  by  a  justice  of  .  .  .  .  .  .  .     425  5 

See  also,  infra,  Suffolk  county,  for. 

Connecticut  river  valley,  flood  control  in,  certain  interstate 
compact  relative  to,  cost  and  expense  of  certain  highway 
relocations  in  connection  with,  determination  by     .  .     397  3 

district  court  judges  sitting  in,  trial  of  certain  criminal  cases 

by,  appropriations    .......     234  53-55 

law  providing  for,  duration  extended      ....     358 

Essex  county,  appropriation  for  criminal  costs  in,  for  current 
year,  county  treasurer  authorized  to  make  certain  charge 
against        .  .  .  .  .  .  .  .  .28 

justices  of,  proportional  representation  and  preferential  voting, 
election  of  city  and  town  officers  by,  recounts  in,  powers 

as  to .     345  Subs.  12 

witnesses  from  without  a  state,  attendance  in  criminal  pro- 
ceedings, uniform  law  to  secure,  powers  and  duties  under  .210  1 


852  Index. 


Item  or 
Chap.  Section. 


SUPREME  JUDICIAL  AND  SUPERIOR  COURTS  —  Concluded. 
superior  court —  Concluded. 

labor  relations  act,  state,  powers  and  duties  under         .  .     436  9,  10,  11 

Merrimack  river  valley,  flood  control  in,   certain  interstate 
compact  relative  to,  cost  and  expenses  of  certain  highway 

relocations  in  connection  wdth,  determination  by     .  .     423  3 

probation  ofiicers,  annual  bonds  of,  sum  and  sureties,  fixing  and 

approval  by  .......  .     219  5 

sheriffs,  annual  bonds  of,  sureties  on,  ordering,  etc.,  by   .  .     219  2,  6 

Suffolk  county,  civil  business,  sum  of  money,  certain,  paid  to 
collector  of  city  of  Boston  by  clerk  of,  use  for  general  pur- 
poses of  said  county     .......     128  1-3 

colleges,  universities  and  chiropody  (podiatry)  schools,  re- 
fusal of  approval  of,  by  board  of  registration  in  connec- 
tion with  eligibility  requirements  for  applicants  for  regis- 
tration as  chiropodists  (podiatrists),  revision  or  reversal  by  425  5 
Suffolk,  Norfolk  or  Middlesex  county,  petitions  to,  for  assess- 
ment of  damages  in  acquisition  of  certain  property  of  Ded- 
ham  and  Hyde  Park  Gas  and  Electric  Light  Company  by 

city  of  Boston 292  2 

tort  actions  arising  out  of  operation  of  motor  vehicles,  re- 
moved by  plaintiff  to,  costs  in  certain,  relative  to      .  .44  1,2 
time  of  filing  in  district  courts  by  plaintiffs  in,  of  claims  of 

trial  by 133  1.  2 

Surety  bonds,  security,  as,  for  civil  liability  for  personal  injuries 
caused  by  motor  vehicles,  requirement  of  (see  Motor  ve- 
hicles, liability  for  bodily  injuries,  etc.,  caused  by,  security 
for). 
Surgeons  (see  Physicians). 
Surgeon,  state,  appropriations    .......     234  147-149 

Surplus  milk,  so  called  (see  Milk). 

Survival  of  actions,  citation  of  executors  and  administrators  of  de- 
ceased defendants  and  time  of  bringing  certain  actions, 
the  cause  of  which  survives,  against  executors  and  ad- 
ministrators ........     406  1-3 

Sutton,  town  of  (see  Cities  and  towns). 

Swan  Pond  river,  use  of  beam  or  otter  trawls  in  taking  fish  from,  or 
any  ponds  or  streams  connected   therewith  in  town  of 
Dennis,  prohibited        .  .  .  .  .  .  .182  1,  2 

Swansea,  Fire  and  Water  District,  abohshed  ....       92  1,  2 

town  of  (see  Cities  and  towns). 
Swedish  colonists,  first  permanent  settlement  in  this  country  of, 
three  hundredth   anniversary  of,   special   commission   to 
prepare  plans  and  programs  for  celebration  in  this  com- 
monwealth of,  revived  and  continued     .  .        Resolve       23 
Syphilis,  persons  suffering   from,    treatment   of,   responsibility   for, 

transferred  to  commonwealth         .....     391 

appropriation    .........     445  605a,  Page  610 


Table  of  changes  in  General  Laws    ......  Pages  661-734 

Taps,  used  for  sale  of  malt  beverages  on  draught,  labelling  of   .  .     264 

Tashmoo  pond,  Tisbury,  in,  fishing  in,  without  license,  permitted     .     152  1,  2 

Taunton,  city  of  (see  Cities  and  towns). 

river,  bridge  over,  proposed,  between  Fall  River  and  Somerset, 

investigation  relative  to         ...  .        Resolve       24 

improvement  of  certain  part  of,  reappropriation    .  .  .     434  Page  588 

state  hospital,  appropriations  .  .  .  .  .  .  \  '1$,,  r^;   7^,., 

\ 434  504-506b 

Taverns,  alcoholic  beverages,  sale,  serving,  etc.,  in  (see  Alcoholic 

beverages) . 
TAX  APPEALS,    BOARD    OF: 

abolished,  and  succeeded  by  the  appellate  tax  board          .          .     400  1-7 

appropriations       .  .  .  .         • {||4  221.222 

Waltham,  city  of,  certain  taxes  assessed  by,  to  Waltham  Watch 
Company,  funding  by  said  city  of  payments  to  said 
company  of  so  much  of  said  taxes  as  may  be  abated  by, 
etc 386  2,  2A 


Index. 


853 


135 


357 


Chap. 
TAXATION: 

in  general,  ubatements,  forms  of  applications  for,  etc. 
appellate  tax  board  (see  Appellate  tax  board), 
bonds  of  Boston  Elevated  Railway  Company  held  by  Boston 
metropolitan  district  exempted  from       .... 

Conflicting  Taxation,  Commission  on,  certain  expenses  in  con- 
nection with  Interstate  Legislative  Assembly  and  Resolve 
appropriation  ........ 

forms  of  application  for  abatements,  etc.,  approval,  etc.  . 
interstate  co-operation,  commission  on,  to  consider  questions 

of,  etc.         .  . 404 

investigation  and  study  by  special  commission  of  problems  /  3,  12, 

of Resolves  \  53, 58 

appropriations  .  .  .  .  .  .  .  .  f  434 

Resolve  \       3 
tax  appeals,  board  of  (see  Tax  appeals,  board  of). 
corporations,  of,  abatements  or  corrections,  forms  of  applica- 
tions for     ........ 

business  corporations,  additional,  temporary,  imposition,  etc. 
distribution  to  cities  and  towns  .... 

domestic,  certain     ....... 

securities,  dealing  exclusively  in    . 
corporate  franchises,  additional,  temporary,  imposition,  etc. 
dissolved  corporations,  certain     ..... 

electric  railroad  companies  (see,  supra,  corporations,  of,  cor- 
porate franchises), 
foreign,  certain  ........ 

dividend  credit,  certain,  not  to  be  allowed  to,  temporarily   . 
investigation  relative  to  .  .  .  .  .        Resolve 

See  also,  supra,  business  corporations;  infra,  manufacturing 
corporations, 
gas  and  electric  companies  (see,  supra,  corporations,  of,  cor- 
porate franchises), 
manufacturing  corporations,  domestic  and  foreign,  certain 
machinery  of,  exemption  from  local  taxation,  discontinuance 
of  certain  deductions  in   taxation  of  such  corpora- 
tions on  account  of         .....  . 

distribution  to  cities  and  towns  of  certain  corporation 
taxes  on  account  of         .....  . 

See  also,  supra,  corporations,  of,  business  corporations, 
railroad    companies    (see,    supra,    corporations,    of,    corporate 

franchises). 
savings  banks,  deposits  in,  exemption  of,  in  so  far  as  invested 
in  real  estate  acquired  by  them  by  foreclosure  of  mort- 
gages or  at  certain  sales     ...... 

investigation  relative  to         ...  .        Resolve 

street  railway  companies  (see,  supra,  corporations,  of,  corporate 

franchises) . 
telephone  and  telegraph  companies  (see,  supra,  corporations, 

of,  corporate  franchises), 
trust  companies,  sa\'ings  departments  of,  deposits  in,  exemp- 
tion of,  in  so  far  as  invested  in  real  estate  acquired  by 
them  by  foreclosure  of  mortgages  or  at  certain  sales 
investigation  relative  to         .  ...        Resolve 

unemployment   compensation    law,    contributions   under,    as 
affecting      ......... 

water  companies  (see,  supra,  corporations,  of,  corporate]  fran- 
chises). 
county  tax,  granting  for  certain  counties         .... 

estates  of  certain  decedents,  transfers  of,  relative  to 
excise  tax,  alcoholic  beverages,  corporations,  associations,  etc., 
engaged  in  sale  of,  levying  upon  certain,  investigation 
relative  to  ......        Resolve 

gasoline  and  certain  other  fuel  used  in  propelling  motor  ve- 
hicles, sales  of,  on  (see,  infra,  gasoline  tax), 
motor  vehicles,  registered,  on  (see,  infra,  motor  vehicles,  regis- 
tered, excise  on), 
trailers,  registered,  upon,  in  lieu  of  local  tax,  investigation  rela- 
tive to         ......  .        Resolve 

gasoline  tax,  portion  of  proceeds  of,  transfer  from  Highway 
Fund  to  General  Fund  ...... 

reports  and  payments  in  connection  with,  investigation  rela- 
tive to         .  .  .  ...  .        Resolve 

incomes,  of,  abatements,  form  of  application  for 

additional,  temporary,  imposition,  etc.  .... 


36 
434  30k, 
135 


135 
422 
108 
395 
395 
422 
239 


395 
395 

58 


395 


383 
108 


274 

58 


Item  or 
Section. 

1-3 

2 

Page  584 
1-3 

1 

36a 


3 

1,  3,  5 

1.  3 

6 

5 

1,  3,  5 
4 


6 

1-3 
1,3 


274 

58 

1 

421 

1,  Subs.  12 

320 
420 

2 
1-4 

58 


58 

443 

58 
135 
422 


2 
1,3-5 


854 


Index. 


TAXATION  —  Concluded. 

incomes,  of  —  Concluded. 

associations,  etc.,  with  transferable  shares,  investigation  rela- 
tive^to         .......        Resolve 

dividends  ........ 

distribution  of  proceeds  to  cities  and  towns 
estates,  fiduciaries,  partnerships,  associations  and  trusts,  cer- 
tain, received  by  ...... 

investigation  relative  to       ....  .        Resolve 

Savoy,  town  of,  distribution  to,  from  receipts  of    . 
unemployment    compensation    law,    contributions   under,    ai 
affecting      ........ 

legacies  and  successions,  of,  additional,  temporary,  imposi 
tion,  etc.     ........ 

local  taxes,  abatements.  New  Bedford,  city  of,  in,  borrowing  of 
money  by  said  city  for  purpose  of  meeting  certain   . 
refusal  of,  appeals  upon  ...... 

See  also  Appellate  tax  board, 
assessment  of,  deceased  persons,  real  property  of  . 

exemptions,  dwelling  houses,  certain,  partial  exemption  of, 
investigation  and  study  relative  to      .  .        Resolve 

machinery  of  manufacturing  corporations,  deductions,  cer- 
tain, in  taxation  of  such  corporations  discontinued  on 
account  of    . 
distribution  to  cities  and  towns  of  certain  corporation 
taxes  on  account  of        ....  . 

tangible  personal  property    ..... 

tent  caterpillar  suppression,  for         .... 

.     assessors  (see  Assessors  of  taxes). 

collection  of,  interest  on  unpaid,  further  reduced   . 

sale  or  taking  of  land,  by,  covenants  and  agreements  running 
with  land,  land  conveyed  to  be  subject  to,  etc. 
instruments  of  taking,  fees  for  recording 
redemption,  penalty  for  violation  of  certain  provisions  of 
law  relative  to  ...... 

tax  titles,  land  conveyed  to  be  subject  to  and  have  bene 
fits  of  covenants  and  agreements  running  with  land 
redemption  of,  penalty  for  violation  of  certain  provi- 
sions of  law  relative  to  . 
See  also  Collectors  of  taxes, 
interest  on  unpaid,  rates  of,  further  reduced 


Chap. 


Item  or 
Section. 


58 
395 
395 

1.3,4 
4 

395 

58 
369 

1 
1.  2 

421 

1,  Subs.  12 

422 

2,3,5 

171 

400 

1,  2 
6 

114 
12 


383 

1-3 

108 
132 
415 

1,  3 

6B,  7 

203 

1,2 

209 
97 

43 
209 


43 


investigation  and  study  relative  to 


Resolves 


limitation  of  rate  of  taxation  on  real  estate,  investigation  and 
study  relative  to  .....        Resolve 

poll  taxes,  exemption  of  male  persons  seventy  years  of  age  or 
older  from  payment  of,  continuance  of  annual  listing  of 
such  persons  notwithstanding         ..... 

number  assessed,  returns  of,  by  registrars  of  voters  to  state 
secretary  and  by  him  to  general  court,  discontinued 
reimbursement,  state,  for  loss  of  taxes  on  land  used  for  public 
institutions,  etc.,  appropriation      ..... 

tax  titles  (see,  supra,  collection  of,  sale  or  taking  of  land,  by), 
trailers,  registered,  excise  upon,  in  lieu  of,  investigation  rela- 
tive to         ......  .       Resolve 

unpaid,  rates  of  interest  on,  further  reduced 
water  rates  and  charges,  collection  of,  investigation  and  study 
relative  to  ......        Resolve 

motor  vehicles,  registered,  excise  on,  payment  of,  a  pre- 
requisite to  registration,  investigation  relative  to  mak- 
ing    ........        Resolve 

state  tax,  apportioned  and  assessed         ..... 

Stock  transfers,  of,  investigation  relative  to  .  .        Resolve 

Taxation,  corporations  and,  department  of  (see  Corporations 

and  taxation,  department  of). 
Tax  titles  (see  Taxation,  local  taxes,  collection  of). 
Teachers  (see  Schools,  public). 

Teachers  colleges,  state,  appropriations      .... 


203 
3, 
12,53, 

58 


investigation  relative  to,  etc. 

appropriation    .... 
students  in,  state  aid  to,  appropriation 


Resolve 


21 
234 


58 
203 


12 


58 

444 

58 


|234{ 
[434 


434 

38 

434 

234 


361, 


1,2 

1.2 
1,2 
330 

1.2 
1-4 


374-392; 

Page  252 

374-392 

Page  584 
346 


Index. .  855 


Item  or 
Chap.  Section. 

Teachers'  retirement  board  (see  Education,  department  of;    Re- 
tirement systems  and  pensions). 
Teachers'  retirement  system  (see  Retirement  systems  and  pen- 
sions). 
Telephone  and  telegraph  companies,  taxation  of  (see  Taxation, 

corporations,  of,  corporate  franchises). 
Telephone  and  telegraph  division  (see  Public  utilities,  depart- 
ment of). 
Telephones,  state  house,  appropriation  .....     234  185 

Ten  Mile  river,  sanitary  condition  of, investigation  relative  to  Resolve       66 

appropriation     .........     445  36q 

Tent  caterpillars,  elimination  and  suppression  of  .  .  .     415  2-11 

Tercentenary  Edition  of  the  General  Laws,  distribution  to  cer- 
tain members  of  present  general  court  .  .       Resolve       16 
Testimonials,  soldiers  and  sailors  of  world  war,  to,  appropriation    .     234  136 
Tewksbury,  town  of  (see  Cities  and  towns). 

Textile  industry,  promotion  of  interests  of,  etc.,  state  exhibit  for,  at 
World's  Fair  to  be  held  in  New  York  city  in  year  1939, 
investigation  relative  to         .  .  .  .       Resolve       17 

appropriation  ........     434   36d,  Page  584 

six  o'clock  law,  so  called,  relating  to  hours  of  employment  of 

women  in,  suspension  until  April  1,  1938  .  .  .153 

TEXTILE   SCHOOLS: 

Bradford  Durfee,  appropriation       ......     234  393 

Lowell  (see  Lowell  textile  institute). 

New  Bedford,  appropriation  .......     234  396 

Theatrical  exhibitions,  shows  and  amusements,  Boston,  city 

of,  in,  term  of  certain  licenses  for  .  .  .  .91  1,2 

tips  or  gratuities  given  for  checking  of  clothing,  etc.,  at,  benefici- 
aries of,  misleading  of  patrons  as  to,  prevention  of  .  .     342 
Thebaud,    Gertrude    L.,    fishing    schooner,    exhibition    of,    at 

World's  Fair  in  Chicago,  deficiency  appropriation    .  .     434  Page  585 

Theft,  fish  or  lobsters,  of,  while  in  storage,  penalized,  and  penalty  for 

certain  other  thefts  thereof  increased      ....     168 

Thompson,  bridge,  repair  and  reconstruction  of,  by  town  of  Colrain, 
state  reimbursement  of  said  town  for  moneys  expended  by 

it  for 351 

J.  Edgar,  reinstatement,  temporary,  as  member  of  fire  depart- 
ment of  city  of  Somerville  for  purposes  of  retirement  only     194  1,  2 
Tide  waters  (see  Waters  and  waterways). 

Tips,  hat-check  and  cigarette  girls  and  the  like,  given  to,  beneficiaries 
of,  misleading  of  patrons  of  certain  places  as  to,  preven- 
tion of 342  1,  2 

Tisbury,  town  of  (see  Cities  and  towns). 

Title  to  land,  registration  of,  attachments  of  real  estate  affecting, 

relative  to  .  .  .  .  .  .  .  .     144  1,  2 

guardians  ad  litem  appointed  by  land  court  on  petitions  for, 

payment  of  compensation  of         .  .  .  .  .118 

Tobacco,  manufacture,  etc.,  by  industrial  homework,  prohibited      .     429  Subs.  144 

Topsfield,  town  of  (see  Cities  and  towns). 

Water  District  of  Topsfield,  establishment,  etc.        .  .  .     138  1-14 

Tort  actions,  motor  vehicles,  arising  out  of  operation  of,  costs  in 

certain,  relative  to        .  .  .  .  .44  1,  2 

filing  in  district  courts  by  plaintiffs  in,  of  claims  of  trial  by  su- 
perior court,  time  of     .  .  .  .  .  .  .     133  1,  2 

masters  in,  in  district  courts,  appointment  of,  investigation  and 

study  relative  to       ....  .        Resolve       55 

appropriation       .  .  .  .  .  .  .  .     445  36m 

presumption  as  to  responsibility  of  defendant  in,  for  conduct 
of  operator,  etc.,  of  vehicle  if  registered  in  name  of  de- 
fendant as  owner  .......     439  1,  2 

service  of  process  on  certain  defendants  in    .  .  .  .     387 

Town  committees  (see  Elections,  political  committees). 
TOWN   MEETINGS,    LIMITED,   ETC.: 

Brain  tree,  in,  establishment,  etc.     .  .  .  .  .  .17  1-14 

Milford,  in,  chairman  of  board  of  sewer  commissioners  to  be 

town  meeting  member  at  large      .....       35  1,  2 

Needham,  in,  chairman  of  planning  board  to  be  town  meeting 

member  at  large  .......       68 

standard  form  of,  division  of  towns  into  voting  precincts  under   .     267  2 

Town  officers  (see  Municipal  officers  and  employees;    and  specific 

titles). 
Town  river,  Quincy,  city  of,  in,  improvement  of    .  .  .419  1,  2 

appropriation    ......         ^  .  .     445  694c,  Page  611 


856  Index. 

Item  or 
Chap.  Section. 

Towns  (see  Cities  and  towns). 

Trade  and  Shipping  Commission,  Boston,  creation  of,  investi- 
gation relative  to  ....  .        Resolve       57 

appropriation     .........     445  36n 

Trade,  Fair,  Law,  so  called        .......     398 

Trade  mark,  brand  or  name,  distribution  of  articles  of  standard 
quality  under  a,  injurious  and  uneconomic  practices  in, 
protection  of  trade  mark  owners,  distributors  and  the  pub- 
lic against  .  .  .  .  .  .  .  •  •     398 

Traffic   signs,   lights,   etc.,   uniform,  providing  for,  investigation 

relative  to  ......        Resolve       24 

Trailers  (see  Motor  vehicles). 

Training  school,  Essex  county  (see  Essex  county). 

Training    schools,    Massachusetts    (see    Massachusetts    training 

schools) . 
Trains  (see  Railroads). 

Transportation,  alcoholic  beverages  or  alcohol,  of,  in  trucks,  per- 
mits for       .  .  .  .  .  .  •  .  •     418 

garbage,  offal  and  other  offensive  substances,  of,  further  regu- 
lated   282 

property,  of,  by  motor  vehicles,  supervision  and  control  of,  cer- 
tain laws  relative  to,  exemption  from,  of  certain  motor 
vehicles  owned  by  the  commonwealth  and  its  political 
subdivisions         .  .  -  .  .  .  •  .381 

survey  and  study  of  laws  relating  to  .  .        Resolve       33 

appropriation       .  ...  .  ...     434    36i,  Page  584 

pupils,  of,  to  vocational  schools,  state  reimbursement  for,  in  case 
such  pupils  reside  in  a  town  exempted  by  department  of 
education  from  maintaining  a  high  school      .  .  .     323 

See  also  Motor  vehicles;   Railroads;   Street  railways. 
Trapp  pond,  Edgartown,  in,  fishing  in,  without  license,  permitted     .     152  1,  2 

Traps,  mammals,  hunting  of,  use  in,  penalty  .  .  .  .     324 

Trawls,   beam  or  otter,  use  in  taking  fish  (see  Fish  and  fisheries, 

marine). 
Treasurers,  city  and  town  (see  City  and  town  treasurers). 

countj^  (see  County  treasurers). 
TREASURER,    STATE: 

.   ,.  /234  210-217 

appropriations \  434  212;  Page  587 

Colrain,  towTi  of,  payment  of  sum  of  money  to,  by,  on  account  of 
moneys  expended  by  it  in  repairing  and  reconstructing 
certain  bridges  therein  .  .  .  .  .  .351 

r  397  5-7 

Connecticut  river  valley  flood  control,  interstate  compact  rela-  I  402  4 

tive  to,  powers  and  duties  as  to     .  .  .  .  .  1  441 

1446  1 

...  f    190b,  677a, 

appropriations         ........     44o  j        Page  611 

county  retirement  systems,  certain  duties  as  to  .  .  .     336  8 

Cuttyhunk  harbor,  improvement  of,  duties  as  to        .        Resolve       29 

appropriation  ........     445  694b,  Page  610 

Edgartown  harbor,  improvement  of,  duties  as  to  .        Resolve       27 

appropriation  ........     445  694a,  Page  610 

emergency  finance  board  in  department  of  (see  Emergency 
finance  board). 

emergency  public  works  commission  in  department  of  (see  Emer- 
gency public  works  commission). 

escheated  estates  of  certain  deceased  persons,  balances  of,  pay- 
ment from  state  treasury,  statements  as  to  fees  for  legal 
services  in  connection  with,  filing  ^vith   .  .        Resolve       39 

gasoline  tax,  portion  of  proceeds  of,  transfer  from  Highway  Fund 

to  General  Fund  by     ......  .     443 

general  court,  compensation  of  members  of,  payment  of,  powers 

and  duties  as  to  .......     236  1,  2 

Harrison,  Agnes  L.,  payment  by  commonwealth  of  sum  of  money 
to,  agreement  as  to  fees  for  legal  services  in  connection 
with,  filing  with  .....        Resolve       49 

income  taxes,  distribution  to  cities  and  towns  by       .  .  .     395  4 

jailers,  masters,  etc.,  certain,  giving  of  bond  annually  by,  to        .     219  6 

Kinzler,  Mary,  payment  by  commonwealth  of  sum  of  money 
to,  agreement  as  to  fees  for  legal  services  in  connection 
with,  fiUng  with  .....        Resolve       50 


52 

369 

1,2 

219 

2.6 

Index.  857 

Item  or 

Chap.  Section. 
TREASURER,    STATE  —  Concluded. 

r  403  5-7 

Merrimack  river  valley  flood  control,  interstate  compact  rela-  I  423  4 
tive  to,  powers  and  duties  as  to     .          .          .          .          .  )  442 

[446  2 

..^f     190a,  677a. 
appropriations 445  |        p^^g^  q^^ 

Murphy,  James  P.  and  Annie,  payment  by  commonwealth  of 
sum  of  money  to,  agreement  as  to  fees  for  legal  services  in 
connection  with,  filing  with  .  .  .        Resolve       48 

north  metropolitan  sewerage  district,  additional  sewers  in,  con-  /  433  2-4,  6,  8 

struction  of,  powers  and  duties  as  to      .  .  .  .  \  446  3 

Pratt,  William  H.,  former  member  of  state  police,  payment  of 
annuity  to,  certain  agreement  in  connection  with,  filing 

with 417 

Quabbin  Park  cemetery  in  town  of  Ware,  trust  funds  for  per- 
petual care  of  lots  in,  receipt  and  investment  by      Resolve 
Savoy,  town  of,  distribution  of  receipts  from  income  tax  to,  by 
sheriffs,  bond,  giving  by,  annually  to        ....  . 

supreme  judicial  court  for  commonwealth,  clerk  and  assistant 

clerk  of,  bond,  giving  by,  annually  to      .  .  .  .     219  4 

tax  appeals,  board  of,  in  department  of  (see  Tax  appeals,  board 

of), 
tax,  state,  apportionment  and  assessment  of,  duties  as  to      .  .     444  1—4 

tent  caterpillars,  suppression  of,  recovery  of  cost  of,  in  certain 

cases  by      .  .  .  .  .  .  .  .  .415  6A 

Town  river  in  city  of  Quincy,  improvement  of,  duties  as  to  .419  1 

appropriation  ........     445  694c,  Page  611 

unemployment    compensation,    administration    of,    powers    and  \  ac,-,  j      1.  Subs.  2, 
duties  as  to  .  .  .  •      ..-.         •  •  ■/  I     5,8,36-44 

Westfield,  city  of,  Apremont  park  in,  acquisition  and  develop- 
ment as  a  war  memorial  by  Hampden  county,  contribu- 
tion by  commonwealth  toward  cost  of,  powers  and  duties 
as  to  .........     389 

appropriation  ........     445  217a,  Page  610 

workmen's  compensation  law,  death  cases  under,  payments  into 

state  treasury  in  certain,  amount  increased     .  .  .     394 

payments,  certain,  under,  by        .....  .     321 

Trial  justices,  appeals  to  superior  court  from,  withdrawal  of  .  .311 

Trials,  civil  (see  Practice  in  civil  actions). 

criminal  (see  Criminal  procedure  and  practice). 
Trout,  great  ponds  stocked  with,  taking  of  trout  from,  restricted        .     269 
Miller's  river  and  its  diverted  waters,  taking  from,  relative  to      .      116 
Trucks,  motor  (see  Motor  trucks). 
Truro,  town  of  (see  Cities  and  towns). 
Trust    commission,    public,    creation    of,    investigation    relative 

to       .......  .        Resolve       37 

appropriation     .........     434   36j,  Page  584 

Trust  companies  (see  Banks  and  banking). 

Trustee  process,  contributions  and  benefits  under  unemployment 

compensation  law  exempt  from      .....     421  1,  Subs.  4,  24 

investigation  and  study  by  judicial  council  relative  to       Resolve         5 
Trustees,  investment  of  funds  by  certain,  in  certain  insurance  poli- 
cies and  annuity  contracts,  permitted    ....     312  2 

wills,  under,  judges  and  special  judges  of  probate  and  insolvency 

as,  relative  to .     408  3,  4.  9 

Trusts,  foreclosures  of  mortgages  which  hinder  proper  administration 
of  certain,  temporary  injunctions  to  restrain,  issuance  by 
probate  courts     .  .  .  .  .  .  .  .     257 

transferable  shares,  having,  shareholders,  lists  of,  etc.,  filing  with 

commissioner  of  corporations  and  taxation  by  .  .     395  3 

taxation  of,  investigation  relative  to      .  .  .        Resolve       58 

Tuberculosis,  hospital  districts,  county,  admission  to  ho.spitals  of, 
for  purposes  of  diagnosis  and  observation,  of  certain  pa- 
tients -with  diseases  of  the  lungs  other  than  recognizable 
tuberculosis  ........     392 

retirement  systems  for  employees  of,  certain  changes  in  laws 

relating  to 336  1-10 

See  also  Middlesex  county  tuberculosis  hospital  district ;   Nor- 
folk county  tuberculosis  hospital;    Plymouth  county  tu- 
berculosis hospital. 
See  also  Lung  diseases. 


858 


Index. 


Tuberculosis,  division  of  (see  Public  health,  department  of). 

Tuckernuck  island,  fisheries  in  coastal  waters  adjacent  to,  etc., 
further  protection  of    . 

Tunnel,  vehicular.  East  Boston  (see  Sumner  Tunnel). 

Twenty-sixth  division,  Massachusetts  national  guard,  major  gen- 
eral commanding,  to  be  member  of  armory  commission 

Tyngsborough,  town  of  (see  Cities  and  towns). 


Chap. 


49 


300 


Item  or 
Section. 


1-7 
1 


u. 

Undernourished  school  children,  food  for,  fumishmg  by  school 

committees,  investigation  relative  to      .  .        Resolve 

Underpass,  Commonwealth  avenue,  in,  at  or  near  its  intersection  with 

Massachusetts  avenue  in  city  of  Boston,  construction^  of 

Undertakers    (see  Embalmers  and  funeral  directors;    Embalming 

and  funeral  directing,  board  of  registration  in). 
UNEMPLOYMENT    COMPENSATION    COMMISSION: 

appropriations       ......... 

powers,  duties,  etc.         ........ 

See  also  Unemployment  compensation  law. 
UNEMPLOYMENT    COMPENSATION   LAW: 

in  general,  amendments  to 

administration 

benefits         .... 

claims  and  appeals 

contributions 

wages  of  three  dollars  or  less  in  any  one  week  not  subject  to,  by 
employees  ......... 

definitions    .......... 

employees  subject  to,  defined  ...... 

employers  subject  to,  defined  .  .  .       _  . 

investment  board  under,  membership,  powers,  duties,  etc. 

penalties,  general  ........ 

records  and  reports         .  . 

unemployment  compensation  administration  account 

unemployment  compensation  fund  ..... 

Unemployment,  emergency,  relief  funds,  general  unemployment, 
appropriation,  etc.,  by  towns  in  connection  with 
relief  projects,  federal,  in,  borrowing  by  cities,  towTis  and  dis- 
tricts on  account  of      ......  . 

See  also  Federal  emergency  laws;   National  Industrial  Recovery 
Act. 
Unfair  competition,  acts,  certain,  declared  to  constitute,   under 
Fair  Trade  Law,  so  called     ...... 

Unfair  labor  practices,  state  labor  relations  act,  under  . 
Uniforms,    sergeant-at-arms,    doorkeepers,    assistant    doorkeepers, 
general  court  officers  and  pages  of  general  court,  for,  pur- 
chase of      ........  . 

UNIFORM    STATE   LAWS: 

arrest,  extra-territorial,  on  fresh  pursuit  ..... 

interstate  rendition,  procedure  on   .  ... 

witnesses  from  without  a  state,  attendance  in  criminal  proceed- 
ings, law  securing,  made  uniform  ..... 

Uniform  state  laws,  commissioners  on,  appropriation 

member   of,    to    be    member    of    commission   on   interstate    co- 
operation   .  .  .       _    . 
Unions,  labor,  private  police  and  detective  activity  in  labor  dis- 
putes, regulation  of  certain  forms  of,  as  affecting 
See  also  Labor;   Labor  relations  act,  state,  so  called, 
school  superintendency,  superintendents  of  schools  in,  certificates 
of  fitness  of,  relative  to  .....  . 

UNITED    STATES: 

Bedford,  town  of.  Veterans'  Administration  Facility  in,  certain 
lands  for,  consent  of  commonwealth  to  acquisition  of,  by, 
etc.    .  .  .  .  .  .  .        _ .  .    _      . 

citizens  of,  applicants  for  registration  as  veterinarians  required 
to  be  .  .  .  .  .  .  .  .  . 

congress  of,  act  passed  by,  known  as  Soil  Survey  and  Domestic 
Allotment  Act,  co-operation  by  commonwealth  with  fed- 
eral government  in  carrying  out  provisions  of 


62 

173 

1-5 

234 
421 

464,  465 
1-4 

421  1^ 

421  1,  Subs.  45-48 
421  1,  Subs.  13-25 
421  1,  Subs.  26-33 
f  1,  Subs.  2- 
\  12;  2 


421 


421 
421  1 
421 
421 
421 

421  I 

421  1 
421  1 

421  I 


107 


1,  Subs.  4 

Subs.  1-lB 

1,  Subs.  1 

1,  Subs.  1 

1,  Subs.  41 

1,  Subs.  5, 

25,  35,  36 

,  Subs.  34,  35 

,  Subs.  42-44 

1,  Subs.  37- 

41;  4 


1-3 


398 

436  8,  8A,  10,  14 


189 


208 
304 

1,2 
1-3 

210 
234 

1.2 
168 

404 

1 

437 

1,2 

281 

361 
66 

374 


1,2 


1-7 


Index.  859 


Item  or 
Chap.  Section. 

UNITED    STATES  —  Continued. 

congress  of,  Connecticut  river  valley,  flood  control  in,  compact 
relative  to,  between  commonwealth  and  states  of  Connecti- 
cut, New  Hampshire  and  Vermont,  approval  by,  etc.      .     402  2 
Cuttyhunk     harbor,     improvement     of,     appropriation     for, 

by      .......  .        Resolve       29 

Edgartown     harbor,     improvement     of,     appropriation     for, 

by      .......  .        Resolve       27 

emergency  laws  of  (see  Federal  emergency  laws). 
Merrimack  river  valley,  flood  control  in,  compact  relative  to, 
between  commonwealth  and  state  of  New  Hampshire, 
approval  by,  etc.  .......     403  2 

Town  river  in  city  of  Quincy,  improvement  of,  appropriation 

for,  by 419  1 

Connecticut  river  flood  control  projects  of,  construction  by  city 

of  Springfield  of  flood  control  works  in  conjunction  with    .      119  1 

constitution  of,  one  hundred  and  fifteenth  anniversary  of  for- 
mation of,  celebration  of,  establishment  of  special  com- 
mission to  co-operate  in,  appropriation  ....     434  107a 

Cuttyhunk  harbor,  improvement  of,  as  a  project  of  .        Resolve       29 

appropriation  ........     445  694b,  Page  610 

Edgartown  harbor,  improvement  of,  as  a  project  of  .        Resolve       27 

appropriation  ........     445  694a,  Page  610 

emergency  laws  of  (see  Federal  emergency  laws), 
estate  tax  imposed  by,  as  affecting  taxation  of  transfers  of  cer- 
tain estates  ........     420  1—4 

flood  control,  certain  interstate  compacts  relative  to,  contracts  or  f  397  4 

agreements  in  connection  with,  entry  into  with        .  .  \  423  4 

food  and  drug  administration  of  department  of  agriculture  of, 
definitions  and  standards  of  cheese  fixed  and  promulgated 
by,  applicability  to  manufacture  and  sale  of  cheese  in  this 
commonwealth    ........     335  2, 4 

grants  by,  for  emergency  public  works,  etc.  (see  Federal  emer- 
gency laws), 
housing  administrator,   federal,   loans  insured   by,   making   by 

banking  institutions  and  insurance  companies         .  .     240 

interstate  co-operation,  commission  on,  co-operation  by,  with 

government  of     .......  .     404  1 

Merrimack  river  flood  protection  projects  of,  construction  and 
maintenance  by  city  of  Haverhill  of  certain  works  in  con- 
junction with       ........     405  1-4 

national  banks  (see  Banks  and  banking). 

notes  of,  investments  in,  by  credit  unions  ....     228 

penal  institutions  of,  imprisonment  for  five  years  or  more  in,  con- 
stituted as  a  cause  for  divorce        .  .  .  .  .76  1,  2 

president  of,  notice  to,  by  governor  of  approval  and  ratification  f  402  2 

of  interstate  compacts  relative  to  flood  control  .  .  \  403  2 

Route  6,  highway  known  as,  portion  of,  designated  as  Grand 

Army  of  the  Republic  Highway    .  .  .  .19  1,  2 

Salem,  city  of,  Derby  wharf  and  adjacent  properties  in,  acquisi- 
tion and  transfer  to  government  of,  for  restoration  and 
preservation  as  a  national  monument     ....     241  1-5 

secretary  of  agriculture  of,  powers  of,  with  respect  to  co-operation 
by  commonwealth  with  federal  government  in  carrying  out 
provisions  of  Soil  Conservation  and  Domestic  Allotment 

Act 374  1-3,  5 

secretary  of  war  of,  placing  of  certain  moneys  to  credit  of,  for 

improvement  of  Cuttyhunk  harbor     .  .        Resolve       29 

appropriation      ........     445  694b,  Page  610 

for  improvement  of  Edgartown  harbor       .  .        Resolve       27 

appropriation       ........     445  694a,  Page  610 

for  improvement  of  Town  river  in  city  of  Quincy        .  .     419  1 

appropriation      .  .  .  .  ...  .     445  694c,  Page  611 

states  of,  arrest,  extra-territorial,  on  fresh  pursuit,  uniform  law 
as  to,  co-operation  in  connection  theremth  by  common- 
wealth with 208  1,2 

interstate  co-operation,  commission  on,  co-operation  by,  with  .     404  1 

notes  of,  investments  in,  by  credit  unions     .  .  .  .     228 

probationers  and  parolees,  interstate  supervision  of,  compacts 

for,  by 307  1,  2 

rendition,  criminal,  interstate,  uniform  law  as  to,  as  affecting   .     304  1-3 

Soil  Conservation  and  Domestic  Allotment  Act,  carrying  out  of 
provisions  of,  co-operation  by  commonwealth  in,  with 
agencies  of  ........     374  4 


860  Index. 


Item  or 
Chap.  Section. 


UNITED    STATES  —  Concluded. 

states  of,  unemployment  compensation  law,  aiTangements,  etc., 

under,  with 421        1,  Subs.  48 

witnesses  from  without  a  state,  attendance  in  criminal  pro- 
ceedings, law  secui'ing,  made  uniform      ....     210  1,  2 

See  also  Connecticut;    New  Hampshire;   Vermont. 
Town  river  in  city  of  Quincy,  improvement  of,  as  a  project  of        .     419  1 

appropriation  ........     445  694c,  Page  611 

unemployment  relief  and  other  projects,   grants  for,   by    (see 

Federal  emergency  laws). 
war  department  of,   flood  control,   certain  interstate  compacts  f  397  4 

relative  to,  certain  notices  in  connection  with,  sending  to  .  \  423  4 

See  also  Federal   Deposit  Insurance  Corporation;    Federal  Se- 
curity Act  of  1933;    National  labor  relations  act. 
Universities  (see  Colleges  and  universities). 

f  "^34  3*11    "W^ 

University  extension  courses,  appropriations  .  <  |o4  '  qcT 

correspondence  courses,  free,  advantages  of,  extended  to  certain 

blind  persons        .  .  .  .  .  .  .  .213 

extended  to  disabled  veterans      .  .  .  .  .  .327 

investigation  relative  to  .....        Resolve       38 

appropriation  ........     434    361,  Page  584 

' '  University  of  Massachusetts  ' ' ,  name,  future  use  of,  restricted      .     326  7 

University  of  Massachusetts,  Inc.,  property,  etc.,  of,  transfer  to 

the  Trustees  of  Middlesex  University   ....     326  6,  7 

Upholstered  furniture,  articles  of,  filled  with  garnetted  clippings,  so 

called,  manufacture  and  sale  of      .  .  .  .  .176 

Upton,  town  of  (see  Cities  and  towns). 

Utilities,  public,  department  of  (see  Public  utilities,  department 
of). 

V. 

Vacating  judgment,  actions,  certain,  in,  in  case  of  death  of  defend- 
ant, etc. 406  1 

Vacations,  municipal  employees,  certain,  for  .  .  .  .15 

Vaccine,  anti-rabic,  and  treatment  of  certain  persons,  furnishing  by 

local  boards  of  health  .......     375 

Vegetable  seeds  (see  Agricultural  seeds). 

Vehicles  (see  Bicycles;   Motor  vehicles). 

Vendors  and  vendees,  provisions  relating  to,  under  Fair  Trade  Law, 

so  called .  .  .398 

Venereal  diseases,  persons  suffering  from  certain,  treatment  of,  re- 
sponsibility for,  transferred  to  commonwealth  .  .     391 
appropriation     .........     445  605a,  Page  610 

Vermont,  state  of,  flood  control  in  Connecticut  river  valley,  com- 
pact relative  to,   between  commonwealth  and,  etc.,  ap- 
proval, ratification,  etc.  .  .  .  .  .  .     402  1-4 

{  397  1—8 

provision  for  compliance  by  commonwealth  with,  and  for  fur-  I  ^^-^ 

ther  study  relative  to  such  flood  control  .  .  .1  ^^g  j^ 

.,r  /    190b,  677a, 
appropriations         ........     445  {         Page  611 

VETEEANS: 

burial  of  wives  or  widows  of  certain,  payment  of  expenses  of       .     273  2 

correspondence  courses,  free,  certain,  furnishing  by  department 

of  education  to  disabled         ......     327 

disabled,  correspondence  courses,  free,  certain,  furnishing  by  de- 
partment of  education  to      .....  .     327 

educational  opportunities,  higher,  for  children  of  certain,  appro- 
priation      .........     234  347 

insurance  brokers'  license  fee,  exemption  from,  of  widows  of  cer- 
tain    260 

organizations,  incorporated,  of,  headquarters  for  local  posts  of, 

providing  by  cities  and  towns         .....     255 

pensions  and  retirement  allowances,  non-contributory,  for  cer- 
tain, ultimate  abolition  of,  advancement  of  date  for  .      102  2 

retirement  from  state  service  of  certain,  appropriations  .     234  727,  728 

See  also  Civil  war  veterans;  Disabled  American  Veterans  of 
the  World  War;  Grand  Army  of  the  Republic;  Lynn 
Chapter  of  the  Yankee  Division  Veterans'  Association; 
Mexican  border  service;  Spanish-American  war;  State 
aid,  military  aid  and  soldiers'  relief;  Veterans  of  Foreign 
Wars  of  the  United  States ;  World  war. 


Index. 


861 


Veterans'  Administrative  Facility,  Bedford,  town  of,  in,  acquisi- 
tion by  United  St.'ites  of  certain  lands  for,  consent  of  com- 
monwealth to       ........ 

Veterans  of  Foreign  Wars  of  the  United  States,  state  convention 
of,  in  town  of  Hull,  appropriation  of  money  by  said  town 
in  connection  with        ....... 

Veterans  of  Foreign  Wars  Parkway,  so  called,  extension  into 
town  of  Dedhani,  investigation  relative  to       .        Resolve 

Veterinarians,  registration  as,  applicants  for,  requii'ed  to  be  citizens 
of  United  States  ....... 

Veterinary  medicine,  board  of  registration  in  (see  Civil  service 
and  registration,  dcpnrtnu-nt  of). 

Victuallers,  common  (see  Common  victuallers). 

Vocational  education,  investigation  relative  to    .  .        Re.solve 

Vocational  rehabilitation  and  co-operation  with  federal 
government,  appropriations         ..... 

Vocational  schools,  teachers  for,  training  of,  appropriations  . 

transportation  of  pupils  to,  state  reimbursement  for,  in  ca.se  such 
pupils  reside  in  a  town  exempted  by  department  of  edu- 
cation from  maintaining  a  high  school    .... 
Volunteer  militia  (see  Militia). 
Voters  (see  Elections). 

registrars  of  (see  Registrars  of  voters). 
Voting  (see  Elections). 

Voting  machines,  use  in  election  of  city  and  town  officers  by  pro- 
portional representation  and  preferential  voting 


Chap. 

Item  or 
Section. 

361 

1,  2 

54 

1.  2 

40 

66 

63 

234 

/234 
\434 


323 


345 


341,  342 
343 
343 


Subs.  16 


w. 


Wachusett  reservoir,  flow  of  water  into,  from  East  Waushacum 
pond  in  town  of  Sterling,  stopping  of      . 
appropriation     ........ 

Wading  river,  use  as  a  source  of  water  supply  of  city  of  Attleboro 
Wage,  boards,  appropriation  ...... 

powers  and  duties       ....... 

minimum,   interstate   compact  on,   commission   required   to   be 
established  under,  provision  for     .... 

laborers  employed  by  state  department  of  public  works,  for 
law,  wage  rates  under,  for  women  and  minors,  determination 

and  establishment  of    . 
matter    of,    consideration    by    commission    on    interstate    co- 
operation   ........ 

service,  department  of  labor  and  industries,  appropriations 
Wagers,  horse  races,  on  (see  Horse  racing  meetings  conducted  under 

pari-mutuel  system  of  wagering). 
Wages,  attachments  of,  etc.,  investigation  by  judicial  council  relative 
to       .......  .        Resolve 

industrial  homework,  for,  relative  to         ....  . 

private  police  and  detective  activity  in  labor  disputes,  etc.,  pro- 
hibited with  respect  to  matters  relating  to,  etc. 
See  also  Labor  relations  act,  state,  so  called. 
Wagner  Act,  Baby,  so  called     ....... 

Waite,  Silas  F.,  retirement  allowance  of,  under  state  retirement  sys- 
tem   .  .  .  . 

Wakefield,  town  of  (see  Cities  and  towns). 
Walpole,  town  of  (see  Cities  and  towns). 

Walter  E.  Fernald  state  school,  appropriations  . 

Waltham,  city  of  (see  Cities  and  towns). 

Watch  Company,  taxes  assessed  to,   certain  overpayments  of, 
funding  by  city  of  Waltham,  etc.  .... 

Ward  (see  Guardians  and  conservators). 

Ward  committees  (see  Elections,  political  committees). 

Wardens,  fish  and  game,  municipalities,  paid  by,  offices  of,  gradual 
abolition  of  .......  . 

title  of,  etc.,  changed  to  conservation  officers,  etc 

Warehousemen,   public,    alcoholic   beverages,   storing  and   ware- 
housing of,  permits  for,  issuance  to  ...  . 

Ware,  town  of  (see  Cities  and  towns). 


225         1,  2 

434  75Sb,  Page  584 

149 

234         624 

401         1-3 


404 
346 

1,  Subs.  25 

401 

1-3 

404 
234 

1 

623-625 

129  I 


437 
436 
353 


/234 
1434 


3S6 


413 
413 


424 


Subs.  145, 
147D 

1,  3 
1-16 


524-528 
524 


1-3 


1.3 

1.  2,  4 


862 


Index. 


Warrants,  arrest,  for,  issuance  of  summons  instead  of,  in  certain 
prosecutions  for  violation  of  motor  vehicle  laws 
uniform  criminal  interstate  rendition  law,  under   . 
rendition,  of  governors  of  other  states  under  uniform  law  as  to 
extra-territorial  arrest  on  fresh  pursuit  . 
Warren,  town  of  (see  Cities  and  towns). 
Wars,  expenses  on  account  of,  appropriations  .  .  . 

See  also  Civil  war  veterans;    Mexican  border  service;  Soldiers, 
sailors  and  marines;    Spanish- American  war;    Veterans; 
World  war. 
War  veterans  (see  Veterans) . 

Water  companies,  taxation  of  (see  Taxation,  corporations,  of,  cor- 
porate franchises), 
treatment  works  of,  improvements  relative  to,  requirement  by 
state  department  of  public  health         .  .  .  . 

Water  districts  (see  Districts). 

Water  rates,  collection  of,  investigation  and  study  relative  to  Resolve 
WATERS   AND    WATERWAYS: 
in  general: 

interstate  waters  used  for  drinking  purposes,  protecting  purity 
of,  investigation  relative  to  .  .  .  .       Resolve 

basin: 

Charles  river  (see  Charles  river  basin). 
great  ponds : 

trout,  stocked  with,  taking  of  trout  from,  restricted 
harbors  and  bays : 

Boston  harbor,  Shirley  Gut  in,  widening  and  deepening  of, 
investigation  as  to    .  .  .  .  .        Resolve 

appropriation      ........ 

Cuttyhunk  harbor,  improvements  in    .  .  .        Resolve 

appropriation       .  .  .  . 

Edgartown  harbor,  improvements  in    .  .  .        Resolve 

appropriation       ........ 

Fairhaven  harbor,  improvement  of,  borrowing  of  money  by 
town  of  Fairhaven  for  .  .  .  .  .  . 

Gloucester  harbor,  fish  and  commercial  pier  in,  construction 
and  leasing  by  commonwealth        .  .  .  .  . 

Green  harbor  in  town  of  Marshfield,  dredging  of  portion  of, 
investigation  relative  to    .  .  .  .        Resolve 

appropriation       .  .  .  .  .  .  ■  ■ 

Hingham  bay,  construction  of  breakwater  in,  investigation 
relative  to        .....  .        Resolve 

appropriation       .  .  .  .  .  . 

Hull  bay,  improvements  in,  additional  contribution  by  state 
department  of  public  works  toward,  investigation  rela- 
tive to     .  .  .  .  .  .  .        Resolve 

appropriation      ........ 

New  Bedford  harbor,  harbor  lines  in,  relocation  of  certain 
Padanaram,  harbor  at,  in  town  of  Dartmouth,  improvements 
in,  investigation  relative  to  certain   .  .        Resolve 

appropriation       ........ 

Quincy   bay,   channel   from,   to   WoUaston  Yacht   Club  and 
Squantum  Yacht  Club,  and  basin  in  front  of  said  clubs, 
dredging  of,  investigation  relative  to  .  .        Resolve 

appropriation       .  .  .  .  .  "        .  . 

Witchmere  harbor,  Nantucket  sound  at  entrance  to,  in  town  of 
Harwich,   improvements  in,   investigation  relative   to 
certain    .......        Resolve 

appropriation      ....... 

inland  waters : 

Barnstable  county,  in,  appropriations  by  towns  in  said  county 

for  stocking  such  waters  with  fish  .  .        _  . 

fishing  in,  for  fish  with  respect  to  which  no  close  season  is  other- 
wise established,  close  season  for  .... 

See  also  Game  and  inland  fisheries. 
navigable  waters : 

structures  in,  authority  to  build,  petitions  to  general  court  for 
ponds  and  lakes: 

Barnstable  county,  in,  appropriations  by  towns  in  said  county 

for  stocking  such  waters  with  fish 
Cochituate,  Lake,  in  town  of  Natick,  use  for  boating  and  fish- 
ing      .•.-,.• 

Dukes  county,  certain  ponds  in,  fishing  in,  without  hcense 
permitted  ........ 


Chap. 

230 

304 

208 
234 


Item  or 
Section. 

1,  2 
1 


161-163 


340 
12 


51 


269 


69 
445  36t,  Page  610 

29 
445  694b,  Page  610 

27 
445  694a,  Page  610 

204 

1.  2 

29 

1,  2 

69 
445 

36t. 

Page  610 

69 

445 

36t, 

Page  610 

69 
445 
127 

36t, 

Page  610 
1.  2 

69 

445 

36t, 

Page  610 

69 
445 

36t, 

Page  610 

69 
445 

36t, 

Page  610 

18 

1.  2 

123 

364 


18 

1.2 

197 

1.2 

152 

1.2 

Index.  863 


Item  or 
Chap.  Section. 

WATERS   AND    WATERWAYS  —  Conimwed. 
ponds  and  lakes  —  Concluded. 

East  Waushacum  pond  in  town  of  Sterling,  diversion  of  waters 

of,  by  metropolitan  district  commission,  completion  of  .     225  1,  2 

appropriation       ........     434  758b,  Page  584 

Ell  pond  in  city  of  Melrose,  control  of  ....     259 

Hardy  pond  in  Lakeview  section  of  city  of  Waltham,  pollution 
of,  investigation  relative  to,  by  state  department  of  pub- 
lic health  in  co-operation  with  said  city  and  with  town  of 
Lexington  .......        Resolve       28 

Hemenway's  pond  in  town  of  Milton,  dredging,  etc.,  of,  inves- 
tigation relative  to        ....  .        Resolve       54 

Miramichi  pond,  use  of  Wading  river  as  source  of  water  sup- 
ply of  city  of  Attleboro,  as  affecting       ....     149 

Musquashiat  pond,  sometimes  called  Musquashcut  pond,  in 
town  of  Scituate,  improvement  of  conditions  at,  investi- 
gation relative  to      .  .  .  .  .       Resolve       13 

appropriation      .  .  .  .  .  .  .  .     434  36c,  Page  584 

Nantucket,  town  of,  in,  deposit  without  right  of  certain  articles 

and  materials  in,  penalty      ......     156  1,  2 

Quannapowitt,  Lake,  in  town  of  Wakefield,  construction  and 
maintenance   by   metropolitan   district   commission   of   a 
bath  house  at,  investigation  relative  to  .  .        Resolve       54 

Sabbatia  lake  and  adjacent  land  in  city  of  Taunton,  acquisi- 
tion for  state  reservation  purposes,  further  investigation 
relative  to  ......        Resolve       47 

Sengekontacket  pond,  boundary  line  between  towns  of  Edgar- 
town  and  Oak  Bluffs  through  waters  of,  re-established        .     265  1-3 
trout,  taking  from  great  ponds  stocked  therewith,  restricted     .     269 
reservoirs : 

East  Otis,  in  town  of  Otis,  outlet  and  spillway  of,  screening  by 

department  of  conservation  .....     296 

Wachusett,  fiow  of  water  into,  from  East  Waushacum  pond 

in  town  of  Sterling,  stopping  of  ....     225  1,  2 

appropriation      ........     434  758b,  Page  584 

rivers: 

in    general,    sanitary    condition    of,    investigation     relative 

to  .  .  .  .  .  .  .  .       Resolve       66 

appropriation  .  .  ...  .  .     445  36q 

Assabet,  sanitary  condition  of,  investigation  relative  to  Resolve       66 

appropriation       ........     445  36q 

Blackstone,     sanitary    condition    of,    investigation    relative 

to  .  .  .  .  .  .  .  .        Resolve       66 

appropriation       ........     445  36q 

Charles,  Gerry's  Landing  on,  in  city  of  Cambridge,  building  for 
bath  house  and  recreational  purposes  at  beach  at,  investi- 
gation relative  to  .  ...  .        Resolve       54 

sanitary  condition  of,  investigation  relative  to  .        Resolve       66 

appropriation  ........     445  36q 

Watertown,  town  of,  in,  beach  at  location  of  proposed  pub- 
lic bath  house  on,  construction  by  metropolitan  district 
commission  .  .  ...  .  .  .      178 

Charles  river  basin  (see  Charles  river  basin). 

Concord,  sanitary  condition  of,  investigation  relative  to  Resolve       66 

appropriation      ........     445  36q 

Connecticut,  bridge  over,  proposed,  between  towns  of  Green- 
field and  Montague,  investigation  relative  to     Resolve       24 
to   be  constructed   between   Northampton  and   Hadley, 

designated  as  Calvin  Coolidge  Memorial  Bridge       .       72 
expediting  of  work    .......     337 

land  takings  and  borrowing  of  money  by  Hampshire 

county  in  connection  with      .....     155  1-4 

flood  protection  works  along,  construction  by  city  of  Spring- 
field       119  1-4 

pollution  of,  assembhng  of  data  pertaining  to  Resolve       66 

appropriation  .  .  .  .  .  .     445  36q 

valley  of,  flood  control  in,  compact  relative  to,   between  f  397  1-8 

commonwealth    and    states    of    Connecticut,    New  I  402  1-4 

Hampshire    and    Vermont,    approval,    ratification,  |  441 
carrying  out  of  provisions  thereof,  etc.      .  .  .1 446  1 

aak!    190b,  677a. 
appropriations 445  |        Page  611 

French,  sanitary  condition  of,  investigation  relative] to  Resolve       66 

appropriation      ........     446  36q 


864  Index. 


Item  or 
Chap.  Section. 


WATERS   AND    "WATERWAYS  —  Co7icluded. 
rivers  —  Concluded. 

Housatonic,  flood  control  of,  reappropriation  434  Page  588 

Ipswdch,  water,  taking  from,  by  Lynn,  Peabody,  Salem  and 

Danvers  for  emergency  purposes,  time  extended     .  .        88 

Little,  flood  protection  works  along,  construction  and  main- 
tenance by  city  of  Haverhill  .....     405  1-4 

Meri'imack,  flood  protection  works  along,  construction  and 

maintenance  by  city  of  Haverhill,  etc.    ....     405  1-4 

problems,    certain,    pertaining    to,    investigation    relative 
to       .......  .        Resolve       60 

sanitary  condition  of,  investigation  relative  to   .        Resolve       66 

appropriation  ........     445  36q 

valley  of,  flood  control  in,  compact  relative  to,  between  com-     ^93  i_e 

monwealth  and  state  of  New  Hampshire,  approval,  s  aao 
ratification,  carrying  out  of  provisions  thereof,  etc.  .     ^^g  o 


190a,  677a, 
Page  611 


appropriations  .......     445 

Mill,  diversion  of  water  of,  or  alteration  of  course  thereof  by 

city  of  Springfield         .  .  .  .  .  .  .119  1^ 

Miller's,  sanitary  condition  of,  investigation  relative  to  Resolve       66 

appropriation       ........     445  36q 

talcing  of  trout  from,  and  its  diverted  waters     .  .  .116 

Mystic,  bridge  over,  between  cities  of  Somerville  and  Medford, 

designated  as  Wellington  Memorial  Bridge  .  .       47 

Medford  and  Arlington,  in,  construction  of 
appropriation  ..... 

sanitary  condition  of,  investigation  relative  to 
appropriation  ..... 


valley  of,  additional  sewers  in,  construction,  etc 


432  1—5 

.     445  726b,  Page  612 
Resolve       66 

.     445  36q 

/ 433  1-9 

•   1446  3 

Nashua,  sanitary  condition  of,  investigation  relative  to  Resolve       66 

appropriation       .  .  .  .  .  .  .  .     445  36q 

Neponset,  part  of,  in  town  of  Norwood,  dredging  and  deepen- 
ing of  channel  of,  or  altering  course  thereof,  investi- 
gation relative  to  ....        Resolve       21 

appropriation  .  .  ...  .  .  .     434  36e,  Page  584 

sanitary  condition  of,  investigation  relative  to  .        Resolve       66 

appropriation  ........     445  36q 

Paskamansett,  mouth  of,  in  town  of  Dartmouth,  improve- 
ments at,  investigation  relative  to  certain  .        Resolve       69 
appropriation       .  .  .  .  .  .  .     445  36t,  Page  610 

Quinnebaug,    sanitary    condition    of,    investigation    relative 

to  .  .  .  .  .  .  .  .        Resolve       66 

appropriation       ........     445  36q 

Saugus,  bridge  over,  new,  between  city  of  Lynn  and  Point  of 
Pines  in  city  of  Revere,  payment  of  cost  of  maintenance 

of 380 

Swan  Pond,  use  of  beam  or  otter  trawls  in  taking  fish  from,  or 
any  ponds  or  streams  connected   therewith  in  town  of 
Dennis,  prohibited        .  .  .  .  .  .  .182  1,  2 

Taunton,  bridge  over,  between  Fall  River  and  Somerset,  pro- 
posed, investigation  relative  to      .  .  .        Resolve       24 
improvement  of  ceitain  part  of,  reappropriation  .  .     434  Page  588 
Ten     Mile,     sanitary     condition     of,     investigation     relative 

to  .  .  .  .  .  .  .  .        Resolve       66 

appropriation       ........     445  36q 

Town,  in  city  of  Quincy,  improvement  of      .  .  .  .     419  1,  2 

appropriation       ........     445  694c,  Page  611 

Wading,  use  as  a  source  of  water  supply  of  city  of  Attleboro     .     149 
Weymouth  Fore,  harbor  line  in,  in  Quincy  and  Braintree,  re- 
establishment  of  certain         ......      120  1-3 

sound : 

Nantucket,  improvements  in,  at  entrance  to  Witchmere  har- 
bor in  town  of  Harwich,  investigation  relative  to  cer- 
tain .......        Resolve       69 

appropriation       ........     445  36t,  Page  610 

tide  waters : 

shellfish  in  (see  Fish  and  fisheries). 

structures  in,  authority  to  build,  petitions  to  general  court 

for .  .364  1 

See  also  Fish  and  fisheries;  Game  and  inland  fisheries. 


Index. 


865 


WATER   SUPPLY: 

Attleboro,  use  of  Wading  river  as  source  of       . 

Barnstable  Water  Company,  water  supply  for  Centerville-Oster 

ville  Fire  District  and  its  inhabitants,  as  affecting 
Beverly,  Ipswich  river,  from,  time  extended 
Buzzard's  Bay  Water  District,  establishment,  etc.     . 
Centerville-Osterville  Fire  District,  for,  and  its  inhabitants 
Danvers,  Ipswich  river,  from,  time  extended     . 
Harvard  and  its  inhabitants,  for      ..... 

interstate  waters  used  for  drinking  purposes,  protecting  purity 
of,  investigation  relative  to  .  .  .  .        Resolve 

Lynn,  Ipswich  river,  from,  time  extended  .... 

Manchaug  Water  District  of  Sutton,  establishment,  etc.    . 
metropolitan   (see  Metropolitan  districts,  water  district;    Met- 
ropolitan district  water  supply  commission). 
Peabody,  Ipswich  river,  from,  time  extended    .... 

Plymouth,  sources  in,  from,  for  Buzzard's  Bay  Water  District     . 
rates  and  charges  for,  collection  of,  investigation  and  study  rela- 
tive to         ......  .        Resolve 

Salem,  Ipswich  river,  from,  time  extended         .  .  .  . 

Swansea  Fire  and  Water  District,  abolished      .... 

systems  of,  approval  by  department  of  public  health 
Topsfield  Water  District  of  Topsfield,  establishment,  etc.  . 
West  Springfield,  for,  acquisition  of  additional  sources  of,  inves- 
tigation by  said  town  as  to  . 
Watertown,  town  of  (see  Cities  and  towns). 
Waushacum,  East,  pond  (see  East  Waushacum  pond). 
Wayland,  town  of  (see  Cities  and  towns). 

Ways,  public,  construction,  etc.,  of,  from  fimds  granted  or  loaned 

under  federal  emergency  laws  (see  Federal  emergencylaws). 

Grand  Army  of   the  Republic  Highway,  designation  of  certain 

highway  as  ........ 

highways,  flood  control,  certain  interstate  compacts  relative  to, 
provisions  in  connection  with,  for  relocation  of,  etc. 
appropriation       ........ 

use  of,  by  motor  vehicles  transporting  property,  regulation  of, 
and  supervision  of  such  motor  vehicles  and  such  trans- 
portation,  certain  laws  relative   to,   exemption   from,   of 
certain  motor  vehicles  owned  by  commonwealth  and  its 
political  subdivisions    ....... 

small  towns,  in,  state  aid  for  repair  and  improvement  of,  investi- 
gation   relative    to        ....  .        Resolve 

state  highways,  improvement  of  certain,  investigation  relative 
to       .......  .        Resolve 

laying  out  and  construction  of,  by  department  of  public  works, 
additional  procedure  for        ...... 

lighting  systems  on,  investigation  relative  to  .        Resolve 

proposed,  investigation  relative  to  certain      .  .        Resolve 

ways  connecting  with,  granting  of  certain  powers  to  depart- 
ment of  public  works  with  respect  to      . 
United  States  Route  6,  highway  known  as,  portion  of,  beginning 
in  town  of  Provincetown  and  extending  to  Massachusetts- 
Rhode  Island  bi)undary  line,  designated  as  Grand  Army  of 
the  Republic  Highway  ...... 

See  also  Grade  crossings:    Motor  vehicles. 
Weapons,  dangerous,  unlawfully  carrying,  penalty  for 

See  also  Firearms. 
Webster,  town  of  (see  Cities  and  towns). 
WEIGHTS   AND   MEASURES: 

scales  and  liquid  capacity  measures,  sealing  of  certain,  fees  for 

sealers  of,  fees,  certain,  to  be  received  by  .  .  . 

Welfare,  public,  department  of  (see  Public  welfare,  department  of). 

local  boards  of  (see  Public  welfare,  local  boards  of). 
Wellington  bridge,  appropriations        ..... 

designated  ;is  Wellington  Memorial  Bridge 


Chap. 
.      149 

169 
88 

145 

169 
88 

104 

51 

88 
179 


Westborough  state  hospital,  appropriations 

West  Brookfield,  town  of  (see  Cities  and  towns). 

West  End  House,  Inc.,  The,  tablet  commemorating  puVjlic  services 
rendered  by  James  Jack.son  Storrow,  proposed  to  be  pre- 
sented to  commonwealth  by,  acceptance,  etc.       Resolve 


Item  or 
Section. 


2A 


1-14 
1-11 


1-10 


1-14 


SS 
145 

12 

88 

92 

340 

138 

207 


19 
397 
423 
445  677a, 


381 

24 

24 

218 
24 
24 

344 


1.  2 

1-14 

1-3 


1,  2 

3 

3 

Page  611 


1.  2 


19 
250 


f  74 
\  305 
I  74 
1305 


234 

47 

/234 

1434 


1.  2 
1,  2 

1.  2 
1.  2 

726,  749 

508-513 
508,  513a 


10 


866 


Index. 


Westfield,  city  of  (see  Cities  and  towns). 

state  sanatorium,  appropriations     ...... 

state  teachers  college  (see  State  teachers  colleges). 
West  Newbury,  town  of  (see  Cities  and  towns). 
Weston,  town  of  (see  Cities  and  towns). 
Westport,  town  of  (see  Cities  and  towns). 

West  Roxbury,  district,  municipal  court  of,  additional  court  officer 
in,  provision  for  ....... 

parkway,  intersection  of  Grove  street  and,  in  town  of  Brookline, 
construction   of   traffic    circle    at,    investigation   relative 
to       .......  .        Resolve 

West  Springfield,  town  of  (see  Cities  and  towns). 

West  Tisbury,  pond,  fishing  in,  without  hcense,  permitted 

town  of  (see  Cities  and  towns). 
Westwood,  town  of  (see  Cities  and  towns). 

Weymouth,  Fore  river,  harbor  line  in,  in  Quincy  and  Braintree,  re- 
establishment  of  certain        ..... 

town  of  (see  Cities  and  towns). 
White,  George  Robert,  will  of,  park  land,  certain,  transfer  by  park 
department  of  city  of  Boston  to  trustees  under 
works  constructed  under,  admission  fees  to  demonstrations,  lec- 
tures, etc.,  at,  charging  by  city  of  Boston 
White  perch  (see  Fish  and  fisheries,  marine). 
Widows,  war  veterans,  certain,  of,  burial  at  public  expense 

exemption  from  payment  of  fee  for  insurance  brokers'  licenses 
state  aid,  eligibility  to  receive      ..... 

Wife  (see  Divorce;    Marriage). 
Wild  birds  (see  Game  and  inland  fisheries). 

Wills,  trustees  under,  investment  of  funds  by,  in  certain  insurance 
policies  and  annuity  contracts,  permitted 
judges  and  special  judges  of  probate  and  insolvency  as,  relative  to 
Winchester,  town  of  (see  Cities  and  towns). 

Windmere,  Hull,  town  of,  in,  dredging  of  inlet  at,  and  construction 

of  a  tide  gate,  investigation  relative  to  .  .        Resolve 

appropriation    ......... 

Wines  (see  Alcoholic  beverages). 

Winthrop,  shore  drive,  public  lavatory  on,  construction  of,  investi- 
gation relative  to  ....  .        Resolve 

town  of  (see  Cities  and  towns). 
Wires,  overhead,  Winchester,  town  of,  in,  removal  or  placing  under- 
ground of  certain  ....... 

Witchmere  harbor,  Nantucket  sound  at  entrance  to,  in  town  of 
Harwich,  improvements  in,  investigation  relative  to  cer- 
tain  ........        Resolve 

appropriation     ......... 

Witnesses,  criminal  pi'oceedings,  in,  from  without  a  state,  attendance 
in,  law  securing,  made  uniform      ..... 

hairdressers,  board  of  registration  of,  before     .... 

labor  and  industries,  commissioner  of,  before,  in  matters  relating 
to  industrial  homework  ...... 

labor  relations  commission,  before  ...... 

minimum  wage  commission,  before  ..... 

unemployment  compensation  law,  claims  under,  etc.,  with  re- 
spect to       ........  . 

wage  boards,  before        ........ 

Wixon,  Lincoln  S.,  pensioning  by  town  of  Plymouth     . 
Wollaston  Yacht  Club,  channel  from  Quincy  bay  to,  and  basin  in 
front  of  said  club,  etc.,  dredging  of,  investigation  relative 
to       .  .  .  .  .  .  .  .        Resolve 

appropriation     ......... 

Women,  employment  of,  conditions  of,  consideration  by  commission 
on  interstate  co-operation     ...... 

minimum  wage  for  (see  Minimum  wage  law), 
reformatory  for  (see  Reformatory  for  women), 
six  o'clock  law,  so  called,  relating  to  hours  of  employment  of,  in 
textile  industry,  suspension  until  April  1,  1938 
Wood  alcohol,  term  of  licenses  for  dealing  in,  and  certain  prepara- 
tions containing  such  alcohol,  and  labelling  of  same 
Worcester,  city  of  (see  Cities  and  towns). 

state  hospital,  appropriations  .  .  .  .  .  I 

state  teachers  college  (see  State  teachers  colleges). 


Chap. 


Item  or 
Section. 


f  234    635-637b 


298 

43 
152 

120 

258 

111 

273 
260 
273 


312 

408 


1,  2 

1-3 

1,2 

1,2 

2 

1 


2 
3,  4,  9 


69 
445  36t,  Page  610 

54 

71        1-6 

69 
445  36t,  Page  610 


210 
385 


1,2 

7 


429  Subs.  147F 

436  11 

401  1,  Subs.  18 

421  1,  Subs.  33 

401  1,  Subs.  6,  18 

60  1,  2 


69 


445 

36t,  Page  610 

404 

1 

153 

177 

1,2 

234 
434 

514,  515 
514,  515a 

Index. 


867 


370 
325 


325 
321 


1,  2 
23 


Item  or 
Chap.  Section. 

WORCESTER   COUNTY: 

appropriations  for  maintenance  of,  etc.  ....     320  1,  2 

district  court,  central,  of,  second  assistant  clerk,  office  established     297  1,  2 

tax  levy 320  2 

WORDS   AND   PHRASES: 

butter 335  1 

cheese 335  1,  2 

cream  cheese  .........     335  2 

labor  relations  act,  state,  under        ......     436  2 

unemployment  compensation  law,  under  .  .  .  .421  1,  Subs.  1 

Work  (see  Labor). 

WORKMEN'S   COMPENSATION: 

assault,  payment  of  compensation  in  certain  cases  of 

children,  dependent,  payments  to  certain,  in  case  of  death  of 

employee,  amount  and  period  of,  increased 
compensation,  dependent  children,  certain,  to,  in  case  of  death  of 
employee,  amount  and  period  of  payments  increased 
specified  injuries,  in  case  of  certain,  method  of  paying 
sun  stroke,  frost  bite,  assault  and  suicide,  payment  in  certain 

cases  of       ........  .     370 

time  at  which  to  be  begun  to  be  paid  .....     382 

county  emploj'ees,  payments  to,  as  affecting  certain  payments 

provided  by  county  retirement  systems  ....     336 

death,  payments  into  state  treasury  in  certain  cases  of,  amount 

increased     .........     394 

payments  to  certain  dependent  children  in  case  of,  amount  and 

period  of,  increased      .......     325 

fellow  employees,  physical  activities  of,  employees  injured  by,  in 
which  they  do  not  participate,  etc.,  payment  of  compensa- 
tion in  case  of      .......  .     370  1 

frost  bite,  payment  of  compensation  in  certain  cases  of       .  .     370  1 

guardians  and  conservators  of  employees  or  dependents,  insurers 

to  pay  cost  of  appointment,  etc.    .....     317 

insurers,  compensation,  payment  by,  when  to  begin  .  .     382 

cost  of  appointment,  etc.,  of  guardians  and  conservators  of 

employees  or  dependents,  payment  bj'  .  .  .  .     317 

death   cases,   payments  into   state   treasury   in   certain,    by, 

amount  increased  .......     394 

specified  injuries,  payments  in  case  of  certain,  by  .  .  .     321 

specified  injuries,  certain,  method  of  making  payments  for  .     321 

suicide,  payment  of  compensation  in  certain  cases  of  .  .  .     370  2 

sun  stroke,  p.iyment  of  compen.'Sation  in  certain  cases  of      .  .     370  1 

state  treasury,  payments  into,  in  certain  death  cases  .  .  .     394 

Works  Progress  Administration,   Federal    (see  Federal   Works 

Progress  Administration). 
World's   Fair,   New  York  city,  to  be  held  in,  in  year  1939,  par- 
ticipation   by    commonwealth    in,   investigation    relative 
to       .......  .        Resolve       17 

appropriation     ......... 

World  war,  testimonials  to  soldiers  and  sailors  of,  appropriation 
World  war  mothers,  so  called,  mural  painting  in  state  house  com- 
memorating sacrifices  of,  provision  for    .  .        Resolve 
appropriation     ......... 

World  war  veterans,  bonus  to  (see  Soldiers'  bonus). 

pensions  and  retirement  allowances,  non-contributory,  for,  ulti- 
mate abolition  of,  advancement  of  date  for 
widows  of  certain,  eligibility  to  receive  state  aid 
wives  or  widows  of  certain,  burial  at  public  expense   . 
See  also  Soldiers,  sailors  and  marines;   Veterans. 

Wrentham  state  school,  appropriations      ..... 

Murphy,  Francis  S.,  who  died  from  injuries  sustained  at,  pay- 
ment by  commonwealth  of  sum  of  money  to  parents 
of       .......  .        Resolve       48 

Writs,  habeas  corpus,  of,  under  uniform  criminal  interstate  rendition 

law .304  1,  Subs.  19, 20 J 


434  36d,  Page  584 
234  136 

19 
434  163c,  Page  583 


102 
273 
273 

/234 

\434 


2 
1 
2 

529 
529 


Y. 

Yankee  Division  Veterans'  Association,  Lynn  Chapter  of,  reim- 
bursement in  part  by  commonwealth  for  expenses  in- 
curred in  dedication  of  General  Clarence  R.  Edwards 
bridge         .......       Resolve       11